The St. Petersburg City Council recently passed a new ordinance banning synthetic marijuana, otherwise known on the street as “Spice.” Since the enactment of this law, St. Petersburg Police officers have arrested or charged over 75 people with violation of this offense.
St. Petersburg, Code of Ordinances Chapter 20, Section 20-151 defines the illegal substance in the following manner: “Bath salts, synthetic cathinones, synthetic stimulants means any crystalline or powder product in crystalline, loose-powder, block, tablet, or capsule form, or any stimulant-type product, when the label is in any way false or misleading, or which does not contain a label specifying (1) the identity of the commodity, and (2) the name and place of business of the manufacturer, packer, or distributor.” The ordinance goes so far as to specifically outlaw products with the following street names:
- Bliss
- Blue Silk
- Cloud Nine
- Drone
- Energy-1
- Ivory Wave
- Lunar Wave
- Meow Meow
- Ocean Burst
- Pure Ivory
- Purple Wave
- Red Dove
- Snow Leopard
- Stardust
- Vanilla Sky
- White Dove
- White Knight
- White Lightening
- Blizzard
- Bonzai Grow
- Charge Plus
- Charlie
- Euphoria
- Hurricane
- Lunar Wave
- Ocean
- Pixie Dust
- Posh
- Scarface
- Lovely Dovey
- Aura
- MDPV
- MDPK
- MTV
- Maddie
- Hurricane Charlie
- Black Rob
- Super Coke
- PV
- Peeve
- Meph
- Drone
- MCAT
Possession of Spice Ordinance Broadly Written
The City of St. Petersburg wrote this ordinance in an effort to free law enforcement from the constraints of Florida sate law. In other words, under Florida Statutes Section 893.03(1)(c)46-50 and 114-142 in order to convict someone for possession of “spice,”a subsequent laboratory test must reveal that the seized substance was listed by its chemical name within the Florida statutes. After the state legislation was passed, manufacturers of synthetic marijuana immediately began changing the chemical compounds or adjusting their formulas to circumvent the state statute. The new St. Petersburg ordinance was written so as to cast a broader net, without relying on provisions of state law, that would cover both existing and yet to be formulated chemical compounds as they are introduced to the market.
St. Petersburg’s new ordinance is not limited to the exhaustive list of brands provided above. Rather, the law also includes: ”any plant material to which any synthetic chemical or synthetic chemical compound has been added which has no legitimate relation to the advertised use of the product.” Section 20-154 of the the new “Spice” ordinance, provides that each package of the contraband constitutes a “separate” violation of the law. Further, that each violation carries a minimum mandatory $500.00 fine.
Although many young people are charged with “Spice” ordinance violations in connection with a stop of their motor vehicle, the real focus of law enforcement’s efforts seem to be apprehending people with “Spice” in William’s Park. See: “In Williams Park, 'spice' addicts overwhelm idyllic setting” During the period from 2008 to 2012, there were 2,739 people arrested in Williams Park for a wide variety of criminal offenses. The new law appears to have given the St. Petersburg Police Department another way to raise revenue for the city. See: “Capturing More Cash…St. Petersburg Adds Additional Red Light Cameras.”
We Can Help!
The three criminal defense lawyers in our office are former state prosecutors with considerable experience in handling drug offenses. If you are facing a Pinellas ordinance violation or a criminal charge, we are attorneys who can help.
Call Us to Discuss Your Options
A Defense Team of Former State Prosecutors
Free Consultation - (727) 578-0303
An informative website page: Seal or Expunge Your Criminal Case
Pinellas Criminal Defense: www.defensehelp.com
Pinellas DUI Defense: www.duistpetersburglawyer.com
Pinellas Prescription Fraud: www.floridaprescriptionfraud.com
Related Links:
Possession of Spice Reduced from Felony to Misdemeanor by Legislature
Pinellas Motorists and the New High Cost of Traffic Citations
Pinellas Judges Get Tough on Spice
What to do About Your Possession of Marijuana Charge
Related Videos:
St. Petersburg Passes Spice Ordinance – Williams Park Spice City
Local Businesses Targeted in Spice Crack Down
Pinellas County Spice K-2 Public Service Announcement
Comments