(A) Definitions:
DELIVER OR DELIVERY: Actual, constructive, or attempted transfer of possession of synthetic cannabis, with or without consideration, whether or not there is an agency relationship.
MANUFACTURE: The production, preparation, propagation, compounding, conversion or processing of synthetic cannabis, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of synthetic cannabis or labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of synthetic cannabis as an incident to lawful research, teaching or chemical analysis and not for sale.
POSSESSION: Possession may be either actual or constructive:
1. Actual possession means exercising physical domain.
2. Constructive possession may be inferred if the defendant has intent and capacity to maintain control and dominion over the cannabis or drug paraphernalia.
SYNTHETIC CANNABIS: An herbal and chemical product which mimics the effect of cannabis including, but not limited to, synthetic cannabinoids, cannabioyclohexanol, JWH-018, JWH-073, HU-210, AM-694, CP 47, 497 and C6, C8 and C9 homologues; HU-210; HU-211; JWH-015; JWH-081; JWH-122; JWH-251; RCS-8; naphthoylindoles; naphthoylpyrroles; naphthylmethlyindenes; phenylacetylindoles; or cyclohexylphenols.
(B) Possession, Sale Or Delivery Of Synthetic Cannabis Prohibited:
1. Violation: No person shall possess, sell or deliver any substance containing synthetic cannabis.
2. Penalty: Any person who pleads guilty or is found guilty by a court of law shall be punished by minimum fine of not less than one hundred dollars ($100.00) and no more than seven hundred fifty dollars ($750.00).
3. Forfeiture: Any items which may be seized or forfeited pursuant to 720 Illinois Compiled Statutes 550/12, may be forfeited in the same manner as described therein for a violation of this section. (Ord. 1493, 9-12-2011)