(A) It is unlawful for any person to purchase, possess, sell, and offer for sale within the town products containing synthetic cannabinoids or similar products which contain one or more of the following chemical compounds:
(1) (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2methyloctan- 2-yl)-6a, 7, 10, 10a-terrahydrobenso[c]chromen-1-ol, also known as HU-210;
(2) 1-Pentyl-3-(1-naphthoyl) indole, also known as JWH-018;
(3) 1-Butyl-3-(1-naphthoyl) indole, also known as JWH-073;
(4) All parts of the plant not presently classified botanically as Salvia divinoruin, 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-#-[trifluoro- methylphenyl]) piperazine; or
(6) Cannabicyclohexanol, a substance also known as 2-[(1R,3S)- 3-hydroxychclohexyl]-5-(2-methylnonan-2-yl) phenol; and
(7) Any other relevant compound or derivative.
(Hereinafter “products”).
(B) It is unlawful for any person to burn, incinerate, or ignite in any public place or on any property owned, leased, or controlled by the town the products or any other product containing synthetic cannabinoids.
(C) It is unlawful for any person, entity, or retail/business establishment to sell, publicly display for sale, or attempt to give, sell, or barter the products or any other synthetic cannabinoids or synthetic equivalents of substances contained in the plant described as “cannabis” or in the resinous extractives of “cannabis” or synthetic substances, derivatives, or their isomers with similar chemical structure and pharmacological activity or any substance which claims such properties even if in actuality they do not. Because the nomenclature of these substances and products are not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are similarly prohibited.
(D) Persons violating the provisions of this section 130.01 shall be subject to a fine of not less than $100 and not more than $2,500, plus court costs and attorney fees, to the extent permitted by applicable law, associated with the enforcement of this section. Each day of the existence of any violation of this section shall be considered a separate offense.
(E) Entities, including businesses and retail establishments, violating the provisions of this section shall be subject to a fine of not less than $500 and not more than $7,500, plus court costs and attorney fees, to the extent permitted by applicable law, associated with the enforcement of this section. Each day of the existence of any violation of this section shall be considered a separate offense. A second conviction under this section shall result in the business license being revoked, in addition to the above-mentioned civil fines.
(F) If any of the aforementioned substances or products are found in the possession of any person or entity, such may be confiscated and destroyed by any law enforcement official as provided by law, and any aforementioned substances or products reasonably suspected to be described herein may be photographed as evidence pending adjudication of the alleged violation.
(G) It is not an offense if an individual or business was acting at the direction of an authorized law enforcement agent to enforce or ensure compliance with this section prohibiting the aforementioned substance.
(H) This section does not apply to an individual or business 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.
(I) The Town Attorney shall have the authority to seek an injunction and all appropriate equitable relief to prevent the selling or offering to sell the products prohibited herein in violation of this section by any business which refuses or fails to comply with this section.
(Ord. 1110, passed 11-16-10)
EDITOR’S NOTE:
The list below contains references to those sections of state law which prohibit the most common drug offenses. These citations are intended only as convenient references. It is not the intention of the municipality to incorporate such statutory provisions in this code of ordinances, and such provisions are specifically not incorporated by reference.
OFFENSE | IC SECTION |
OFFENSE | IC SECTION |
DEALING | |
Controlled substance | |
Schedule I, II, or III | 35-48-4-2 |
Schedule IV | 35-48-4-3 |
Schedule V | 35-48-4-4 |
Counterfeit substance | 35-48-4-5 |
Hashish | 35-48-4-10 |
Hash oil | 35-48-4-10 |
Marijuana | 35-48-4-10 |
Narcotic drug | 35-48-4-1 |
Paraphernalia | 35-48-4-8.2 |
MANUFACTURE | |
Paraphernalia | 35-48-4-8.l |
POSSESSION | |
Controlled substance | 35-48-4-7 |
Hashish | 35-48-4-11 |
Hash oil | 35-48-4-11 |
Marijuana | 35-48-4-11 |
Narcotic drug | 35-48-4-6 |
Paraphernalia | 35-48-4-8.3 |
REGISTRATION OFFENSES | 35-48-4-14 |
VISITING COMMON NUISANCE | 35-48-4-13 |