(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 of the following herbal or chemical based substances containing any of the following:
A. Salviadivinorum or salvinorum A: all parts of the plants presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts.
B. (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyll-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a- tetrahydrobenzo [c] chromen-1-ol some trade or other names: HU-210.
C. 1-Pentyl-3-(I-naphthoyl)indole-some trade or other names: JWH-018/spice.
D. 1-Butyl-3-(1naphthoy)indole-some trade or other names: JWH-073.
E. 1-(3-[trifluoromethylphenyl]) piperazine-some trade or other names: TFMPP.
F. Cannabicyclohexanol, a substance also known as 2-[(1R, 3S)-3-hydroxycyclohexyl]-5- (2-methylnonan- 2-yl)phenol.
G. JWH-250, a substance also known as 2-(2-methoxyphenyl)-1-(1-pentylindo1-3-yl)ethanone.
H. Any other similar structural analogs.
(4) "Synthetic Marijuana" includes any herb or incense marketed under any name, including but not limited to K2, Spice, Acapulco Spices, Serenity Now, Spice Gold, Shokotsu, Afghan Incense, Baked, Black Magic, Buss, Cherry Charm, Fire Bird, Fire "N" Ice, Pulse, Solitude or Voodoo, all regardless of the flavor.
(b) Prohibition. It is hereby prohibited within the City of South Charleston for any retail establishment to possess, sell, to publicly display for sale, or attempt to sell, give or barter, or for any person to possess synthetic marijuana or any synthetic equivalents of the substances contained the plant Cannabis, or in the resinous extractives of Cannabis and/or synthetic substances, derivatives, or their isomers with similar chemical structure and pharmacological activity, or any substance which claims such properties even if in actuality it does not. Since nomenclature of these substances is not internationally standardized, synthetic marijuana 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. 2141. Passed 2-17-11.)