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HomeMy WebLinkAbout1986-01-13; City Council; 8860; Reporting Sale of Chemicals Controlled Substances. CX) 0 ,, N •: ('"). . 0 z . "Cl ~ 0 'tl Q) ;J ::, 'tl 0 µ µ r.: •rl j =r-1 '" 0 s:: ::, 0 u r-- <=> I ('") r-1 I r-1 0 l.lJ ~ 0::: C. a. <( z 0 ~ .J u z ::, 8 .,..,,.,, CiT~,,.;-~F CARLSBAD -AGEND~91LL /;'l,-.t.... AB# ?tf'"ft, c, MTG. 1/13/86 DEPT._P0_L __ TITLE: ORDINANCE TO ESTABLISH REPORTING REQUIREMENTS RELATING TO THE SALE OF CHEMICAL~ USED IN PRODUCING CONTROLLED SUBSTANCES DEPT. HD.~- CITYATTY~- CITY MGR. cfaf.-, RECOMMENDED ACTION: I..,troduce Ordin,ance NoJ~Di' establishing reportin.g'requirements relating to the sale of chemicals use(in producing controlled subsfflnces. ITEM EXPLANATION: San Diego County is rapidly becoming a center for the manufacture and distribution of controlled substances; principally methamphetamine. Forty-three methamphetamine laboratories were found in 1985; 100 in 1986. Fifteen thousand grams of metham- phetamines were seized in 1984; 110,000 grams in the first six months of 1986. Sales of the chemicals used in the manufacture of illegal drugs is unregulated and will continue to be until October 1, 1987, when state legislation becomes effective. This ordinance is patterned after a recently adopted county ordinance and will require all sales of certain enumerated chemicals to be reported to the police department as well as requiring sellers to identify purchasers of the chemicals. The ordinance is designed to ccver the period between now and October 1, 1987, when state law is effective and the ordinance automatically is repealed. FISCAL IMPACT: None. No additional staff or iridirect costs are anticipated . EXHIBITS: 1. Ordinance No.3;? oY. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 3208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 8.51 RELATING TO ~HE SALE OF CHEMICALS USED IN PRODUCING CONTROLLED SUBSTANCES. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 8 of the Carlsbad Municipal Code is amended by the addition of Chapter 8.51 to read as follows: Sections 8.51.010 8.51.020 Chapter 8.51 REPORTING SALE OF CHEMICALS Reporting sale of chemicals. Effective dates. 8.51.010 Re ortinq sale of chemicals. (a Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to any person in the incorporated area of the City of Carlsbad shall subroit a report to the Chief of Police of all of those transactions: (1) Ephedrine (2) Pseudoephedrine (3) Norpseudoephedrine (4) Phenylpropanolamine (5) Ether (6) Hydriotic Acid (b)(l) Any manufacturer, wholesaler, retailer, or other person shall, prior to selling, transferring, or otherwise furnishing any substance specified in subdivision (a) to a person in the incorporated area of the City of Carlsbad require proper identification from the purchaser. (2) For purposes of this chapter, "proper identification" means a motor vehicle opera tor's 1 ~.cense or other official state-issued identification of the purchas~r which contains a photograph of the purchaser, and includes the residential or mailing address of the purchaser. other than a 1,>ost office box number, the motor vehicle license number of any mot·. vehicle owned or operated by the purchaser, a letter of autoorization from the business for which any substance specified in subsection (a) is being furnished, which includes the business license number and address of the business, a full description of how the substance is to be used, and the signat·1t.e of the purchaser. The person selling, transf~~ring, or otherwise furnishina any substance specified in ~ubsection (a) shall affix his or her signature as a witness to the signature and identification of the purchaser. • l 2 3 4 5 6 7 8 9 10 ll 12 19 20 21 22 23 24 25 26 27 28 (3) A violation of this Chapter is a misdemeanor. (c) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes the substance specified in subsection (a) to a person in the incorporated area of the City of Carlsbad shall, not less than 21 days prior to delivery of the substance, submit a report of the transaction, which includes the identification information specified in subsectoin (b), to the Chief of Police. However, the Chief of Police may authorize the submission of the reports on a monthly basis with respect to repeated, regular transactions between the furnisher and the recipient involving the same substance if the Chief of Police determines that either of the following exist: (1) A pattern of regular supply of the substance exists betwe~n the manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes such substance and the recipient of the substance. (2) The recipient has established a record of utilization of the substance for lawful purposes. (d) This section shall not apply to any of the following: (1) Any pharmacist or other authorized ~erson who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist or veterinarian. (2) Any physician, dentist, podiatrist, or veterinarian who administers or furnishes a substance to his or her patients. (3) Any manufacturer or wholesaler licensed by the California State Board of Pharmacy who sells, transfers, or otherwise furnishes a substance to a licensed pharmacy, physician, dentist, podiatrist, or veterinar5.an. (4) Sales consistent with federal law of any proprietary product containing subtances listed in paragraphs ( 1) , ( 2) , ( 3) , or ( 4) of subsection (a) . (e)(l} Any person specified in subsection (c) who does not submit a report as required by that subsection or who knowingly submits a report with false or fictitious information shall be punished by imprisonment in the county jail not exceeding six months or by a fine not exceeding five thousand dollars ($5,000.00) or by both the fine and imprisonment. (2) Any person specified in subsection (c) who has previously been convicted of a violation of paragraph (1) shall, upon a subsequent conviction thereof, be punished by imprisonment in the county jail not exceeding one year, or by a fine not exceeding one hundred thousand dollars ($100,000.00), or by both the fine and imprisonment. ... ... ... ... -2- ' j . t J. 2 3 4 5 6 7 8 9 10 11 12 19 20 21 22 23 24 25 26 27 28 8.51.020 Effective dates. This chapter shall remain operative until October 1, 1987, and on that date is automatically repealed and is of no further force and effect. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Jour.nal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 13th day of January and thereafter , 1987 PASSED AND ADOPTED at a regular meeting of said City Council held on the 27th day of __;:J;.=:a:.::n~u;::;ar=-y.__ ____ , 19 87 by the following vote, to wit: ATTEST: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOEiS: None ABSENT: None FOlM AND LEGALITY ~J. Clerk ..,____