Council Bans Designer Drugs

Police posed to quickly enforce ‘emergency’ ordinance adopted by Payson council

Spice

Spice Photo by Andy Towle. |

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The Payson Police Department will move immediately to block the sale of “spice” and other synthetic drugs in accordance with an emergency ordinance adopted Thursday night by the town council, said Police Chief Don Engler.

Engler asked the town council to include an emergency clause in the adoption of an ordinance banning the sale of “intentionally misused” products, so he would not have to wait the normal 30 days before moving to enforce the new law.

Engler said he would immediately send letters to the One Stop on Highway 87, Payson Marketplace across from the bowling alley and Wear This between Safeway and Radio Shack, the three outlets in town now selling the synthetic drugs.

“We have checked all three locations and they continue to sell them,” Engler told the council Thursday night.

The letter will warn the businesses that the new law will take effect in 30 days and that it applies to several products labeled “not for human consumption” that have become popular recreational drugs.

The town’s ordinance focuses on the intentions of the merchant rather than the components of the packets.

“We’re trying something I’m unaware of anyone else trying,” said Payson Town Attorney Tim Wright, “but we have to do something.”

The mixtures contain things like a synthetic version of the active compound in marijuana thought to produce the characteristic high. The packet’s labeling helps the sellers evade regulations on products with no other purpose than getting high.

Residents have picketed several of the places in Payson and Pine that sell the small packets of synthetic drugs. Some outlets stopped stocking the packets after the picketers showed up, but three outlets in Payson continue to stock the drugs, said Engler.

Critics say that no one really knows the side effects of regular use of the unregulated packets of synthetic drugs. One Payson teen recently passed out in a local store after consuming “spice.” He recovered and paramedics took him to the hospital for a checkup. Police say they have collected reports of bizarre behavior after teens use the drugs.

The state Legislature this session quickly adopted a law banning some of the mixtures, but Wright said the drug makers could evade such content-based laws by simply changing the mix of ingredients.

The Payson ordinance adopted unanimously Thursday night would instead focus on the intent of the seller, which means it could ban a wide variety of synthetic drugs even if the actual mix of chemicals and compounds varies.

The ordinance prohibits the sale, display or possession for sale of “products intentionally misused for obtaining a high, hallucinogenic, psychoactive, psychotropic or mind-altering effect.”

That would include designer drugs being sold under the names “bath salts” and “potpourri.”

To justify the council’s legal authority to adopt an ordinance that would normally fall under the responsibility of agencies such as the state Legislature, Congress, the Drug Enforcement Administration or the Federal Food and Drug Administration, the authorizing resolution cited a town’s legal authority to adopt laws to prevent or suppress disease, regulate markets and marketplaces and ensure order.

The new ordinance defined “intentional misuse” of a product as the “consumption, ingestion, smoking or other introduction into the human body for the purpose of obtaining a high, hallucinogenic, psychoactive, psychotropic or other mind-altering effects.

The ordinance also tackled the potentially tricky question of proving whether a store owner actually knows people “intentionally misuse” a given product.

The law stated “if an employee of the federal, state, county or local government acting in his/her official capacity provides a person with information documenting the common intentional misuse of a product, such person shall be deemed to know or have reason to know of the common intentional misuse of the product.”

Wright said the ordinance will give the police department a legal basis on which to act.

“It keeps getting on the front page of the newspaper — so it seems like something should happen,” said Wright.

Comments

Dan Haapala 2 years, 1 month ago

You cannot make stupid illegal. Take this statement... “if an employee of the federal, state, county or local government acting in his/her official capacity provides a person with information documenting the common intentional misuse of a product, such person shall be deemed to know or have reason to know of the common intentional misuse of the product.” The following questions arise. 1.) Is a paper plate intended to be used as a plate? If I don't use it as a plate but use it as a frisbee or a fire starter, am I in violation of the law? What about wooden matches? The intended use is to strike a flame and start a fire. What if I use them to build a model home and ranch site? Am I in violation? These may seem silly examples but the problem comes when government tries to control human behaviour and the truth is the government doesn't have the right to tell us not to be stupid. I would rather these temptations were not in our community. I would appreciate it if parents informed their offspring of the dangers of these temptations. The problem comes down to this. As a rational adult I can buy pottpouri and put it on my counter and enjoy the fragrance. As a stupid adult I can say...:what happens if I injest it?' Again, you can't legislate stupid. Glue was never meant to be sniffed. Spray paint was never intended to be graffitti. If some poor misinformed idiot, finds that legal products can make them a total incompetant, incapable of interacting in a normal world....I say let nature takes it's course and rid us of an abstract member of the gene pool. I know...What about the A..hole that knows what the product is going to be used for and sells it because there is no law against it. ....No law will help, hit them where it hurts. Protest and boycott, the pocketbook will determine the result you want.

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