(A) Purpose. The purpose of this section is to stop the possession or sale of AM cannabinoids, CP cannabinoids, JWH cannabinoids and HU cannabinoids. These substances are harmful if consumed and present a significant public health danger that can result in hospitalization or death.
(B) Definitions.
AM CANNABINOIDS. Any synthetic cannabinoids created by Alexandros Makriyannis or his research group including but not limited to AM-087; AM-251; AM-281;AM-356;AM-374; AM-381; AM-404; AM-411; AM-630; AM-661; AM-S78; AM-679; AM-694;AM-855;AM-881; AM-883; AM-905; AM-906; AM-919; AM-926; AM-938; AM-1116; AM-1172;AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM-2.213; AM-2232.; AM-2233; AM-2102;AM-4030. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration, and are dispensed in accordance with state and federal law.
CP CANNABINOIDS. CP-47,497; (C6)-CP-47,497; (C7)-CP-47,4S7;(C8)-CP-47,497; (C9)-CP-47,497;CP-50,556-1;CP-55,244;CP-55,940;CP-945,598. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration, and are dispensed in accordance with state and federal law.
HU CANNABINOIDS. Any synthetic cannabinoids synthesized at the Hebrew University including but not limited to HU-210; HU-211; HU-243; HU-303;HU-320;HU-331; HU-336; HU-345. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration, and are dispensed in accordance with state and federal law;
JWH CANNABINOIDS. Any synthetic cannabinoids created by John W. Huffman or his or her research group including but not limited to JWH-0G7; JWH-015; JWH-Q18; JWH-019; JWH-030; JWH-M7; JWH-O48; JWH-O51; JWH-057; JWH-073; JWH-081; JWH-098; JWH-116; JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161; JWH-164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH-184; JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-196; JWH-197; JWH-198; JWH-199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234; JWH-249; JWH-250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336; JWH-350; JWH-359; JWH-387; JWH-398; JWH-424. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration, and are dispensed in accordance with state and federal law;
PERSON. Individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;
POSSESSION. To have actual physical possession or otherwise to exercise actual dominion or control over a tangible object;
TRAFFIC. To manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, or sell a controlled substance; and
TRANSFER. To dispose of a controlled substance to another person without consideration and not in furtherance of commercial distribution.
(C) Prohibition of possession or sale of AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids.
(1) Trafficking in AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids.
A person is guilty of trafficking in AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids when he or she knowingly and unlawfully traffics in AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids.
(2) Possession of AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids
A person is guilty of possession of AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids when he or she knowingly and unlawfully possesses AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids.
(D) Forfeiture.
(1) All substances, machinery, or devices used for the manufacture, packaging, repackaging, or marking, and books, papers, and records, and ail vehicles owned and used by the seller or distributor for the manufacture, distribution, safe, or transfer of substances in violation of this section shall be seized and forfeited to the City of Nicholasville. Substances manufactured, held, or distributed in violation of this section shall be deemed contraband.
(2) All AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids, which have been manufactured, distributed, dispensed, possessed, being held, or acquired in violation of this section;
(3) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this section;
(4) All property which is used, or intended for use, as a container for property described in the above listed paragraphs.
(5) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of property described in the above listed sections, but:
(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it is proven beyond a reasonable doubt that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this section;
(b) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his or her knowledge or consent;
(c) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission.
(6) Everything of value furnished, or intended to be furnished, in exchange for or possession of AM cannabinoids, CP cannabinoids, JWH cannabinoids, or HU cannabinoids in violation of this section, all proceeds, including real and personal property, traceable to the exchange, and all moneys, negotiable instruments, and securities used, or intended to be used, to facilitate any violation of this section; except that no property shall be forfeited under this section, to the extent of the interest of an owner, by reason of any act or omission established by him or her to have been committed or omitted without his or her knowledge or consent. It shall be a rebuttable presumption that all moneys, coin, and currency found in close proximity to AM cannabinoids, CP cannabinoids, JWH cannabinoids, or HU cannabinoids, to AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids manufacturing or distributing paraphernalia, or to records of the importation, manufacture, or distribution of AM cannabinoids, CP cannabinoids, JWH cannabinoids, or HU cannabinoids, are presumed to be forfeitable under this paragraph. The burden of proof shall be upon claimants of personal property to rebut this presumption by clear and convincing evidence. The burden of proof shall be upon the law enforcement agency to prove by clear and convincing evidence that real property is forfeitable under this paragraph
(E) Penalty.
(1) Any person violating division (C)(1) shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $500, or imprisonment for not more than 12 months, or both, for each offense.
(2) Any person violating division (C)(2) shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $250, or imprisonment for not more than 30 days, or both, for each offense.
(3) If current or future Kentucky law(s) (KRS and the like) prohibits any substance(s) contained in this section, the Kentucky law(s) (KRS and the like) shall be applied instead of this section for both prosecution and penalty
(Ord. passed 3-20-2012)