(A) Prohibited conduct. 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 or methadone (products) within the boundaries of the town which contain one or more of the following chemical compounds:
(1) (6aR, 10aR)-9-(hydroxymethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo [c] chromen-l-ol) (also known as HU-210);
(2) 2 [(1R,3S)-3-hydroxycyclohexy1]-5-(2-methyloctan-2-yl) phenol (also known as CP47, 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-naphtha) indole or JWH-018);
(4) Naphthalen-l-yl-(l-butylindol-3-yl) methanone (also known as 1-BUTYL-3 (1-methyl) indole or JWH-073);
(5) Mephedrone (also known as 4-methylmethcathinone (4-MMC), or 4-methylcphedrone);
(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-naphthalenylmethanone (also known as WIN 55, 212-2); and/or
(8) Any other equivalent compound or derivative.
(B) Burning prohibited. 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 town.
(C) Confiscation and destruction. If any of the substances listed in division (A) above are found in the possession of any individual or business, they may be confiscated and destroyed by law enforcement officials as contraband and without compensation to the individual or business.
(D) Exclusions. It is not an offense under division (A) above 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) Prescriptions. 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) Duration. 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 superseded. All violations occurring prior to that date shall be subject to the penalties herein regardless whether legal proceedings related thereto have been filed or concluded prior to the date this section was superseded.
(G) Definitions. 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. 2011-1, passed 1-18-2011) Penalty, see § 130.99