(A) It is hereby declared to be unlawful for any person knowingly to use, possess, purchase, attempt to purchase, sell, publicly display for sale, attempt to sell, give, exchange or barter any one or more of the following chemicals within the boundaries of the City of Lawrence, all of which chemicals are deemed to be a common nuisance and constitute a danger to the safety and well being of the citizens of the City of Lawrence and to the general public.
(1) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol {also known as CP 47,497 and its C6, C7, C8 and C9 homologues}.
(2) (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}.
(3) Naphthalen-1-yl-(1-pentylindol-3-yl)methanone {also known as 1 Pentyl-3-(1-naphthoyl) indole or JWH-018}.
(4) Naphthalen-1-yl-(1-butylindol-3-yl)methanone {also known as 1-Butyl-3-(1-naphthoyl) indole or JWH-073}.
(5) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- tetrahydrobenzo[c]chromen-1-ol {also known as HU-211}.
(6) Any synthetic drug or substance now or hereafter listed on Schedule I of the Federal Controlled Substances Act and of the Federal Drug Enforcement Administration, as now provided and as the same may be amended from time to time.
(7) Any synthetic drug or substance listed in I.C. 35-41-1-26.3 as now provided and as the same may be amended from time to time.
(8) Any other synthetic drug, product or substance, the use of which has an effect similar to that of a narcotic, narcotics or banned substances.
(B) This chapter and section shall be enforced by the City of Lawrence Police Department and the Marion County Health and Hospital Corporation. If any of the substances listed in division (A) herein are found in the possession of any person, they may be confiscated and destroyed by law enforcement officials.
(C) It is not an offense under division (A) herein if the person was acting at the discretion of an authorized law enforcement agent to enforce or ensure compliance with this law prohibiting the sale of the specified substance or substances.
(D) This chapter and section does not apply to any person who commits any act described in this chapter and section pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. This chapter and section likewise does not apply to the inhalation of anesthesia for a medical or dental purpose.
(E) Any business found to be in violation of this chapter and section shall be subject to a civil fine of $2,500. Any person found in violation of this chapter and section shall be subject to a civil fine not to exceed $1,000.
(F) The Corporation Counsel, City Attorney or any other attorney authorized by the city shall have authority to seek an injunction to close any business which refuses or fails to comply with this chapter and section.
(G) If any provision of this section is determined by a court of competent jurisdiction to be invalid, such invalidity shall not affect the remaining provisions of this section that shall remain effective absent the invalid provision, and to this end, the provisions of this section are declared to be severable.
(Ord. 21, 2010, passed 10-4-2010; Am. Ord. 10, 2012, passed 8-6-2012)