(a) Definitions. For purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this paragraph:
(1) "Policing Agency" is any law enforcement agency with jurisdiction within the City of South Charleston, including but not limited to, the Kanawha County Sheriff's Department, the City of South Charleston Police Department and the West Virginia State Police Department.
(2) "Retail Establishment" is any person, business, corporation, or other entity holding or operating under a state retail merchant's license or City business license.
(3) "Synthetic Equivalents" includes any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with illegal cocaine; or, has a stimulant, depressant, or hallucinogenic effect on the central nervous system to that of cocaine.
(4) "Synthetic Cocaine" includes any substance which has a chemical composition equivalent, similar or identical to that of natural cocaine under any name, including but not limited to "Charge", "Ivory", "Vanilla Sky", or "bath salts", regardless of packaging, flavor or, any disclaimer that might suggest product is not intended for human consumption.
(b) Prohibition. It is hereby prohibited within the City of South Charleston for any retail establishment to sell, to publicly display for sale, or attempt to sell, give or barter, or for any person to possess synthetic cocaine or any substance containing coca leaves (DEA Drug Code No. 9040), and any salt, compound, isomer, salt of an isomer, derivative, or preparation of coca leaves including cocaine (DEA Drug Code No. 9041) or ecgonine (DEA Drug Code No. 9180), and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine (for the purpose of this paragraph, the term "isomer" includes optical, positional and geometric isomers). Since nomenclature or these substances is not internationally standardized, synthetic cocaine and synthetic equivalent compounds of these structures, regardless of numerical designation of atomic positions, are similarly prohibited.
(c) Enforcement. This section may be enforced by any policing agency. Further, upon discovery of a violation, any policing agency is authorized to confiscate any product that is hereby prohibited by ordinance.
(d) Penalty. Any person found in violation of this section shall be fined up to five hundred dollars ($500.00) and/or imprisoned 30 days in jail.
(Ord. 2140. Passed 1-20-11.)