(A) It is unlawful for any person to sell, market, or offer for sale within the city, products containing synthetic cannabinoids such as K2 or Spice or similar products 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) 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018;
(3) 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073;
(4) All parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or its extracts;
(5) TFMPP, a substance also known as 1-(3-[trifluoromethylphenyl]) piperazine; or
(6) Cannabicyclohexanol, a substance also known as 2-[(1R,3S)-3-hydroxycyclohexyl]- 5-(2-methylnonan-2-yl) phenol; or
(7) Any other relevant compound or derivative herein collectively referred to as "products".
(B) It is unlawful for any person to burn, incinerate, or ignite in any public place or on any property owned, leased, or controlled by the city the products or any other product containing synthetic cannabinoids.
(C) It is unlawful for any person, entity, or business/retail establishment to sell, publicly display for sale, or attempt to sell, give, or barter the products or any other synthetic marijuana or synthetic equivalents of substances contained in the plant Cannabis or in the resinous extractives of Cannabis or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity or any substance which claims such properties even if in actuality they do not. Because the nomenclature of these substances and products are not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are similarly prohibited.
(D) Persons violating the provisions of this section shall be subject to a civil fine of not less than $100 and not more than $1,000, plus court costs. Each day of the existence of any violation of this section shall be considered a separate offense.
(E) Entities, including businesses and retail establishments, violating the provisions of this section shall be subject to a civil fine of not less than $250 and not more than $2,500, plus court costs. Each day of the existence of any violation of this section shall be considered a separate offense.
(F) If any of the aforementioned substances or products is found in the possession of any person or entity, they may be confiscated and destroyed by any law enforcement official as provided by law, and any aforementioned substance(s) or product(s) reasonably suspected to be described herein may be photographed as evidence pending adjudication of the alleged violation.
(Ord. 2010-5, passed 12-16-10) Penalty, see § 130.99