HomeMy WebLinkAboutResolutions - 2010.06.09 - 10145*
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.
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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, the dangers associated with the ingestion and/or smoking of synthetic cannabinoids
and products containing synthetic cannabinoids have prompted other states. including Alabama.
Georgia, Illinois, Kentucky, Louisiana, Michigan, Missouri, and Tennesee, to consider banning
them: and
WHEREAS, the sale and possession of synthetic cannabinoids and products containing
synthetic cannabinoids present a serious health and safety danger to Oakland Counts
residents;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby enacts an ordinance prohibiting the sale, display for sale, and possession of synthetic
cannabinoids (including, but not limited to: JWH-018; JWH-073; JWH-081; JWH-133; JWH-200;
CP-55940; CP 47,497; CP 47.497-C6; CP 47,497-C7; CP 47,497-C8: CP 47,497-C9; HU-210;
HU-331; SRI 44528; WIN 55,212-2; dimethylhexyl, dimethyloctyl, dimethylnonyl,
4 I
dimethylheptylpyran; levonantradol; and any analogues and/or homologues of such synthetic
cannabinoids) anywhere in Oakland County; and
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 cannabinods (including, but not limited try JWH-018; JWH-073;
JWH-081; JWH-133; JWH-200; CP-55940; CP 47,497; CP 47,497-C6; CP 47,497-07; CP
47,497-C8; CP 47,497-C9; HU-210; HU-331; SR144528; WIN 55,212-2; dimethylhexyl,
dimethyloctyl. dimethylnonyl, dimethyiheptylpyran levonantradd; and any analogues and/or
homologues of such synthetic cannabinoids) anywhere in Oakland County; and
BE IT FURTHER RESOLVED that a first-time violation of this ordinance shall be a misdemeanor
punishable by a fine of up to $1,000 and/or a sentence of up to 90 days in jail, in the discretion of
the sentencing judge; and
BE IT FURTHER RESOLVED that a second or subsequent violation of this ordinance shall be a
misdemeanor punishable by a fine of up to $5,000 and/or a sentence of up to 1 year in jail, in the
discretion of the sentencing judge; and
BE IT FURTHER RESOLVED that this ordinance shall be immediately effective.
Chairperson, we move the adoption of the foregoing Resolution.
Sim? ‘7)611.4-4
Tim Greimel District 11 GR. McGillivray, District 2
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Resolution #10110 May 5, 2010
The Chairperson referred the resolution to the General Government Committee. There were no objections.
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Resolution #10110 June 9, 2010
Moved by Long supported by Greimel the resolution be adopted.
Discussion followed.
Moved by Long supported by Greimel the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Greimel supported by Schwartz to substitute a new resolution in place of the original resolution.
A sufficient majority having voted in favor, the substitution resolution was accepted.
Vote on resolution, as substituted:
AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott.
Taub, Woodward. Zack, Bullard, Burns. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as substituted. was adopted.
I HEREBY APPROVE THEY-EqEGOING RESOLUTION
ACTING PURSUANT TO 1973 PA 139
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I. Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 9, 2010, with
the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 9th day of June, 2010.
Gat
Ruth Johnson, County Clerk