10533-17 Amending Chapter 13, Article 5, Section 13-75.5 of the South Bend Municipal Code to add dealing in a synthetic drug lokaliek substance to the list of prohibited activites constituting a disorderly house

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SECOND SUB. BILL NO. 46-17 ORDINANCE NO. 105,33 w FI AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 5, SECTION 13-75.5 OF THE SOUTH BEND MUNICIPAL CODE TO ADD DEALING IN A SYNTHETIC DRUG LOOKALIKE SUBSTANCE TO THE LIST OF PROHIBITED ACTIVITIES CONSTITUTING A DISORDERLY HOUSE STATEMENT OF PURPOSE AND INTENT The recent proliferation within the South Bend community of products and synthetic look alike substances, specifically those used as alternatives to marijuana has resulted in death and severe injury to persons of all ages, and with greater frequency in young males. Synthetic cannabinoids, known generally as "cannabimimetic agents" under the federal Synthetic Drug Abuse Prevention Act 21 U.S.C. 812(d) (1), "are deceptively dangerous, and their effects far more devastating than natural, plant forms of cannabis." Known short term effects include mental alteration including hallucinations, agitation, psychosis, aggression, suicidal, homicidal ideation, as well as physical effects such as acute kidney injury. The long-term effects of these substances are yet unknown. In 2014 the State of Indiana created a new category of "synthetic drug lookalike substances" to distinguish them from "synthetic drugs," the possession, possession with intent to deliver or with intent to finance the delivery of, the manufacture, delivery, or finance with intent to deliver are all illegal under Ind. Code §35-48-4-11.5 and under IC 35-48-4-10.5. Synthetic cannabinoids would be included under this broader category of synthetic drug look alike substances. Definition at IC 35-31.5-2-321.5. Protection of the community and youth of the City of South Bend from the harsh, devastating effects of these substances should be undertaken to the highest extent reasonably possible under law. This ordinance is intended to address the dangers to the community posed by synthetic cannabinoids and similar synthetic drug lookalike substances through civil penalty and enforcement under the City's existing Disorderly House ordinance. This ordinance effectuates the desired specific inclusion of a "synthetic drug lookalike substance" within the definition of violations constituting disorderly houses, and is in the best interest of the City of South Bend. Page 1