SYNTHETIC MARIJUANA

This type of public policy matter may fall into the “mixed bag” classification in which the policy has both statewide and local government attributes, or it may be a matter of statewide concern.
The chief question in this case is whether the regulation of synthetic marijuana should be a matter of local, statewide, or mixed state and local concern. It is clear that factors to be considered include, the need for statewide uniformity, determination of whether the municipal ordinance has extraterritorial impact, whether the subject matter is traditionally governed by state or local government, and whether the issue should be regulated by state or local legislation.
Because the State hasn’t acted on the issue yet, the city has the right to enact an ordinance. The material facts are that this is similar to other drug use issues and is dealt with at the federal and state levels.