(a) Products containing synthetic cannabinoids (“Products”), such as K2/Spice, or similar products which contain one or more of the following chemical compounds:
(1) (6aR, 1OaR)-9(hydroxymethyl)-6-6-dimethyl-3-(2methyloctan-2-yl)- 6a,7,10,1 Oa-tetrahydrobenzo [c] chromen - I-ol, also known as HU-21 O;
(2) 1-Pentyl-3-(I-naphthoyl)indole, also known as JWH-018;
(3) I-Butyl-#-(I-naphthoyl)indole, also known as JWH-073; or
(4) Any other equivalent compound or derivative.
shall not be sold, marketed or offered for sale within Bryan, Ohio; and
(b) Products containing synthetic cannabinoids (“Products”) may not be burned, incinerated or ignited in any public place or on any property owned, leased or controlled by Bryan, Ohio.
(c) This section shall be enforced by the Bryan Police Department. If any of the substances listed in subsection (a) herein are found in the possession of any person, they may be confiscated and destroyed by law enforcement officials.
(d) It is not an offense under subsection (a) herein if the person was acting at the direction of an authorized law enforcement agent to enforce or ensure compliance with this law prohibiting the sale of the aforementioned substance.
(e) This section does not apply to any person who commits any act described in this section pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. This section likewise does not apply to the inhalation of anesthesia for a medical purpose or dental purpose.
(f) Any business found to be in violation of this section will be subject to a civil fine of two thousand five hundred dollars ($2,500), in addition to any other criminal penalties that may be imposed upon individuals.
(g) The City Attorney shall have the authority to seek an injunction to close any business which refuses to or fails to comply with this section.
(h) If any provision of this section is held invalid, such invalidity shall not affect the remaining provisions of the section which shall remain effective absent the invalid provision, and to this end, the provisions of this section are declared to be severable.
(i) A violation of subsection (a) or subsection (b) above shall be considered a misdemeanor of the first degree and shall carry a maximum fine of one thousand dollars ($1,000) and up to 180 days in jail.
(Ord. 52-2010. Passed 11-15-10.)