(A) This section is adopted pursuant to I.C. 36-1-3-1.
(B) Products containing synthetic cannabinoids, such as K2 or Spice, or similar products which contain one (1) or more of the following chemical compounds:
(1) HU-210 ((6aR, 10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3(2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-l-ol;
(2) JWH-018 (1-Pentyl-3(1-naphthoyl)indole;
(3) JWH-073 (l-Butyl-3-(1-naphthoyl)indole;
(4) All parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or its extracts;
(5) TFMPP, a substance also known as 1-(3-[trifluoromethylphenyl]) piperazine;
(6) Cannabicyclohexanol, a substance also known as 2-[(lR,3S)-3-jydroxycyclohexyl]-5- (2-methylnonan-2-yl)phenol;
(7) JWH-015 ((2-Methyl-1-propyl-1H- indol-3-yl)-1-naphthalenylmethanone);
(8) JWH-019 (l-hexyl-3-(naphthalen-l-oyl)indole);
(9) JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl )methanone);
(10) JWH-081 (4-methoxynaphthalen- 1-yl- (1-pentylindol- 3-yl)methanone);
(11) JWH-122 (l-Pentyl-3-(4-methyl-1-naphthoyl)indole);
(12) JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)- naphthalen-1-ylmethanone);
(13) JWH-250 (l-pentyl-3-(2-methoxyphenylacetyl)indole);
(14) JWH-251 (l-pentyl-3-(2-methylphenylacetyl)indole);
(15) JWH-398 (l-pentyl-3-(4-chloro-l-naphthoyl)indole);
(16) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)- 6.6-dimethyl- 3-(2-methyloctan-2-yl)- 6a, 7,10, 10a-tetrahydrobenzo [c]chromen-l-ol);
(17) HU-308 ([(lR,2R,5R)-2-[2,6-dimethoxy-4- (2-methyloctan- 2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1 ]hept-3-enyl] methanol);
(18) HU-331 ((3-hydroxy-2- [(lR.6R)-3-methyl-6- (l-methylethenyl)-2 -cyclohexen-1-yl]-5 -pentyl-2,5-cyclohexadiene-1,4-dione);
(19) CP 55,940 (2-[(lR,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-5- (2-methyloctan-2-yl)phenol);
(20) CP 47,497 (2-[(lR3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2-yl)phenol) and its homologues;
(21) WIN 55212-2 ((R)-(+)-(2,3-Dihydro-5-methyl-3-(4-morpholinylmethy) pyrrolo [1,2,3-de)- 1.4- benzoxazin- 6-yl]-l-napthalenylmethanone);
(22) RCS-4 ((4-methoxyphenyl) (l-pentyl-1H-indol-3-yl)methadone);
(23) RCS-8(1-(l-(2-cyclohexylethyl)-lH-indol-3-yl)-2-(2-methoxyphenyl) ethanone); or
(24) Any other relevant compound or derivative;
shall not be sold, marketed, or offered for sale within the Town.
(C) The products may not be burned, incinerated, or ignited in any public place or on any property owned, leased or controlled by the Town.
(D) It is unlawful for any business or retail establishment to sell, to publicly display for sale, or to attempt to sell, give or barter synthetic cannabinoids or synthetic equivalents or substances contained in the plant Cannabis, or in the resinous extractives of Cannabis, and/or synthetic substances, derivatives, and their insomers with similar chemical structure and pharmacological activity, or any substance which claims such properties even if in actuality they do not. Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are similarly prohibited.
(E) It is unlawful for any business, retail establishment or person to manufacture, finance the manufacturing, deliver, finance the delivery, or to attempt to manufacture, finance the manufacturing, deliver, finance the delivery of synthetic cannabinoids or synthetic equivalents or substances contained in the plant Cannabis, or in the resinous extractives of Cannabis and/or synthetic substances, derivatives, and their insomers with similar chemical structure and pharmacological activity, or any substance which claims such properties even if in actuality they do not. Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are similarly prohibited.
(F) Persons and entities, including businesses and retail establishments, violating the provisions of this section shall be subject to the penalty imposed for violating a Class A infraction, as set forth in I.C. 34-28-5-4. Each day of the existence of any violation of this section shall be considered a separate offense.
(G) Any person found to be in possession of the aforementioned substances shall be subject to the penalty imposed for violating a Class A infraction, as set forth in I.C. 34-28-5-4. Further, if any of the aforementioned substances are found in the possession of any person, they may be confiscated and destroyed by any law enforcement official as provided by law. Each day of the existence of any violation of this section shall be considered a separate offense.
(H) This section shall be enforced by the provisions of I.C. 34-28-5.
(I) In addition to any other fines, penalties, or charges that may be prescribed and enforceable under any state law amended or enacted hereafter (the “state law”), this section shall serve as an additional restriction and prohibition for the welfare of its citizens should the state law be enacted or amended and be found to be less restrictive. In the event the state law is more restrictive than this section, providing for additional types of synthetic cannabinoids and/or expanding the types of prohibited actions, this section shall be governed by the provisions of the state law which may include, but not limited to, I.C. 35-41-1 et seq., I.C. 35-45-6-1, I.C. 35-48-2-4, I.C. 35-48-4-2, I.C. 35-48-4-10 and I.C. 35-48-4-11, as applicable.
(J) The provisions of this section shall be prosecuted by the Town Attorney before the Brownsburg Town Court.
(K) Any fines collected under this section shall be placed in the general fund of the Town.
(Ord. 2011-03, passed 2-28-11)