(a) The following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
(1) "Synthetic cannabinoids" means any material, compound, mixture, or preparation containing any detectable quantity of synthetically produced cannabinoids, their salts, isomers and salts of isomer, unless specifically excepted elsewhere in this section. Since nomenclature of these synthetically produced cannabinoids are not internationally standardized and may continually evolve, these structures or compounds of these structures shall be included under this division, regardless of their specific numerical designation of atomic positions covered, so long as it can be determined through some form of scientific testing or analysis that the substance contains properties that fit within one or more of the following categories:
A. “Tetrahydrocannabinoids.” Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabinoids plant), as well as synthetic equivalents of the substances contained in the plant, or in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)
B. “Naphthoylindoles.” Any compound containing a 3-(1-naphthoyl) indole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkymenthyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
C. “Naphthylmethylindoles.” Any compound containing a 1H-indol-3-yl-(1-naphthyl) methane structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substitution in the indole ring to any extent and whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
D. “Naphthylmethylindenes.” Any compound containing 3-(1-naphthoyl) pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent.
E. “Naphthylmethylindenes.” Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent.
F. “Phenylacetylindoles.” Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, l-(N-methyl-2-piperdinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substitution in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent.
G. “Cyclohexylphenols.” Any compound containing a 2-(3-hydroxycyclohexyl) phenol structure with substitution at the 5-position of the phenolic ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not substituted in the cyclohexyl ring to any extent.
H. “Benzoylindoles.” Any compound containing a 3-(benzoyl) indole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.
I. 2,3-Dihydro-5-methyl-3- (4-morpholinylmethyl) pyrrolo [1,2,3,de]-1,4-benzoxazin-6-yl—1- napthalenylmethanone. Some trade or other names: WIN 55,212-2.
J. “Dibenzopyrans.” Including but not limited to (6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol. Some trade or other names: HU-210, JWH-051, JWH-139, JWH-161, JWH-229 and JWH-359.
K. PB-22 (1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid).
L. 5-fluoro PB-22 (8-quinolinyl ester-1-(5-flouropentyl)-1H-indole-3-carboxylic acid).
M. BB-22 (1-cyclohexylmethyl)-8-quinolinyl ester-1H-indole-3-carboxylic acid).
These products include, but are not limited to being contained in preparations such as incense, potpourri, plant fertilizers, insect repellant and are marketed with brand names including but not limited to K2, K3, K4, Spice and Spike.
(2) "Substituted cathinones" means any compound (except bupropion), mixture, or preparation structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is modified in any of the following ways, that is to say:
A. By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
B. By substitution at the 3-position with an acyclic alkyl substituent;
C. By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.
These include but are not limited to 3.4-Methylenedipxypyrovalerone (MDPV), 4-methylmethcathinone (mephedrone, 4-MMC), 4-fluoromethcathinone (flephedrone), 3,4-methylenedioxymethcathinone (methylone), butylone, and naphyrone. These compounds are often found in a class of novelty products commonly sold as "bath salts". These substances are sold with trade names including but not limited to MDPK, Magic, Super Coke, PV, POSH, Cloud 9, Ivory Wave, Ocean, Charge Plus, White Lightning, Scarface, Hurricane Charlie, Vanilla Sky, Bonzai Grow, Blue Silk, Serenity Now, Lovely Dovey, Euphoria, Aura, Red Dove and White Dove.
(3) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of synthetic cannabinoids or synthetic drugs, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical syntheses, and includes any packaging or repackaging of synthetic cannabinoids or synthetic drugs or labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of synthetic cannabinoids or synthetic drugs as an incident to lawful research, teaching or chemical analysis and not for sale.
(4) "Person" means by individual, corporation, business trust, estate, trust, partnership or association, or any other entity.
(5) "Possession." Possession may be either actual or constructive:
A. “Actual possession” means exercising physical dominion
B. “Constructive possession” may be inferred if the defendant has intent and capacity to maintain control and dominion over the cannabinoids, synthetic drug or drug paraphernalia.
(6) "Produce or production" means planting, cultivating, tending or harvesting.
(7) "Sale" means delivery, barter, exchange, transfer, or gift, or offer thereof, and each transaction of those natures made by any person, whether as principal, proprietor, agent, servant, or employee.
A. It shall be unlawful for any person to knowingly or under any circumstances where one reasonably should know, to sell, give, exchange, or otherwise distribute to any persons any product containing the substances included in the definition of synthetic cannabinoids or substituted cathinones.
B. It shall be unlawful for any person to knowingly, or under any circumstances where one reasonably should know, to display for sale or possess with intent to distribute any product containing the substances included in the definition of “synthetic cannabinoids” or “substituted cathinones”.
C. It shall be unlawful for any person to use, or to possess with intent to use, ingest, inhale, or otherwise introduce into the human body any product containing the substances included in the definition of “synthetic cannabinoids” or “substituted cathinones”.
D. Whoever violates this section is guilty of using, possessing, or selling synthetic cannabinoids or other synthetic drugs, a misdemeanor of the first degree.
(Ord.18-2011, passed 6-20-2011; Ord. 18-2013, passed 4-15-2013)