SB 1367: Harmful substances: local regulation.

Existing law prohibits the operation of a place of business in which drug paraphernalia is kept, displayed, or sold unless the drug paraphernalia is completely kept within a separate room or enclosure to which persons under 18 years of age are excluded. Existing law prohibits the sale of synthetic cannabinoid compounds, as specified.

This bill would allow a city, county, or city and county, to regulate, by ordinance, the sale of substances that pose a substance used as a recreational drug that poses a threat to human life or health and a particular risk to minors if specified conditions are met, including the fact that the substance is sold under a product name or label that is clearly identifiable, there is substantial evidence that the substance has been advertised, purchased, sold, or consumed as a recreational drug and drug, and there is substantial evidence that the substance can cause intoxication, disability, or death if swallowed, ingested smoked, inhaled, or injected into the body. The bill would allow the city council or board of supervisors to require vendors to maintain records of sale, make inventory available for inspection by a peace officer, and store the substance in a secure place that cannot be accessed by minors. The bill would allow the city, county, or city and county, to prohibit the sale of the substance to minors and require the payment of a penalty for noncompliance with the ordinance, not to exceed $250.