Dec. 1, 2010
Synthetic Marijuana Ban Receives Accelerated Consideration
By Tony Rutherford
Huntingtonnews.net Reporter
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Huntington, WV (HNN) – Councilman Scott Caserta entered a Public Safety Committee meeting as sponsor of a proposed ordinance prohibiting synthetic marijuana in Huntington. At the start of the meeting, he anticipated that due to a recent Drug Enforcement Administration decision, his ordinance was moot.
That was before State Sen. Evan Jenkins gave his “all hands on deck” call to action.
Since first introduced, the DEA started the 30 day clock ticking that would eventually ban five chemicals used in the making of the so-called herbal incense that teens smoke as synthetic marijuana. The federal prohibition would last twelve months while the DEA determines whether the chemicals in the product should be permanently controlled.
Sen. Jenkins admitted that likely the West Virginia legislature will pass a state statute, but, the legislative process likely would not bring about actual enforcement until June.
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Urging council to go forward , Jenkins stressed, “this is an all hands on deck attack on public safety targeting our children.” Addressing the lack of a state law , Jenkins encouraged Huntington to “push the envelope,” despite possible gray legal areas. Eleven states in 2010 have passed a band and three have prohibited the sale of synthetic cocaine.”
Downplaying possible overlapping components, Jenkins stated, “it would be wonderful to have a municipal, county , state and federal law.”
Earlier, Cabell County Sheriff Tommy McComas told the committee, “If [Huntington] enacts [the synthetic marijuana ordinance] then county will adopt a similar ordinance.” However, he cautioned that “you can go a few steps across the Ohio River,” where it would not be illegal. Kentucky has already enacted a prohibition; therefore pursuit of a similar law in adjoining counties would be justified.
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Del. Don Perdue encouraged council to add a synthetic cocaine ban, too. Explaining that the DEA has yet to begin and inquiry into the ingredients of synthetic cocaine which is marketed as bath salts, Perdue conveyed that the timeline to enforcement is critical considering the health of children is at risk.
Councilman Nate Randolph surmised that “stopping the supply” by the ordinance would curtail stockpiling efforts.
Huntington Police Chief Skip Holbrook asked the committee to add “possession” to the ordinance so that law enforcement could “seize” the item whether “by taking it off shelves or out of hands.” By broadening the ordinance, Holbrook explained it will curtail use of the substance since people would not be able to make a legal purchase outside of the city or county.
Caserta found the feedback from Sen. Jankins, Del. Perdue and Sheriff McComas “reinvigorating,” suggesting that the committee address the problem.
Councilmen Steve Williams and Mark Bates echoed the ‘full steam ahead” approach. Williams suggested a special call to vote on the synthetic marijuana ban and for the first reading of the ban on synthetic cocaine.
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Public notice requirements would likely mean a Dec. 9 or 10 special meeting date for the vote on synthetic marijuana and a vote on synthetic coke at the regular Dec. 13 meeting of council.
Expediting the passage of the currently worded ordinance would not contain the possession ban. Amending it now would force a third reading and a delay. Instead, council expressed its interest in passing the ordinance as is, then, revisiting the matter by adding the “possession” and “seizure” options.
As for the gray area of enforcement, city attorney Scott McClure carefully chose his advice. Since the meeting was public and televised, the attorney told committee members that he must look out for potential city liability, acknowledging current litigation concerning the city’s ban on drug paraphernalia, “It’s not fool proof,” McClure said of the synthetic marijuana and/or synthetic coke ordinances, but I’m comfortable with any possible challenge.”
Councilman Randolph resounded, “I think we can call their bluff.”
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Synthetic Marijuana Ban Receives Accelerated Consideration
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Councilman Scott Caserta entered a Public Safety Committee meeting as sponsor of a proposed ordinance prohibiting synthetic marijuana in Huntington. At the start of the meeting, he anticipated that due to a recent Drug Enforcement Administration decision, his ordinance was moot.
That was before State Sen. Evan Jenkins gave his “all hands on deck” call to action.
Since first introduced, the DEA started the 30 day clock ticking that would eventually ban five chemicals used in the making of the so-called herbal incense that teens smoke as synthetic marijuana. The federal prohibition would last twelve months while the DEA determines whether the chemicals in the product should be permanently controlled.
Sen. Jenkins admitted that likely the West Virginia legislature will pass a state statute, but, the legislative process likely would not bring about actual enforcement until June.
Urging council to go forward , Jenkins stressed, “this is an all hands on deck attack on public safety targeting our children.” Addressing the lack of a state law , Jenkins encouraged Huntington to “push the envelope,” despite possible gray legal areas. Eleven states in 2010 have passed a band and three have prohibited the sale of synthetic cocaine.”
Downplaying possible overlapping components, Jenkins stated, “it would be wonderful to have a municipal, county , state and federal law.”
Earlier, Cabell County Sheriff Tommy McComas told the committee, “If [Huntington] enacts [the synthetic marijuana ordinance] then county will adopt a similar ordinance.” However, he cautioned that “you can go a few steps across the Ohio River,” where it would not be illegal. Kentucky has already enacted a prohibition; therefore pursuit of a similar law in adjoining counties would be justified.
Del. Don Perdue encouraged council to add a synthetic cocaine ban, too. Explaining that the DEA has yet to begin and inquiry into the ingredients of synthetic cocaine which is marketed as bath salts, Perdue conveyed that the timeline to enforcement is critical considering the health of children is at risk.
Councilman Nate Randolph surmised that “stopping the supply” by the ordinance would curtail stockpiling efforts.
Huntington Police Chief Skip Holbrook asked the committee to add “possession” to the ordinance so that law enforcement could “seize” the item whether “by taking it off shelves or out of hands.” By broadening the ordinance, Holbrook explained it will curtail use of the substance since people would not be able to make a legal purchase outside of the city or county.
Caserta found the feedback from Sen. Jankins, Del. Perdue and Sheriff McComas “reinvigorating,” suggesting that the committee address the problem.
Councilmen Steve Williams and Mark Bates echoed the ‘full steam ahead” approach. Williams suggested a special call to vote on the synthetic marijuana ban and for the first reading of the ban on synthetic cocaine.
Public notice requirements would likely mean a Dec. 9 or 10 special meeting date for the vote on synthetic marijuana and a vote on synthetic coke at the regular Dec. 13 meeting of council.
Expediting the passage of the currently worded ordinance would not contain the possession ban. Amending it now would force a third reading and a delay. Instead, council expressed its interest in passing the ordinance as is, then, revisiting the matter by adding the “possession” and “seizure” options.
As for the gray area of enforcement, city attorney Scott McClure carefully chose his advice. Since the meeting was public and televised, the attorney told committee members that he must look out for potential city liability, acknowledging current litigation concerning the city’s ban on drug paraphernalia, “It’s not fool proof,” McClure said of the synthetic marijuana and/or synthetic coke ordinances, but I’m comfortable with any possible challenge.”
Councilman Randolph resounded, “I think we can call their bluff.”
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