A. Declaration Of Purpose: The Bingham County Board of County Commissioners hereby finds and declares that the products and synthetic substances described hereunder are commonly used as an alternative to marijuana, that the synthetic substances are potentially dangerous to users and that the long term effects are not yet known. The Commissioners declare that the products which contain these synthetic substances often use a disclaimer that the product is "not for human consumption" to avoid regulations requiring the manufacturer to list the product's active ingredients and that most of these products only list the ingredients of damiana leaf and mullein leaf extract. The Commissioners further declare that the synthetic substances described hereunder are not yet categorized as illegal controlled substances under State or Federal law, and that it is proper and necessary for the Bingham County Board of County Commissioners to exercise its authority to safeguard and protect the public health and safety. Finally, the Commissioners declare that it is within the policy power of Bingham County, granted by article XII, section 2 of the Idaho State Constitution, to legislate the use, possession and sale of synthetic cannabinoids and/or the substances known as "spice" in order to preserve the public's health, safety, and welfare.
B. Definitions: For the purpose of this section, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
SPICE: Any herbal or plant material, incense or other substance, regardless of the purpose for which it is marketed, or whether it is labeled as unsuitable for human consumption, which contains one or more synthetic cannabinoids or their analogs or homologues.
1. Spice includes products by whatever trade name that are treated, sprayed, or saturated with one or more of the chemicals identified in the definition of synthetic cannabinoids in this section. Some currently marketed products containing synthetic cannabinoids identified in said definition include, but are not limited to: K2, K3, Spice, Black Mamba, Mr. Smiley, Vanilla Voodoo, Rage and Posh.
2. Spice includes any incense or alternative smoking blend product, which contains damiana leaf and/or mullein leaf extract.
SYNTHETIC CANNABINOIDS: A synthetic substance with a chemical structure or pharmacological activity similar to tetrahydrocannabinol, also known as THC, which is the main psychoactive substance found in marijuana. For the purpose of this section, synthetic cannabinoids are more specifically identified as follows:
1. 1-Pentyl-3-(1-naphthoyl)indole, a substance also known as JWH-018;
2. 1-Butyl-3-(1-naphthoyl)indole, a substance also known as JWH-073;
3. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2- methyloctan-2-yl)phenol, a substance also known as CP 47,497 and its homologues;
4. (Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)- 6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a -tetrahydrobenzo[c]chromen-1-ol), a substance also known as HU-211;
5. Any salt, isomer, analog or homologue of the above mentioned chemicals;
6. Any other known synthetic cannabinoid; or
7. Any similar chemical substances which when inhaled, injected or otherwise ingested are capable of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system.
C. Possession, Use Or Sale:
1. Prohibition: Except as authorized by Idaho Code title 37, chapter 27, as amended, it is unlawful for any person to knowingly and intentionally use, possess, purchase, sell, attempt to sell, publicly display for sale, distribute, or dispense synthetic cannabinoids, either in their chemical form or as the product commonly known as spice. (Ord. 2010-08, 10-5-2010)
2. Penalty: Any person who is found guilty of, or who pleads guilty to, a violation of this section shall be guilty of a misdemeanor, punishable as provided in section 1-4-1 of this Code. (Ord. 2010-08, 10-5-2010; amd. 2018 Code)
D. Affirmative Defense: It shall be an affirmative defense to prosecution for possession or use of synthetic cannabinoids under this section that said possession or use is under and pursuant to the direction or prescription of a licensed physician or dentist authorized in the State of Idaho to direct or prescribe such act.
E. Subsequent State Action: If the Idaho State Legislature adopts a statute enacting criminal penalties for prohibitions set forth in this section, then upon the effective date of such State Statute, provisions of this section that are addressed by the State Statute shall no longer be deemed effective. Any violations of this section committed prior to the Idaho State legislature enacting such a statute may be prosecuted. To the extent that the provisions within this section are not preempted by State Statute, the provisions of this section shall remain valid and in effect. (Ord. 2010-08, 10-5-2010)