(A) Declaration of findings and policy.
(1) The city finds that herbal incense products marketed in the United States that provide a marijuana-like high when smoked have become increasingly popular, particularly among teens and young adults and that these products consist of plant material that has been laced with chemicals that have not been approved by the FDA for human consumption.
(2) The city further finds that the Commonwealth of Kentucky has moved to prohibit the sale and possession of similar products, but the changing nature of the products has resulted in the availability of herbal incense products that exceed the Commonwealth's definition and statutes and therefore are not properly regulated by the Commonwealth of Kentucky. The city is aware that the side effects of the unregulated herbal incense products pose a threat to the public health and safety of the citizens of the city and it is in the best interests of the city to regulate the sale and use of such products.
(B) Definitions.
(1)"AM CANNABINOIDS." Any synthetic cannabinoids created by Alexandros Makriyannis or his research group, includes, but is 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-2213; 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.
(2) "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.
(3) "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.
(4) "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.
(5) "PERSON." Any person, firm, group, association, organization, partnership, business, trust, corporation, company, limited liability company or any other business entity. For the purposes of this section, the president, managers, owners, shareholders, partners, members or other persons in charge of the business shall be responsible to require the business to comply with this section and shall likewise be subject to the penalties imposed for violations of this section by the business entity.
(6) "POSSESSION." To have actual physical possession or otherwise to exercise actual dominion or control over a tangible object.
(7) "TRAFFIC." To manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense or sell a controlled substance.
(8) "TRANSFER." To dispose of a controlled substance to another person without consideration and not in furtherance of commercial distribution.
(C) Possession of AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids. It shall be unlawful for a person to be in possession of AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids. A person is guilty of possession when he or she knowingly and unlawfully possesses AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids.
(D) Trafficking in AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids. It shall be unlawful for a person to traffic in AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids. A person is guilty of trafficking when he or she knowingly and unlawfully traffics in AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids.
(E) Applicability of state law. If current or future Kentucky law prohibits any substance(s) contained in this section, the Kentucky law shall be applied instead of this section for both prosecution and penalty.
(F) Penalties.
(1) Any person who violates the provision of this section concerning possession of AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids shall be guilty of a Class B misdemeanor and upon conviction shall be punished by a fine not to exceed $250 and jail time not to exceed 90 days.
(2) Any person who violates the provision of this section concerning trafficking in AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids shall be guilty of a Class A misdemeanor and upon conviction shall be punished by a fine not to exceed $500 and jail time not to exceed 90 days.
(3) Each day of such violation shall constitute a separate offense and no additional notice other than notice of the original offense shall be required to convict a person for multiple violations resulting from a continuation of such offense.
(Ord. 2012-1562, passed 2-23-12)