Res. No. 1267
Resolution calling on the United States Senate to pass and the President to sign the Dangerous Synthetic Drug Control Act of 2011, which would amend the Controlled Substances Act by banning synthetic cannabinoids commonly used in herbal incense.
By Council Members Wills, Nelson, Comrie, Ferreras, Vallone, Cabrera, Gentile, James, Koppell, Koslowitz, Palma, Rose, Vann, Williams, Vacca, Rivera and Rodriguez
Whereas, Herbal incense is an aromatic substance often containing synthetic cannabinoids, which are man-made chemicals that mimic the effects of Tetrahydrocannabinol, the active chemical in marijuana, and it is often sold in convenience stores, gas stations, smoke shops, and over the Internet at affordable prices; and
Whereas, Herbal incense, which is marketed under such brand names as "K2" and "Spice," is considered by The United States Office of National Drug Control Policy to be a synthetic drug; and
Whereas, Synthetic drug manufacturers and retailers heavily advertise their hazardous products to teenagers, often packaging them in attractive, colorfully designed containers that include inadequate descriptions of their ingredients and fail to provide sufficient warnings against ingestion or inhalation of the product; and
Whereas, According to the American Association of Poison Control Centers, in 2010, 2,906 calls relating to exposure to synthetic drugs were received and approximately 7,000 calls were received in 2011; and
Whereas, Effects from synthetic drugs include, but are not limited to, agitation, nausea, elevated blood pressure, paranoia, seizures, and hallucinations; and
Whereas, In an effort to stem the number of incidents associated with using synthetic drugs, in March 2011, the United States Drug Enforcement Administration ("DEA") exercised its emergency scheduling authority to control certain synthetic cannabinoids by temporarily categorizing them as Schedule I substances, which are substances that have no accepted medical use and have a likelihood of causing dependence; and
Whereas, This emergency action was necessary to prevent an imminent threat to public health and safety; and
Whereas, The emergency ban on these synthetic drugs by the DEA is set to expire on August 29, 2012; and
Whereas, In an effort to make the sale and possession of synthetic drugs illegal, numerous states including Arizona, Michigan, and New Jersey have legislated to ban the sale and possession of synthetic drugs; and
Whereas, Legislation is currently pending in the New York State Legislature seeking to prohibit the sale and/or distribution of products containing a synthetic cannabinoid; and
Whereas, Additionally, S.605, also known as the Dangerous Synthetic Drug Control Act of 2011, is currently pending in the United States Senate; and
Whereas, The United States House of Representatives passed H.R. 1254, a companion bill to S.605, on December 8, 2011; and
Whereas, The Dangerous Synthetic Drug Control Act of 2011 seeks to ban specific cannabimimetic and hallucinogenic agents used in synthetic drugs, such as herbal incense, by designating these narcotics as Schedule I controlled substances; and
Whereas, It is paramount to the safety of Americans that the United States Senate pass and the President sign the Dangerous Synthetic Drug Control Act of 2011 in order to criminalize the production, sale, and use of these products; now, therefore, be it
Resolved, That the Council of the City of New York calls on the United States Senate to pass and the President to sign the Dangerous Synthetic Drug Control Act of 2011, which would amend the Controlled Substances Act by banning synthetic cannabinoids commonly used in herbal incense.
WJH
LS 3277
3/7/12