(1) It shall be unlawful for any person, including a corporation or other entity, to manufacture, distribute, 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 or their salts, isomers, homologues, and salts of their isomers and homologues:
(a) 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.
(b) (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3(2- methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1- ol, some trade or other name: HU-210.
(c) Naphthalen-1-yl-(1-pentylindol-3-yl)methanone (also known as 1 Pentyl-3-(1-naphthoyl) indole, some trade or other name: JWH-018.
(d) Naphthalen-1-yl-(1-butylindol-3-yl)methanone (also known as 1-Butyl-3-(1-naphthoyl) indole, some trade or other name: JWH-073.
(e) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2- yl)phenol, some trade or other name: CP 47,497 and its C6, C7, C8, and C9 homologues.
(f) 1-(3-[triflouromethylphenyl]) piperazine, some trade or other name: TFMPP.
(g) (R)-(+)-[2,3-Dihydro-5-methyl-3-(4- morpholinylmethyl)pyrrolo[1,2,3-de)-1,4-benzoxazin-6-yl]-1- napthalenylmethanone, some trade or other name: WIN 55,2-212.
(h) 2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-5- (2-methyloctan-2-yl)phenol, some trade or other name: CP 55,940.
(i) 6,6,9-trimethyl-3-(3-methyloctan-2-yl)-7,8,9,10- tetrahydrobenzo [c]chromen-1-ol, some trade or other name: Dimethylheptylpyran 1, 2-dimethylheptyl-3THC, or DMHP, or A- 40824, or EA-1476.
(j) [(6S,6aR,9R,10aR)- 9-hydroxy- 6-methyl- 3-[(2R)-5- phenylpentan- 2-yl]oxy- 5,6,6a,7,8,9,10,10a- octahydrophenanthridin- 1-yl] acetate, some trade or other name: Levonantradol, or CP 50,556-1.
(k) 1-(4-methylphenyl)-2-methylaminopropan-1-one, some trade or other name: Mephedrone, 4-methylmethcathinone, 4-MMC or 4- methylephedrone.
(l) Or any similar structural analogs.
(2) It is not an offense under this section if the person was acting at the direction of an authorized agent of Ivins City to enforce or ensure compliance with this law prohibiting the sale of the aforementioned intoxicating chemical compound.
(3) 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.
(4) This section does not apply to any person who commits any act described in this section pursuant to the lawful direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. This section likewise does not apply to the inhalation of anesthesia for a medical purpose or dental purpose.
(5) Any person found to be in violation of this section will be guilty of a class B misdemeanor subject to a term of imprisonment not to exceed six (6) months and/or a fine not to exceed one thousand dollars ($1,000.00) or both. Each day during which violation of subsection (1) of this section occurs shall constitute a separate offense.
(6) Ivins City shall have the authority to seek an injunction to compel compliance of any business which fails or refuses to comply with this section. (Ord. 2010-18, 2010)