(A) Findings and policy.
(1) The City Council finds that herbal incense products marketed in the United States that provide a marijuana-like high when smoked have become increasingly popular, particularly among teens and young adults and that these products consist of plant material that has been laced with chemicals that have not been approved by the FDA for human consumption.
(2) The City Council further finds that the state has moved to prohibit the sale and possession of similar products, but the changing nature of the products has resulted in the availability of herbal incense products that exceed the state’s definition and statutes and therefore are not properly regulated by the state. The City Council is aware that the side effects of the unregulated herbal incense products pose a threat to the public health and safety of the citizens of the city and it is in the best interests of the city to regulate the sale and use of such products.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AM CANNABINOIDS. Any synthetic cannabinoids including but not limited to AM-087; AM-25X; AM-281; AM-356; AM-374; AM-38X; AM-404; AM-411; AM-630; AM-G6X; AM-678; AM-679; AM-694; AM-855; AM-88X; AM-883; AM-905; AM-906; AM-9X9; AM-926; AM-938; AM-XXX6; AM-1172; AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM-22X3; AM-2232; AM-2233; AM-2102; AM-4030. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration and are dispensed in accordance with state and federal law.
CP CANNABINOIDS. CP-47,497; (C6)-CP-47,497; (C7)-CP-47,497; (C8)-CP-47,497; (C9)-CP-47,497; CP-50,556-1; CP-55,244; CP-55,940; CP-945,598. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration and are dispensed in accordance with state and federal law.
HU CANNABINOIDS. Any synthetic cannabinoids including but not limited to HU-2X0; HU-21X; HU-243; HU-308; HU-320; HU-33X; HU-336; HU-345. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration and are dispensed in accordance with state and federal law.
JWH CANNABINOIDS. Any synthetic cannabinoids including but not limited to JWH-007; JWH-015; JWH-018; JWH-019; JWH-O30; JWH-047; JWH-048; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098; JWH-116; JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161; JWH-164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH-184; JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-i96; JWH-197; JWH-198; JWH-199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234; JWH-249; JWH-250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336; JWH-350; JWH-359; JWH-387; JWH-398; JWH-424. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration and are dispensed in accordance with state and federal law.
PERSON. Any person, firm, group, association, organization, partnership, business, trust, corporation, company, limited liability company, or any other business entity. For the purposes of this section, the president, managers, owners, shareholders, partners, members, or other persons in charge of the business shall be responsible to require the business to comply with this section and shall likewise be subject to the penalties imposed for violations of this section by the business entity.
POSSESSION. To have actual physical POSSESSION or otherwise to exercise actual dominion or control over a tangible object.
TRAFFIC. To manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, or sell a controlled substance.
TRANSFER. To dispose of a controlled substance to another person without consideration and not in furtherance of commercial distribution.
(C) Possession of AM cannabinoids, CP cannabinoids, JWH cannabinoids, or HU cannabinoids. A person is guilty of possession of AM cannabinoids, CP cannabinoids, JWH cannabinoids, or HU cannabinoids when he or she knowingly and unlawfully possesses AM cannabinoids, CP cannabinoids, JWH cannabinoids, or HU cannabinoids.
(D) Trafficking in AM cannabinoids, CP cannabinoids, JWH cannabinoids, or HU cannabinoids. A person is guilty of trafficking in AM cannabinoids, CP cannabinoids, JWH cannabinoids, or HU cannabinoids when he or she knowingly and unlawfully traffics in AM cannabinoids, CP cannabinoids, JWH cannabinoids, or HU cannabinoids.
(E) Applicability of state law. If current or future state law prohibits any substance(s) contained in this section, the state law shall be applied instead of this section for both prosecution and penalty.
(Ord. 2012-02.01, passed 2-29-2012) Penalty, see § 139.99