(A) Title. This section shall be known and cited as the “Town of Calera Ordinance Banning Synthetic Marijuana.”
(B) Purpose. The purpose of this section is to control and regulate any form of synthetic marijuana within the town and to provide rules and guidelines to facilitate the enforcement thereof.
(C) Definition. For the purpose of this section, the following definition applies unless the context clearly requires a different meaning.
SYNTHETIC MARIJUANA.
(a) A psychoactive designer drug derived of natural herbs sprayed with synthetic chemicals which, when consumed, mimic the pleasurable effects of marijuana. It is now being possessed, distributed and sold under several names, including, but not limited to, Incense, Potpourri, Spice, K-2 and Blaze.
(b) 63 O.S. § 2-204(f), as annotated, defines synthetic marijuana as any quantity of a synthetic chemical compound which is a cannabinoid receptor agonist and mimics the pharmacological effect of naturally-occurring substances, including the following.
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(D) Regulation. The advertisement, sale, distribution, possession or usage of synthetic marijuana is hereby prohibited within the town.
(E) Violation.
(1) Any person or entity which violates the prohibitions contained in this section shall be considered a violation of this section and shall be subject to the penalties hereinafter provided.
(2) A person who owns, manages, operates or otherwise controls a business location who fails to comply with the provisions of this section shall be considered a violation of this section and shall be subject to the penalties hereinafter provided.
(3) The possession, sale, distribution or use of each separate package of synthetic marijuana shall constitute and be punished as a separate occurrence and infraction of this section.
(4) A violation of the provisions of this section by selling, marketing or distributing synthetic marijuana shall constitute a nuisance in the town.
(F) Prosecution.
(1) At the officer’s discretion, this charge may be filed in Municipal Court if the amount of substance is determined to be considered personal use, which includes any testable amount of synthetic marijuana.
(2) If the officer deems it necessary, these charges may be filed through District Court.
(3) At no time will an officer employed at the Town Police Department have the option of prosecuting charges for the sale, distribution, possession or use of synthetic marijuana or of any paraphernalia commonly used with such drug against an individual who is 17 years of age or under. All individuals who fall into this age bracket and below will be filed through District Court.
(Prior Code, § 10-421) (Ord. 2012-05, passed 8-14-2012) Penalty, see § 132.99