(A) Definitions. for the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
POLICING AGENCY. Any law enforcement agency with jurisdiction in the City of Crawfordsville, Indiana, including, but not limited to, the Montgomery County Sheriff’s Department, the Crawfordsville Police Department, and the Indiana State and Excise Police.
RETAIL ESTABLISHMENT. Any person, business, corporation, or other entity holding or operating under a state retail merchant’s license or city peddler’s license.
SYNTHETIC EQUIVALENTS. Includes any of the following herbal or chemical based substance containing any of the following:
(a) Salviadivinorum or salvinorum A: all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts;
(b) (6aR,10aR)-9-(hydroxymethyl)-6,6dimethyl1-3-(2-methyloctan-2-yl)-6a,7, 10, 10a- tetrahydrobenzo[c]chromen-1-ol some trade or other names : HU-210;
(c) 1-Pentyl-3-(I-naphthoyl)indole-some trade or other names: JWH-018/spice;
(d) 1-Butyl-3-(1naphthoy)indole-some trade or other names: JWH-073;
(e) 1-(3-[trifluoromethylphenyl]) piperazine-some trade or other names: TFMPP;
(f) Cannabicyclohexanol, a substance also know as 2-[(1R,3S)-3-hydroxycyclohexyl]-5- )2-methylnonan-2-yl)phenol;
(g) CP-47,497, a substance also known as 2-[(1R,3S)-3-hydroxycyclohexyl]-5-)2- methyloctan-2-yl)phenol;
(h) JWH-250, a substance also known as 2-(2-methoxyphenyl)-1-)1-pentylindo1-3- yl)ethanone; or
(i) Any similar structural analogs.
SYNTHETIC MARIJUANA. Includes any herbs or incense marketed under any name, including, but not limited to: K2, Spice, Acapulco Spices, Serenity Now, Spice Gold, Shokotsu, Afghan Incense, Baked, Black Magic, Buzz, Cherry Charm, Fire Bird, Fire “N” Ice, Pulse, Solitude or Voodoo, all regardless of the flavor.
(B) Prohibition. It is hereby declared to be unlawful within the City of Crawfordsville, Indiana, for any retail establishment to sell, publicly display for sale, or attempt to sell, give, or barter synthetic marijuana or any synthetic equivalents of the substances contained in the plant Cannabis, or in the resinous extractives of Cannabis and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, or any substance which claims such properties even if in actuality it does not. Since nomenclature of these substances is not internationally standardized, synthetic marijuana and synthetic equivalent compounds of these structures, regardless of numerical designation of atomic positions, are similarly prohibited.
(C) Enforcement. This section may be enforced by any policing agency. Further, upon discovery of violation, any policing agency is authorized to confiscate any product that is prohibited by this section.
(Ord. 24-2010, passed 11-8-10) Penalty, see § 96.99