* REPORT (MISC. 110110) June 9, 2010 BY: GENERAL GOVERNMENT COMMITTEE — Christine Long, Chairperson RE: MR #10110 — BOARD OF COMMISSIONERS — RESOLUTION AND ORDINANCE BANNING THE SALE, DISPLAY FOR SALE AND POSSESSION OF SYNTHETIC CANNABINOIDS IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson. Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on May 24, 2010, hereby recommends that the resolution be amendments as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby enacts an ordinance prohibiting the sale, display for safe, and possession of synthetic cannabinaids (including, but not limited to: JWH-018, ANH-073; JWH-081: MI-1-133; JWH-200; CP-55940; CF 47,497; CF 47,497-C6; CP 47,497-07; CF 47,497-08; CP 47,497-09; HU-210; HU-331; SR144528; WIN 65,212-2; dirnethylhexyl, dirnethyloctyl, dimethylnonyl, dimethylheptylpyran; levonantradoi; and any analogues and/or homologues of such synthetic cannabinoids) anywhere in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby enacts an ordinance prohibiting the sale, display for sale. and possession of any products or substances containing synthetic cannabinoids (including, but not limited to: JVVH-018; A/VH-073, JVVH-081; JW1-1-133; JVVH-200; CP- 55940; CF 47,497; CF 47,497-CS; OP 47,497-07; OP 47,497-C8; CF 47,497-C9; HU-210; HU-331; SR144528; WIN 55,212-2; dimethylhexyl, dirnethyloctyl. dimethylnonyl, dimethylheptylpyran; levonantradol; and any analogues and/or homologues of such synthetic cannabinoids) anywhere in Oakland County. BE IT FURTHER RESOLVED that a first-time violation of this ordinance shall be a misdemeanor punishable by a fine of up to 64,000 $500 and/or a sentence of up to 90- 93 days in jail, in the discretion of the sentencing judge. BE 4.T FU- IR ' — 9 9 - -= e•T 2 -subsequerit-A/401atio-ri-of-th-is-ordinanse shall be a mieciereea-nerfon-isbable-by-a-fi-rie-ef-up-to-$5 7000-andlora-sentenceof-up-ts-1-year-ieja-i114n-the4sar-etion-of tbe-sentenoirlg-j-udge-, BE IT FURTHER RESOLVED that this ordinance shall be immediately effective once notice of the adoption of it is published in a newspaper of general circulation in Oakland County, as required by MCI_ 46.110). BE IT FURTHER RESOLVED that this matter be referred to Corporation Counsel to draft an ordinance in accordance with the resolution. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE Motion carried on a roll call vote with Schwartz absent. 0 MISCELLANEOUS RESOLUTION #10110 (SITBsTITUTED) BY: Commissioner Tim Greimel, District #11, and Commissioner Gary McGillivray, District #24 IN RE: BOARD OF COMMISSIONERS — RESOLUTION REQUESTING THAT THE OAKLAND COUNTY HEALTH DEPARTMENT INVESTIGATE THE POSSIBILITY OF RESTRICTING THE SALE, DISPLAY FOR SALE, AND/OR POSSESSION OF SYNTHETIC CANNABINOIDS IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS synthetic cannabinoids and products containing synthetic cannabinoids are currently legal under Michigan law: and WHEREAS synthetic cannabinoids are designed to mimic the effects of tetrahydrocannabinol (THC), the main psychoactive substance found in the cannabis plant and in products derived from the cannabis plant: and WHEREAS synthetic cannabinoids and products containing synthetic cannabinoids, such as those marketed under the names K2, Spice, Blonde, Summit, Standard, Citron, Genie, &tel. and Fire and Ice, are often more potent than TI-IC; and WHEREAS it is increasingly common for individuals to ingest and/or smoke synthetic cannabinoids and products containing synthetic cannabinoids for recreational purposes; and WHEREAS the ingestion and/or smoking of synthetic cannabinoids and products containing synthetic cannabinoids may be more dangerous than the ingestion and/or smoking of THC, which is generally illicit in the United States; and WHEREAS the ingestion and/or smoking of synthetic cannabinolds and products containing synthetic cannabinoicis have been reported to cause paralysis and loss of pain sensation in rats; and WHEREAS the ingestion and/or smoking of synthetic nannabinoids and products containing synthetic cannabinoids have been reported to cause elevated heart rates, increased anxiety, elevated blood pressure, vomiting, hallucinations, and even seizures in human beings; and WHEREAS the health dangers associated with the ingestion and/or smoking of synthetic cannabinoids and products containing synthetic cannabinoids have prompted the banning and/or strict regulation of some or all cannabinoids in the following jurisdictions: the counties of St. Charles and Pettis in Missouri, the state of Kansas, and the countries of Austria, Belarus, Estonia, Finland, France, Germany, Latvia, Poland, Romania, Russia, South Korea, Sweden. Switzerland, and the United Kingdom; and WHEREAS the health dangers associated with the ingestion and/or smoking of synthetic cannabinoids and products containing synthetic cannabinoids have prompted a number of states, including Alabama, Georgia, Illinois, Kentucky, Louisiana, Michigan, Missouri, and Tennesee, to consider banning them; and WHEREAS the Oakland County Association of Chiefs of Police has cited the health dangers associated with the ingestion and/or smoking of synthetic cannabinoids and products containing synthetic cannabinoids and has called for them to be regulated as controlled substances; and WHEREAS the sale and possession of synthetic cannabinoids and products containing synthetic cannabinoids present a serious health and safety danger to Oakland County's residents; and WHEREAS there is some question as to whether non-charter counties in the State of Michigan have the legal authority to enact an ordinance banning synthetic cannabinolds, but it is well established that county health departments have the authority to propose regulations, subject to approval by boards of commissioners, necessary to protect the health of county residents. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby requests that the Oakland County Health Department investigate the possible restriction of the sale, display for sale, and/or possession of synthetic cannabinoids in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests that the Oakland County Health Department report the conclusions of its investigation to the Oakland County Board of Commissioners and/or to one of its committees no later than September 1, 2010. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that, if the Oakland County Health Department deems it appropriate and advisable, the Oakland County Health Department draft a proposed regulation on this subject and present it to the Oakland County Board of Commissioners for approval in accordance with MCL 333.2441 and MCL 333.3442. Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, GARY McGILLIVRAY, DAVID WOODWARD, ERIC COLEMAN. DAVID COULTER, SUE ANN DOUGLAS, JANET JACKSON. HELAINE ZACK, JIM NASH, SHELLEY TAUB, DAVID POTTS • Miscellaneous Resolution # 10110 (ORIGINAL) BY: Commissioner Tim Greimel, District #11, and Commissioner Gary McGillivray, District #24 RE: Board of Commissioners — Resolution and Ordinance Banning the Sale, Display for_ Sale, and Possession of Synthetic Cannabinoids in Oakland County TO Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, synthetic cannabinoids and products containing synthetic cannabinoids are currently legal under Michigan law; and WHEREAS, synthetic cannabinoids are designed to mimic the effects of tetrahydrocannabinol (TI-IC), the main psychoactive substance found in the cannabis plant and in products derived from the cannabis plant; and WHEREAS, synthetic cannabinolds and products containing synthetic cannabinoids. such as those marketed under the names K2, Spice. Blonde, Summit, Standarl. Citron. Genie. Zohai, and Fire and ice, are often more potent than T1-IC; and WHEREAS. it is increasingly common for individuals to ingest and/or smoke synthetic cannabinoids and products containing synthetic cannabinoids for recreational purposes; and WHEREAS, the ingestion and/or smoking of synthetic cannabinoids and products containing synthetic cannabinoids may be more dangerous than the ingestion and/or smoking of THC, which is generally illicit in the United States; and WHEREAS. the ingestion and/or smoking of synthetic cannabinolds and products containing synthetic cannabinoids have been reported to cause paralysis and loss of pain sensation in rats: and WHEREAS, the ingestion and/or smoking of synthetic cannabinoids and products containing synthetic cannabinoids have been reported to cause elevated heart rates, increased anxiety, elevated blood pressure, vomiting, hallucinations, and even seizures in human beings; and WHEREAS, the dangers associated with the ingestion and/or smoking of synthetic cannabinoids and products containing synthetic cannabinoids have prompted the banning and/or strict regulation of some or all cannabinoids in the following jurisdictions: the counties of St. Charles and Pettis in Missouri, the state of Kansas, and the countries of Austria, Belarus, Estonia, Finland, France. Germany. Latvia, Poland, Romania, Russia, South Korea, Sweden. Switzerland, and the United Kingdom; and WHEREAS,