Nov. 23, 2010
 
Syn marij
 
By Tony Rutherford
Huntingtonnews.net
 
Huntington, WV (HNN) – The proposed prohibition of synthetic marijuana within the city limits for sale to minors cleared a hurdle at the Monday, Nov. 22 Huntington City Council meeting.
 
Fielding various queries that Huntington might be jumping too soon on prohibiting synthetic marijuana, City Attorney Scott McClure stood firm on the city putting the brakes on the sale and smoking of the synthetic “high” inducing substance disguised as incense. No one objected to the concept of protecting children, rather, questions surfaced concerning possible state and our county wide bans.
 
Introduced by Scott Caserta, the councilman told of learning from kids that lethal smokes can be sold in retail stores without any age limitations. Marketed as incense, children and young people know the result of “smoking,” not “burning” these sticks induces a high similar to that from smoking pot.
 
“The kids knew it before I did,” Caserta said in plea to “take it off the streets” of the City of Huntington. The proposed ordinance now referred to council’s public safety committee likely would make unlawful sale of the product to anyone under 18. State Senator Evan Jenkins intends to initiate legislative action in January proposing a prohibition for all ages.
 
Mayor Kim Wolfe and Police Chief Skip Holbrook both favor the ordinance.
 
Not limited to these brands, the targeted product has names such as “K2,” “Spice,” “Serenity Now,” “Fire & Ice,” “Voodoo,” and “Green Horse.” Caserta suggested parents take aggressive in checking to see if their children have any of the synthetic weed which sells for about $35.
 
Sally Oxley, President of the Cabell County Board of Education, attended the Monday , Nov.22 council meeting to lend her personal support and that of the Board. Oxley explained that Cabell County schools already have a rule banning the substance, which cannot be spotted from a urine drug test.
 
Ms. Oxley declined to “quantify” the number of incidents in the schools. She alluded, though, that two or three events involving the synthetic pot triggered the schools to adopt a rule prohibiting it.
 
One of the incidents came from a student having used it at home and came to school where “an adverse reaction” occurred resulting in a trip to the ER for the student.
 
Terming abuse of the intoxicating drug in schools as “not prevalent,” Oxley asked that council make the ordinance a priority.
 
Councilman Nate Randolph supported the ordinance yet questioned it’s impact.
 
“Five minutes away it’s still legally for sale [either in Cabell County or Ohio],” Randolph stated suggesting that in lieu of statewide legislation that council encourage other states, counties and municipalities to adopt a ban.
 
McClure tentatively foresaw no legal stumbling blocks as the item would be regulated as a “public safety issue.” He continued, “a reasonable argument can be made under authority to protect health and safety you can enact certain ordinances. I think there’s authority… we’ll do whatever is best and legal.
 
Countering a contention that the state does not ban the synthetic drug, McClure opined there’s no reason to wait for the state to catch up.
 
“We’ll do some vetting in the public safety committee, but as Councilman Caserta we have laws that the state has not done,” citing rubbish, drug paraphernalia curfews, contraband, and dogs regulation as city laws without a state companion.
 
“The state gives the cities authority to make laws on public safety and health,” McClure said.



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