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The purpose of this chapter 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.
(Ord. 1-2-28-12, passed 2-28-2012)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AM CANNABINOIDS. Any synthetic cannabinoids created by Alexandras 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-678; 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-47,497; (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-308; 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 research group, including, but not limited to, JWH-007; JWH-015; JWH-018; JWH-019; JWH-030; JWH-047; JWH-048; JWH-051; 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.
TRANSFER. To dispose of a controlled substance to another person without consideration and not in furtherance of commercial distribution.
(Ord. 1-2-28-12, passed 2-28-2012)
(A) 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.
(B) 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.
(Ord. 1-2-28-12, passed 2-28-2012)
Any person violating § 130.03(A) or (B) 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. If current or future state law(s) (KRS and the like) prohibits any substance(s) contained in this chapter, the state law(s) (KRS and the like) shall be applied instead of this chapter for both prosecution and penalty.
(Ord. 1-2-28-12, passed 2-28-2012)