(A) Purpose. The purpose of this section is to prohibit the use, purchase, possession, and sale of synthetic cannabinoid products as hereinafter defined within the city limits of the city.
(B) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON. An individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
SYNTHETIC CANNABINOID PRODUCT. Any substance, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following chemicals:
(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) 2-[(1R, 3S)-3-hydroxycyclohexyl}-5-(2-methylocatan-2-yl) phenol (also known as CP47, 497) and homologues;
(c) (6aS, 10aS)-9-(hydroxmethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo [c] chormen-l-ol) (also known as HU-211 or Dexanabinol);
(d) 1-Pentyl-3-(1-naphthoyl) indole (also known as JWH-018); or
(e) Butyl-3-(1-naphthoyl) indole (also known as JWH-073).
(C) Offense. It shall be unlawful for any person to use, purchase, possess, barter, give, publicly display, sell or offer for sale any synthetic cannabinoid product.
(D) Defense. It shall be a defense to a violation of this section that any act described in this section is under and pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act and written proof is provided accordingly.
(E) Chemical testing. Because of the difficulty in determining the actual chemicals associated with the synthetic cannabinoid products subject to prosecution in this section, upon a finding of guilty, plea of “guilty” or “nolo contendere”, the defendant shall bear the costs of any and all chemical analysis and testing. And, results of testing are not required for the prosecution of this case, if the confiscated alleged synthetic cannabinoid product is not being offered as evidence.
(Ord. 08-09-2010K2, passed 8-9-2010)