The City Council makes the following findings:
(A) T.C.A. § 39-17-438 pertaining to substances generally known as "synthetic marijuana" and T.C.A. § 39-17-452 pertaining to substances generally known as "bath salts" govern certain actions regarding the substances listed in those statutes and certain synthetic derivatives or analogues of compounds listed therein, but the board has been informed that the chemical makeup of these synthetic drugs is or can be changed to avoid using the listed substances, while providing the same effect and detrimental health risk, making enforcement of such statutes difficult and ineffective.
(B) Synthetic marijuana and "bath salts" are being manufactured in a way to avoid the application of existing state and federal laws.
(C) Studies have indicated that synthetic marijuana usage includes the dangers associated with using natural marijuana, with additional danger to the public health due, in part, to the unknown nature of any long term effects of this synthetically created substance.
(D) The Council finds that synthetic marijuana (synthetic cannabinoids) or compounds that emulate or simulate the effects of synthetic cannabinoids through chemical changes such as the addition, subtraction or rearranging of a radical or the addition, subtraction or rearranging of a substituent have been developed such that it can create similar hallucinogenic qualities to natural marijuana and such items are now being possessed, distributed, and sold in the city.
(E) The Council finds a manufactured product known as "bath salts", "plant food", "fake bath salts", "fake fertilizer", and/or "fake insect repellant" has been developed, and that compounds that emulate or simulate the effects of such synthetic derivatives or analogues of cathinone or methcathinone or the derivatives or analogues of the chemicals or compounds listed in T.C.A. § 39-17-452 through chemical changes such as the addition, subtraction or rearranging of a radical or the addition, subtraction or rearranging of a substituent have been developed and are now being possessed, distributed, and sold in the city and the usage of these compounds have effects similar to methamphetamine.
(F) The 2011 edition of the U. S. Drug Enforcement Administration's "Drugs of Abuse: A DEA Resource Guide," designates bath salts as a drug of concern which poses risks to users.
(G) The use of these types of compounds can be extremely addictive, and are not currently detectable by drug testing procedures commonly used in the workplace.
(H) The use of synthetic marijuana or "bath salts", even with the change in chemical compounds, creates a danger to the health and safety of the public, and to protect the health and welfare of the public it is necessary to prohibit the use, sale, possession and distribution of said compounds, not otherwise controlled by state or federal law.
(I) Pursuant to the Crossville City Charter the city has the authority to license and regulate all persons, firms, corporations, companies and associations engaged in any business, occupation, calling, profession or trade not prohibited by law; to define and prohibit, abate, suppress, prevent and regulate all acts, practices, conduct, business, auctions, occupations, callings, trades, uses of property and all other things whatsoever detrimental or liable to be detrimental to the health, morals, comfort, safety, convenience or welfare of the inhabitants of the city and to exercise general police powers; to prescribe limits within which business occupations and practices liable to be nuisances or detrimental to the health, morals, security or general welfare of people may lawfully be established, conducted or maintained.
(J) The use, possession, production, manufacture, distribution, transporting, selling, offer for sale, trading, bartering, exchanging or purchase of the substances addressed herein is detrimental to the health, safety, or welfare of the inhabitants of the city, and absent action by board such activity is currently lawful in the city, and to protect the health, safety or welfare of the inhabitants of the city such activity should be made unlawful.
(Ord. 1341, passed 2-7-2012)