(a) For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words, terms, phrases and their derivatives used in this section which are not defined in this section shall have the meanings given to them by the Ohio Revised Code.
(1) "Distribute" means to sell, leave with, give away, dispose of or deliver.
(2) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of synthetic cannabinoids, substituted cathinones, synthetic drugs, or synthetic drug lookalike substances, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, and includes any packaging or repackaging of synthetic cannabinoids, substituted cathinones, synthetic drugs, or synthetic drug lookalike substances, or labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of synthetic cannabinoids, substituted cathinones, synthetic drugs, or synthetic drug lookalike substances as incident to lawful research, teaching or chemical analysis and not for sale.
(3) "Possess" or "possession" means exercising control over synthetic cannabinoids, substituted cathinones, synthetic drugs or synthetic drug lookalike substances.
(4) "Sale" means delivery, barter, exchange, transfer, or gift, or offer thereof, and each transaction of those natures made by any person, whether as principal, proprietor, agent, servant, or employee.
(5) "Substitute cathinones" means any compound (except bupropion), mixture, or preparation structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is modified in any of the following ways, that is to say:
A. By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
B. By substitution at the 3-position with an acyclic alkyl substitutent;
C. By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in cyclic structure;
D. These include but are not limited to 3, 4-Methylenedipxypyrovalerone (MDPV), 4-methylmethcathinone (mephedrone, 4-MMC), 4-fluoromethcathinone (flephedrone), 3, 4- methylenedioxymethcathinone (methylone), butylone, and naphyrone. These compounds are often found in a class of novelty products commonly sold as "bath salts" these substances are sold with trade names including but not limited to MDPK, Magic, Super Coke, PV, POSH, Cloud 9, Ivory Wave, Ocean, Charge Plus, White Lightning, Scarface, Hurricane Charlie, Vanilla Sky, Bonzai Grow, Blue Silk, Serenity Now, Lovey Dovey, Euphoria, Aura, Red Dove and White Dove.
(6) "Synthetic cannabinoids" means any material, compound, mixture, or preparation containing any detectable quantity of synthetically produced cannabinoids, their salts, isomers and salts of isomer, unless specifically excepted elsewhere in this section. Since nomenclature of these synthetically produced cannabinoids is not internationally standardized and may continually evolve, these structures or compounds of these structures shall be included under this division, regardless of their specific numerical designation of atomic positions covered, so long as it can be determined through some form of scientific testing or analysis that the substance contains properties that fit within one or more of the following categories:
A. Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or tans tetrahydrocannabinol, and their optical isomers Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers (since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)
B. Naphthoylindoles. Any compound containing a 3-(1-naphthoyl) indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethly, cycloalkylethyl, 1-(-N-methyl-2-piperidineyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
C. Naphthylmethylindoles. Any compound containing a 1H-indo-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
D. Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any extent whether or not substituted in the naphtyl ring to any extent.
E. Naphthylmethylindenes. Any compound containing a naphthylideneindence structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent.
F. Phenylacetylindoles. Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent.
G. Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycoalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidiny)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted in the cyclohexyl ring to any extent.
H. Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloakyl, alkenyl, cycloalkylmethyl, cycoalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.
I. 2,3-Dihyrdo-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1-,4-benzoxazin-6-yl]-1-naptha lenylmethanone. Some trade or other names: WIN 55,212-2.
J. Tricyclic Benzopyrans. Any compound, except nabilone or compounds listed under a different schedule, structurally derived from 6,6' dimethyl-benzo[c]chromene by substitution at the 3-position with either alkyl(C3 to C8), methyl cycloalkyl, or adamandyl groups, whether or not the compound is further modified in any of the following ways, that is to say—
1. by partial to complete saturation of the C-ring; or
2. by substitution at the 1-position with a hydroxyl or methoxy group; or
3. by substitution at the 9-position with a hydroxyl, metyl, or methylhydoxyl group; or,
4. by modification of the possible 3-alkyl group with a 1,'1 dimethyl moiety, a 1, 1' cyclic moiety, an internal methylene group, an internal acethlene group, or a terminal halide, cyano, azido, or dimethylcarboxamido group.
(7) "Synthetic drug" means a substance of one or more of the compounds or mixtures that are found in the definitions of synthetic cannabinoids or substituted cathinones.
(8) "Synthetic drug lookalike substance" means either of the following:
A. A substance, other than synthetic cannabinods, substituted cathinones or synthetic drugs, which any of the factors listed in division (a)(9)A.1. of this section would lead a reasonable person to believe to be a synthetic cannabinoid, substituted cathinone or synthetic drug.
1. In determining whether a substance is a synthetic drug lookalike substance pursuant to division (a)(12)A. of this section, the following factors may be considered:
a. The overall appearance of a dosage unit of the substance, including its shape, color, size, markings or lack of markings, taste, consistency, and any other identifying physical characteristics;
b. How the substances are packaged for sale or distribution, including the shape, color, size, markings or lack of markings, and any other identifying physical characteristics of the packaging;
c. Any statement made by the owner or person in control of the substance concerning the substance's nature, use or effect;
d. Any statement made to the buyer or recipient of the substance suggesting or implying that the substance is a synthetic cannabinoid, substitute cathinone or synthetic drug;
e. Any statement made to the buyer or recipient of the substance suggesting or implying that the substance may be resold for profit;
f. The overall circumstances under which the substance is distributed including whether the distribution included an exchange of or demand for money or other proper consideration and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance the seller claims the substance to be.
B. A substance other than synthetic cannabinoid, substitute cathinone or synthetic drugs to which both of the following apply:
1. The chemical structure of the substance is substantially similar to the structure of a synthetic cannabinoid, substituted cathinone or synthetic drug; and
2. One of the following applies regarding the substance.
a. the substance has a stimulant, depressant, or a hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a synthetic cannabinoid, substitute cathinone or synthetic drug;
b. with respect to a particular person, that person represents or intends the substance to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a synthetic cannabinoid, substitute cathinone or synthetic drug.
C. The term "synthetic drug lookalike substance" does not include the following:
1. Food and food ingredients;
2. Alcohol;
3. Tobacco;
4. Dietary supplements.
(b) It shall be unlawful for any person to knowingly or under circumstances where one reasonably should know, to manufacture, sell, or otherwise distribute to any persons any product containing the substances included in the definition of synthetic cannabinoids, substituted cathinones, synthetic drugs or synthetic drug lookalike substances.
(c) It shall be unlawful for any person, to knowingly, or under any circumstances where one reasonably should know, display for sale or possess with intent to distribute any product containing the substances included in the definition of synthetic cannabinoids, substituted cathinones, synthetic drugs or synthetic drug lookalike substances.
(d) It shall be unlawful for any person to possess with intent to use, ingest, inhale, or otherwise introduce into the human body, any product containing the substances included in the definition of synthetic cannabinoids, substituted cathinones, synthetic drugs or synthetic drug lookalike substances.
(e) (1) Whoever violates divisions (b) or (c) of this section is guilty of manufacturing, selling, or distributing synthetic cannabinoids, substituted cathinones, synthetic drugs or synthetic drug lookalike substances.
(2) A violation of divisions (b) or (c) of this section is a misdemeanor of the first degree
(f) (1) Whoever violates division (d) of this section is guilty of possessing or using synthetic cannabinoids, substituted cathinones, synthetic drugs or synthetic drug lookalike substances.
(2) A violation of division (d) of this section is a misdemeanor of the first degree.
(Ord. 2013-11. Passed 10-7-13.)