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Home My WebLink AboutBIL 028 Draft 01 1996-1998 OFFICE INFORMATION ONLY Meeting: Hawaii County Council - February 7, 1997 Action: Close file Re: Bill 28/ C-78/FC-24 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 28 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY CODE TO PROHIBIT THE POSSESSION, SALE AND DISTRIBUTION OF CERTAIN PRODUCTS THAT CONTAIN GAMMA HYDROXYBUTYRATE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1. Council Findings and Purpose. The Council finds that gamma hydroxybutyrate, sometimes also known as "GHB" or "LIQUID X, " has been determined to have deleterious effects on human health, including depression of the respiratory system, particularly when mixed with alcohol . Such depression can cause loss of oxygen to the brain, knocking the victim out and triggering unconsciousness, amnesia, and possibly death. Because of these effects, and because it is odorless and almost tasteless, gamma hydroxybutyrate, also known as "Easy Lay, " is being used by teenagers and others as a "date rape" drug and is taking the place of another hypnotic tranquilizing drug, rohypnol, which is already listed as a controlled substance by the State of Hawaii . One of the reasons for the increase in the use of GHB is that the drug is easily manufactured. Typically, this colorless and nearly odorless drug is slipped into a victim' s drink, with symptoms taking effect rapidly, within 15 to 20 minutes . Due to its effects, 9 the victim often loses any memory of the events occurring during the episode, often even the identity of an assailant. Recently, the drug caused the death of a 17-year old female athlete and model student in Texas who unknowingly ingested the drug after it had been slipped into her soft drink at a dance club. Overdoses of this new drug have become an increasing problem, particularly among teenagers . In recent months, over one hundred cases of overdose have been reported in an increasing number of states including Texas, Florida and California. As a result of the spreading availability and use of GHB, women across the United States are facing an increasing risk of sexual assault or death from men using the drug for the purpose of subduing female victims and escaping detection. The drug could also be used for other criminal acts . The Narcotics Enforcement Division of the State of Hawaii ' s Department of Public Safety is making efforts to classify products containing gamma hydroxybutyrate as controlled substances, thereby enabling tighter State regulation and control of the products . However, until such changes occur, products containing this potentially lethal drug can be purchased legally by both adults and minors . The purpose of this ordinance is to restrict possession, sale and causing the sale of products containing gamma hydroxybutyrate in the County of Hawaii . . -2- . SECTION 2 . Chapter 14, Hawaii County Code (1995) , as amended, is amended by adding a new article to be appropriately numbered and to read as follows : "Article . Products Containing Gamma Hydroxybutyrate Section 14- 1. Definitions . "Drug" means a drug as defined in 21 U.S.C. Section 321. "Distribution" shall include any gift, donation, trade or barter. "Person" means an individual, firm, partnership, corporation, association or other entity. Section 14- 2 . Restrictions relating to gamma hydroxybutyrate. No person shall manufacture, possess, distribute, sell, or cause to be sold or distributed any product containing gamma hydroxybutyrate. Section 14- 3 . Violation--Penalties . Any person convicted of violating any provision of Section 14- 2 shall be punished for each violation by a fine of not less than $500 . 00 nor more than $1, 000 . 00, by imprisonment for not more than 90 days, or by both. Possession of one or more tablets, bottles, or other units of any product containing gamma hydroxybutyrate in violation of Section 14- 2 at one time shall constitute a single violation. If any person sells or causes to be sold, or distributes or causes to be distributed, more than one tablet, bottle or other unit of any product containing gamma hydroxybutyrate in a single transaction, the person shall be deemed to have committed a single violation of Section 14- 2 . SECTION 3 . This ordinance shall take effect upon its approval . This ordinance shall terminate and cease to be in effect upon the effective date of any statute or rule of the State of Hawaii making gamma hydroxybutyrate a "controlled substance" as that term is defined in Section 329-1, Hawaii Revised Statutes, or of any statute -3- or rule of the United States making gamma hydroxybutyrate a "controlled substance" as that term is defined in 21 United States Code §802 . SECTION 4 . If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5 . This ordinance shall take effect upon its approval . INTRODUCED BY: 7- - / COUNCIL EMBER, C UNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 78 24771 -4- .w DFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii ROLL CALL VOTE AYES NOES ABS EX Introduced By: Aaron ChungArakaki Date Introduced: February 7, 1997 Chung First Reading: Published: Lei thead-Todd Ray REMARKS: Reynolds 02/07/97 - Close file. Santangelo Smith Tyler - Yagong ROLL CALL VOTE Second Reading: AYES NOES ABS j EX To Mayor: _ l Returned: _ Arakaki Effective: Chung Published Leithead-Todd Ray REMARKS: Reynolds Santangelo _ Smith ___----------- — -- Tyler Yagong _ I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. COUNCIL CHAIRMAN COUNTY CLERK Approved/Disapproved this day ol" ___,19 MAYOR,COUNTY OF HAWAII Bill No.: 28 C-78/FC-24 Reference: Ord.No.: