A. It shall be unlawful for any person, including a corporation or other entity, to manufacture, distribute, dispense, ingest, use, possess, purchase, attempt to purchase, sell, publicly display for sale, attempt to sell, give, trade or barter, any one or more of the following chemical compounds and/or substances, including their salts, isomers, homologues and salts of their isomers and homologues:
1. Salvia divinorum 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;
2. Pentyl-3-(1-naphthoyl)indole (also known as JWH-018);
3. (6ar,10ar)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol (also known as HU-210 or 1,1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol);
4. 2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl) phenol (also known as CP-47,497), and the dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP-47,497;
5. 1-Butyl-3-(1-naphthoyl)indole (also known as JWH-073);
6. 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl)indole (also known as JWH-200);
7. 1-Pentyl-3-(2-methoxyphenylacetyl)indole (also known as JWH-250);
8. 1-Hexyl-3-(1-naphthoyl)indole (also known as JWH-019);
9. 1-Pentyl-3-(4-cholor-1-naphthoyl)indole (also known as JWH-398);
10. N-benzylpiperazine (also known as BZP);
11. 1-(3-trifluoromethylphenyl) piperazine (also known as TFMPP);
12. Any similar structural analogs of the above chemical compounds;
13. Any other synthetic cannabinoids.
B. It is not an offense under subsection A of this section if the person was acting at the direction of an authorized agent of the city of Ely to enforce or ensure compliance with this law prohibiting the sale of the aforementioned intoxicating chemical compound.
C. If any of the aforementioned intoxicating chemical compounds are found in the possession of any person, they may be confiscated and destroyed by law enforcement officials.
D. This section shall not apply to drugs or substances lawfully prescribed or to drugs or substances which have been approved by the federal food and drug administration or which are specifically permitted by Nevada law.
E. Any person found to be in violation of this section shall be guilty of a misdemeanor and, upon conviction, shall be subject to penalty as provided in section 1-4-1 of this code, unless the state statute in force at the time of commission of such misdemeanor prescribes a different penalty. Each day during which a violation of subsection A of this section occurs shall constitute a separate offense.
F. The city of Ely shall have the authority to seek an injunction to compel compliance of any business which fails to or refuses to comply with this section. (Ord. 645, 11-16-2010)