a. To the extent there is no lawful preemption of authority or jurisdiction of the Town of Schererville on these matters and products, it is unlawful for any person to purchase, possess, sell, and offer for sale within the town products containing synthetic cannabinoids, or similar products that 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-(l-naphythoyl) indole, also known as JWH-018;
3. 1-Butyl-3-(l-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 l-(3-trifluoromethylphenyl) piperazine; or
6. Cannabicyclohexanol, a substance also know as 2-[(1R,3S)-3-hydroxyxyclohexy] -5-(2-methylnonan-2-yl) phenol; and
7. Any other relevant compound or derivative.
(hereinafter, “products”)
b. To the extent there is no lawful preemption of authority or jurisdiction of the Town of Schererville on these matters and products, 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 town, the products or any other product containing synthetic cannabinoids.
c. To the extent there is no lawful preemption of authority or jurisdiction of the Town of Schererville on these matters and products, it is unlawful for any person, entity or retail/business establishment to sell, publicly display for sale, or attempt to sell, give, or barter the Products or any other synthetic cannabinoids, or synthetic equivalents of substances contained in the plant described as Cannabis, or in the resinous extractives of Cannabis, or synthetic substances, derivatives, or their isomers with similar chemical structure and pharmacological activity, or any substance that claims such properties even if in actuality it does not. Because the nomenclature of these substances and products are not internationally standardized, compounds of these structures, regardless of the numerical designation of atomic position, are similarly prohibited.
d. To the extent there is no lawful preemption of authority or jurisdiction of the Town of Schererville on these matters and products, persons violating the provisions of this section shall be subject to a fine of not less than two hundred fifty dollars ($250.00) and not more than two thousand five hundred dollars ($2,500.00), plus court costs and attorney fees, to the extent permitted by applicable law, associated with the enforcement of this section. Each day of the existence of any violation of this section shall be considered a separate offense.
e. To the extent there is no lawful preemption of authority or jurisdiction of the Town of Schererville on these matters and products, entities, including businesses and retail establishments, violating the provisions of this section shall be subject to a fine of not less than seven hundred fifty dollars ($750.00) and not more than seven thousand five hundred dollars ($7,500.00), plus court costs and attorney fees, to the extent permitted by applicable law, associated with the enforcement of this section. Each day of the existence of any violation of this section shall be considered a separate offense. A second conviction under this section shall result in the business license being revoked, in addition to the above-mentioned civil fees.
f, To the extent there is no lawful preemption of authority or jurisdiction of the Town of Schererville on these matters and products, if any of the aforementioned substances or products is found in the possession of any person or entity, such may be confiscated and destroyed by any law enforcement official as provided by law, and any aforementioned substances or products reasonably suspected to be described herein may be photographed as evidence pending adjudication of the alleged violation.
g. It is not an offense if an 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.
h. To the extent there is no lawful preemption of authority or jurisdiction of the Town of Schererville on these matters and products, this section does not apply to any individual or business that 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 or dental purpose.
i. The Town Attorney shall have the authority to seek an injunction and all appropriate equitable relief to prevent the selling or offering to sell the products prohibited herein in violation of this section by any business that refuses or fails to comply with this section.
j. After review and consideration of the most current information concerning the above-mentioned synthetic cannabinoid and products, as defined herein, or similar in nature and type, issued by the FDA (United States Department of Agriculture), the Town Council concurs and agrees that this section is adopted strictly for the purposes of protecting health, safety, and welfare of its residents, and to preserve the peace, order, and safety of the community to the extent it can be enforced.
(Ord. No. 1783, §§ 1-10, 12-8-10)