(A) It is hereby declared to be unlawful for any person to give, barter or sell within the town limits:
(1) Salviadivinorum or salvinorum A; all parts of the plant 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;
(2) (6aR,10aR)-9-(hyroxymethyl)-6, 6dimethyl-3-(2-methyloctan-2-yl)-6a,7,10510a- tetrahydoben2o[c]chromen-1-o1, some trade or other names: HU-210;
(3) 1-Pentyl-3-(1 naphthoyl) indole-some trade or other names: JWH-018 spice;
(4) 1-Butyl-3-(1 naphthoyl) indole-some trade or other names: JWH-073;
(5) N-benzylpiperazine-some other trade names: BZP;
(6) 1-(3-[txifLuoromethylphenyl]) piperazine-some trade or other names: TFMPP; or
(7) Any similar substance.
(B) It is unlawful for any person to use, possess, purchase or attempt to purchase, within the town limits:
(1) Salviadivinorum or salvinorum A; all parts of the plant 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;
(2) (6aR,10aR)-9-{h.yroxymethyl)-6, 6dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a -tetrahydobenzo[c]chromen-l-ol some trade or other names: HU-210;
(3) 1-Pentyl-3-(1 naphthoyl) indole-some trade or other names: JWH-018 spice;
(4) l-Butyl-3-(1 naphthoyl) indole-some trade or other names: JWH-073;
(5) N-benzylpiperazine-some other trade names: BZP;
(6) 1-(3-[trirluoromethylphenyl]) piperazine-some trade or other names: TFMPP; or
(7) Any similar substance.
(C) Any of the aforementioned substances found in the possession may be confiscated and destroyed by law enforcement officials.
(D) It is not an offense under division (B) above if:
(1) Any person was acting at the direction of an authorized agent of the town to enforce or ensure compliance with this law prohibiting the sale of the aforementioned substance; or
(2) The person was acting as an agent of a retail provider within the scope of employment.
(E) It is unlawful for any person to knowingly breathe, inhale or drink any compound, liquid or chemical listed within this section, or a similar substance for the purpose of inducing a condition of intoxication, stupefication, giddiness, paralysis, irrational behavior or in any manner, changing, distorting or disturbing the auditory, visual or mental process.
(F) It is unlawful for any person to knowingly, within the town limits, sell, offer for sale, deliver, give or possess with the intent to sell, deliver or give to any other person any compound, liquid or chemical set forth herein, or other substance that will induce a condition of intoxication through breathing or inhalation if he or she has reasonable cause to believe that the compound, liquid or chemical sold, offered for sale, delivered, given or possessed with the intent to sell, or give will be used for the purpose of violating this section.
(G) This section does not apply to any person who 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 purpose or dental purpose.
(H) Any person found to be in violation of this section will be guilty of a misdemeanor and subject to a fine not to exceed $435.
(I) This section is being adopted by the Town Council that perceives this as an immediate health hazard and this section shall be in full force and effect from and after its passage and publication.
(Ord. 4-10-404A, passed 1-3-2011)