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- Abuse of intoxicating chemical substances is now forbidden by city and county ordinance
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By Myrna Trauntvein
Times-News Correspondent
Both Juab County and Nephi City now have an ordinance forbidding the abuse of intoxicating chemical substances.
The ordinances were both designated to become law immediately upon publication.
County commissioners enacted their ordinance on Monday and the city council enacted theirs on Tuesday.
Utah state legislators plan to address state spice regulations next season. Spice, the incense laced with synthetic cannabionoids or other chemicals, is being sold at City council members unanimously passed the ordinance making the use of synthetic hallucinogens, commonly called "Spice," illegal in the city. That was done because the use, particularly amount high school age, has increased in Nephi City and the state has not yet made distribution, possession, use, abuse or sale of such substances illegal.
"My experience in the field is that the abuse of intoxicating chemical substances is a very big issue," said Justin Seely, council member, who works with juveniles in the court system. "It continues to be a bigger and bigger problem."
Because of his experience with youth who are abusing synthetic and other chemical substances to get a high by becoming intoxicated by a drug, he recommended the council adopt the ordinance.
The ordinance makes the distribution, possession, use, abuse or sale of intoxicating chemical substances a class B misdemeanor. A class-B misdemeanor is punishable by up to six months in jail and a fine of up to $1,000.
Robert Painter, council member, who is a former county sheriff, questioned whether that penalty was serious enough.
"That makes the penalty the same as alcohol abuse," he said.
Seely said that the abuse of such drugs was considered a Control Level II.
The Controlled Substances Act (CSA) was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain substances is regulated.
The CSA created five schedules (classifications), with varying qualifications for a substance to be included in each. Classification decisions are required to be made on criteria including potential for abuse.
Mark Jones, mayor, said the council could amend the ordinance if they found that the penalty needed to be stiffened after it was put into practice.
Denton Hatch, city civil attorney, prepared the ordinance so that it fit with the language and style of other ordinances used in the city.
"It is amazing how many possibilities of substance abuse can be thought of," said Hatch. "The list is growing all of the time."
For that reason, the ordinance identifies an intoxicating chemical substance as: "any herbal or plant material, incense or similar substance containing one or more of the following chemical compounds or their analogs or homologues (listed). . . any other chemical substance capable of causing a condition of intoxication, inebriation, stupefaction, or the dulling of the brain or nervous system as a result of the inhalation or ingestion of the chemical substance itself or the fumes or vapors of such chemical substance."
A person is guilty of distribution, possession, use, abuse or sale of intoxicating chemical substances if it is done for the purpose of causing a condition of intoxication, inebriation, stupefaction, or the dulling of his or her brain or nervous system if he or she recklessly smells, inhales the fumes of, or otherwise ingests any intoxicating chemical substance or possess, purchases, or attempts to possess or purchase any intoxicating chemical substance.
"The ordinance is pretty broad," said Brent Bowles, council member. "Gasoline is used as an inhalant, are those types of inhalants included?"
Hatch said that the ordinance was left broad so that, as new chemicals, fumes and vapors are abused they can be addressed.
Donald Ball, citizen, said that the intent was that someone selling such illegal substances at Juab High School could be found to be illegally distributing the substance.
"Those selling gasoline at 7-11 are not selling with that intent," said Ball. "The gasoline could be used to run a vehicle or a motor."
The person buying it may misuse it by inhaling it but that is not the intent of the person running the station or making the sale.
Spice is also currently regulated in Utah based on its intended use, not actual use. Despite being sold and regulated by the U.S. Food and Drug Administration as a home air freshener, people are consuming the product instead.
Some smoke shops, convenience stores, and other places that carry spice may claim that they will not sell the product to a customer who appears to intend to smoke it but, in actual fact, people are not likely to pay $30 for a product that makes their homes smell like burnt grass.
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