HomeMy WebLinkAbout1986-01-13; City Council; 8860; Reporting Sale of Chemicals Controlled Substances.
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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effective and the ordinance automatically is repealed.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.
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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. •
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(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.
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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
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