(A) It is hereby declared to be unlawful for any individual or business to use, possess, purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following products containing synthetic cannabinoids ("products") within the boundaries of the City of Madison, Indiana which contain one or more of the following chemical compounds:
(1) (6aR, 10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol, also known as HU-210;
(2) 2[(1R, 3S)-3-hydroxycyclohexy1]-5-(2-methyloctan-2-yl) phenol {also known as CP 47,497 and its C6, C7, C8 and C9 homologues};
(3) Naphthalen-1-yl-(1-pentylindol-3-yl) methanone {also known as 1 Pentyl-3-(1-naphthoyl) indole or JWH-018}; also known as K 2;
(4) Naphthalen-1-yl-(1-butylindol-3-yl) methanone {also known as 1-Butyl-3(1-napthoyl) indole or JWH-073};
(5) (±)-1-(4-methylphenyl)-2-methylaminopropan-1-one) {also known as 4-methyl-N-methylcathinone; 2-methylamino-1-p-tolylpropan-1-one[1}, also known as mephedrone;
(6) (6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a-tetrahydro -6,6,9-trimethyl-6H-dibenzo[b,d]pyran {also known as JWH-133;
(7) (R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl) pyrrolo[1,2,3-de)-1,4-benzoxazin-6-yl]-1-napthalenylmethanone {also known as WIN 55,212-2; and
(8) Any other equivalent compound or derivative.
(B) Products containing synthetic cannabinoids ("products") may not be burned, incinerated or ignited in any public place or on any property owned, leased or controlled by the city.
(C) If any of the substances listed in division (A) of this section are found in the possession of any individual or business, they may be confiscated and destroyed by law enforcement officials.
(D) It is not an offense under division (A) of this section if the individual or business was acting at the direction of an authorized law enforcement agent to enforce or ensure compliance with this section prohibiting the aforementioned substance.
(E) This section does not apply to any individual or business who commits any act described in this section pursuant to the 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.
(F) Any individual or business found to be selling, publicly display for sale or attempting to sell, give, or barter any substance listed in division (A) of this section shall be considered to have violated this section and will be subject to a civil fine of $2,500. Any individual or business found purchasing or possessing any substance listed in division (A) of this section shall be considered to have violated this section and will be subject to a civil fine of $1,000. Any person or entity found in violation of this section shall be responsible for payment of reasonable costs and attorneys fees associated with the enforcement of this section.
(G) The City Attorney, with the approval of the Common Council, shall have the authority to seek an injunction to prevent the selling or offering to sell in violation of this section by any business which refuses or fails to comply with this section.
(H) This section shall remain in effect until such time as a section of the Indiana Code addressing these or similar substances becomes effective at which time this section shall automatically be revoked. All violations occurring prior to the date of revocation shall be subject to the penalties herein regardless whether legal proceedings related thereto have been filed or concluded prior to the date of revocation.
(I) Any term defined in this section by reference to a state statute shall have the same meaning whenever used in this section unless clearly inapplicable by the context in which it is used. Any reference to a state statute shall mean the statute as amended from time to time, or any similar statutory provision that may supersede it relating to the same or similar subject matter.
(Ord. 2010-17, passed 10-19-10)