ABQ Council to Consider Anti-Spice Bill

City Councilor Debbie O’Malley plans to introduce legislation Monday aimed at helping police crack down on businesses that sell “spice,” the fake marijuana drug.

Under her proposal, police could issue a cease-and-desist order and seize spice from businesses that sell it, and the business could be closed for second violation. Its license could be suspended on a third violation.

O’Malley’s press release is below. The bill isn’t expected to be acted on Monday, but it will be introduced and likely referred to a committee.

COUNCILOR O’MALLEY INTRODUCES ANTI “SPICE” LEGISLATION

At Monday’s City Council Meeting, Councilor Debbie O’Malley will introduce legislation that will give law enforcement a stronger tool in their efforts to deter the sale and distribution of the dangerous substance commonly known as “Spice.”
The proposed legislation is an innovative civil remedial approach to the problem. “I’m not attacking this problem at the consumer level,” said Councilor O’Malley. “We need to go after the retail outlets that profit from the sale of this product with little or no regard for public safety.”

Under this new “Spice Ordinance,” if a laboratory test shows that a business is selling this product, the police can issue a cease and desist order and seize the entire Spice inventory.

If the business receives a second cease and desist order within five years from the receipt of the first cease and desist order, the City will close the business for three days, inspect the premises and seize and destroy the Spice or any relabeled, repackaged or re-incorporated Spice substances.

On the third violation, the City will not renew the business license for a period of one year from the date of the receipt of the third violation.

“My concern is primarily for the health and welfare of the young adults and children who are being exposed to this dangerous substance because of easy access,” said Councilor O’Malley.

Although Spice is openly solicited as a product that when smoked causes a marijuana-like high, Spice is not marijuana. Research and anecdotal reports show that Spice produces dangerous symptoms not normally associated with marijuana. Also, Spice is often combined with other toxic substances.

Emergency room physicians report that users of these products experience serious side effects, including convulsions, anxiety, dangerously elevated heart rates, increased blood pressure, vomiting, and disorientation.
According to February 8, 2012 data from the American Association of Poison Control Centers, in one year there has been a greater than two-fold increase in the number of calls about exposure to Spice.

This legislation is the product of meetings and conversations with Albuquerque Police Department representatives – including the Chief of Police –  as well as the City Attorney’s Office, over the last several months.