UPDATED: Batavia To Consider Ban on Synthetic Drugs

Editor's note: This story was expanded to include multiple parts late Tuesday morning. The additional parts are noted with a bold headline.

A Batavia city committee tonight will take up a topic already discussed by many nearby towns: a so-called "legal drug" that could have serious health risks.

Chief Gary Schira recommends the city adopt an ordinance banning the sale, use and possession of synthetic drugs.

Schira will present information about these man-made drugs to members of the City Services Committee tonight. The public meeting begins at 7:30 p.m. today, Tues., Nov. 8 in , 100 N. Island Ave.

Synthetic drugs mimic the effects of illegal drugs, but such as panic attacks, hallucinations, palpitations and a rapid heartbeat, according to the U.S. Drug Enforcement Administration.

Officers have responded to 10 synthetic drug-related incidents already this year, two of which happened on grounds, according to police reports.

"I am very concerned about the relatively large amount of synthetic drug activity that has been documented in our city in such a short span of time," wrote Batavia Det. Gary La Barbera in a summary letter about synthetic drugs in town.

Products suspected to be synthetic marijuana have been reported by Batavia Patch and other sources to be . The products are sold in packets or vials small enough to fit in a shirt pocket. The products typically looked like crushed leaves, and can be smoked to get a high.

The most notable local incident involving synthetic drugs occurred on June 14 in Batavia Township. That's when 19-year-old Max Dobner of Aurora off Route 31. He died of blunt force trauma to the head.

When Dobner was driving he was reportedly in from smoking a product thought to be synthetic marijuana, according to his mother Karen.

Schira hopes the Committee recommends approval of the ordinance to the Batavia City Council. The full council is expected to vote on this measure on Nov. 21.

Penalties

The proposed ordinance would make it illegal for anyone to sell, possess or be under the influence of a synthetic marijuana product.

Here are the penalties, according to a draft of the ordinance:

• Any one caught selling synthetic drugs is subject to a minimum $750 fine and a maximum of $1,000 for each subsequent violation.
• Those under age 17 might also have to perform community service, and adults might face up to six months in jail.
• Any one caught possessing or using synthetic drugs is subject to a fine of at least $500 and a max of $1,000 for future violations.
• Possession or use might also mean community service for those under age 17; adults might be sent to jail for a maximum of 30 days.

If Batavia imposes this ban, they will join a growing list of towns that have already outlawed synthetic drugs in this area. That list includes , North Aurora, Sugar Grove, , and .

St. Charles is also . The St. Charles City Council is expected to take a vote on the ban later this month.

Police: Synthetic Drugs Are Sold in Batavia

At least two local businesses would be affected under Batavia's proposed drug ordinance.

Here are the two shops and the products they sell, according to police. In each case, the products are:

• Sold in small plastic jars
• Marketed as incense
• Labeled "not for human consumption"

Karma (similar to "Purple Magic" product)

Police noted this product is kept in a cardboard display box that also contains various multi-colored smoking pipes for sale.

A Patch.com staffer in July visited a series of stores in Batavia and cities nearby to find out who carried drug products marketed as incense.

Crown Liquors at the time offered 1-gram vials of Red Magic for $10 and another product for $15. To read about more Batavia stores with similar products, click .

Patch also visited another store on Batavia's east side that was selling incense products. Batavia Detective La Barbera said he visited the store and was told by the owner that they no longer sell the products.

La Barbara noted he could not go behind shop counters to check for products because they are private businesses, but he can ask.

"At that report, I’m basically taking the owners at their word," La Barbara said.

Batavia Police have previously tested some the products sold in town and found them to not contain any illegal substances. But the products themselves still raise questions.

"It doesn't appear that there are any other legitimate uses for this product," La Barbera said. "It would appear they are pretty expensive for incense and potpourri."

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