CITY ORDINANCES – SYNTHETIC SUBSTANCES
This project was supported by Grant No. G1299ONDCP03A, awarded by the Office of National
Drug Control Policy. Points of view or opinions in this document are those of the author and do
not necessarily represent the official position or policies of the Office of National Drug Control
Policy or the United States Government.
1
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Please be aware that this compilation does not include all city ordinances as not all ordinances
are available online or may not be available through the search engines used to compile this
document. Readers should check with their local city council for ordinances if there is any
question as to whether a particular substance is illegal in their city.
This compilation includes ordinances for the following cities:
Alabama:
Anniston
Alaska:
Anchorage
Juneau
Arkansas:
Benton County
Fort Smith
California:
Colusa
Fontana
Rialto
Delaware:
Dover
Florida:
Collier County
Coral Springs
Dania Beach
Davie
Deerfield Beach
Edgewater
Fort Lauderdale
Hillsboro County
Holly Hill
Key West
Lauderdale Lakes
Lighthouse Point
Miami
Miami-Dade County
Miami Gardens
Miramar
New Smyrna Beach
North Lauderdale
Ocala
Opa-locka
Parkland
Pasco County
South Daytona
St. Petersburg
Sweetwater
Tamarac
Tampa
Georgia:
Bartow County
Forsyth County
Idaho:
Madison County
Preston
Illinois:
Auburn
Aurora
Bartonville
Burbank
Carpentersville
Centralia
Chicago
Collinsville
Edwardsville
Geneva
Harwood Heights
Joliet
Montgomery
Morris
Mundelein
New Lenox
Norridge
North Aurora
Roselle
Salem
Springfield
West Chicago
Wheeling
Indiana:
Fowler
Franklin
Griffith
Indianapolis-Marion County
Kendallville
Lafayette
Munster
Portage
St. John
Wabash
Kentucky:
Henderson
Mayfield
Louisiana:
Baton Rouge
Caddo Parish
DeQuincy
Lake Charles
Marksville
New Orleans
Terrebonne Parish
Vivian
2
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Maryland:
Ocean City
Prince George’s County
Massachusetts:
Fall River
Michigan:
Canton Charter Township
Commerce Charter Township
Dearborn
Eastpointe
Flat Rock
Hazel Park
Redford Charter Township
Riverview
Rochester
South Rockwood
Southfield
Sumpter Township
Wixom
Minnesota:
Duluth
Mississippi:
Biloxi
Columbus
Corinth
D’Iberville
Grenada
Gulfport
Ocean Springs
Olive Branch
Oxford
Southaven
Tupelo
Missouri:
Butler
Cameron
Crystal City
Hannibal
St. Clair
New Mexico:
Farmington
Hobbs
New York:
Rome
Oregon:
Ontario
South Carolina:
Anderson County
Chester County
Columbia
Hartsville
Lexington County
Rock Hill
Spartanburg
Tennessee:
Bristol
Clarksville
Gallatin
Texas:
Alice
Allen
Alvarado
Angleton
Aransas Pass
Blach Springs
Bay City
Baytown
Bedford
Belton
Brenham
Bridge City
Brownwood
Bryan
Bullard
Burleson
Burnet
Carrollton
Cedar Hill
Cleveland
Clute
College Station
Conroe
Coppell
Corpus Christi
Corsicana
Crowley
Decatur
Deer Park
Denison
Denton
Dickinson
Duncanville
Early
Eastland
Ennis
Euless
Farmers Branch
Farmersville
Fate
Fort Stockton
Fulton
Gainesville
George West
Graham
Grand Prairie
Groves
Hewitt
Ingleside
Irving
Justin
Keller
Kerrville
Kingsville
Kyle
La Porte
Lake Jackson
Levelland
Lewisville
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© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Little Elm
Livingston
Llano
Lorena
Lumberton
Marshall
McKinney
McLendon-Chisholm
Mesquite
Mineola
Mineral Wells
Murphy
Nederland
North Richland Hills
Orange
Palestine
Paris
Pearland
Port Arthur
Port Lavaca
Port Neches
Portland
Richardson
Richwood
Roanoke
Rockwall
Sachse
Santa Fe
Schertz
Silsbee
Southlake
Sweetwater
Tomball
Texarkana
Uvalde
Van
Vernon
Vidor
Waxahachie
Weatherford
Wharton
White Oak
White Settlement
Winona
Wylie
Utah:
American Fork
Iron County
Panguitch
Uintah County
Wisconsin:
Antigo
Ashwaubenon
Bayside
Beaver Dam
Brillion
Clinton
Cudahy
Cumberland
De Pere
Eagle River
Fort Atkinson
Germantown
Greenfield
Howard
Little Chute
Menomenee Falls
Merrill
Merton
Milton
Minocqua
Neenah
Omro
Racine
Racine County
Rhinelander
Ripon Roberts
Schofield
Spooner
Sturgeon Bay
Superior
Waupaca
West Milwaukee
Whitewater
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© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
ALABAMA
Anniston, AL
Chapter 17. Offenses – Miscellaneous.
Article VIII. Synthetic Cannabinoids; Salvia.
Sec. 17.71. - Definitions.
“Banned smoking product” shall mean any substance whether described as tobacco herbs,
incense spice, aromatherapy incense, aromatic substance that may cause sense of euphoria,
novelty aromatic, or any blend there of regardless of whether the substance is marketed for the
purpose of being smoked which includes, but not limited to, any one or more of the following
chemicals:
(1)
Salvia divinorum 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)
2-[lR,3S)-3-hydroxycyclohexyl]-5-(2methyloctan-2-yl)phenol (also known as CP47,497)
and homologues;
(3)
(6aR, 1OaR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo [c]chromen-l-ol, some other trade or other names: HU-210.
(4)
l-Pentyl-3-(l-naphthoyl) indole, some trade or other names: JWH-018.
(5)
l-Butyl-3-(l-naphthoyl) indole, some trade or other names: JWH-073.
(6)
(4-methoxynaphthalen-l-yl-(lpentylindol-3-yl) methanone, some trade or other names:
JWH-081.
Products containing some or all of the above substances are currently being marketed under the
following commercial names: "K-2", "K-2 Summit", "Genie", "Dascents", "Zohai", "Sage",
"Spice", "KO Knockout 2","Spice Gold", "Spice Diamond", "Yucatan fire", "Solar Flare", "Pep
Spice", "Fire N' Ice", "Black Magic Smoke" and "Salvia Divinorum".
Any product containing any of the chemical compounds set forth above shall be subject to the
provisions of this article, regardless of whether they are marketed under alternative names.
"Banned smoking product" shall also include all tobacco herbs, incense spice, aromatherapy
incense, aromatic substance, or any blend thereof that may not contain any chemical listed above
5
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
but may cause sense of euphoria or in any way mimics the side effects of marihuana usage and
any side effect that may alter mental state of person(s).
Nothing in this article bans prescription medicine or medicines dispensed by a hospital or health
care facility.
“Ingestion device” shall mean equipment, product or material that is used, intended for use, or
designed for use in ingesting, inhaling, or otherwise introducing an illegal or banned smoking
product into the human body such as, but not limited to:
(1)
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipe with or without screens,
permanent screens, hashish heads or punctured metal bowls;
(2)
Water pipes;
(3)
Carburetion tubes or devices;
(4)
Smoking and carburetion masks;
(5)
Roach clips: meaning objects used to hold burning material, such as marihuana cigarette,
that has become too small or too short to be held in the hand;
(6)
Chamber pipes;
(7)
Carburetor pipes;
(8)
Electric pipes;
(9)
Air driven pipe;
(10)
Chillum;
(11)
Bongs;
(12)
Ice pipes or chillers;
(13)
Glass tubes which are hollow, cylindrical items made of glass which is smaller than
three-quarters (¾) of an inch in diameter, shorter than twelve (12) inches in length, and
which are not sealed with glass at both ends.
Person shall mean an individual, corporation, partnership, wholesaler, retailer or any licensed or
unlicensed business.
(Ord. No. 11-O-30, § 1, 10-11-2011)
6
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 17.72. - Sell, offer, gift, display or possession.
It shall be unlawful for any person(s) to use, possess, purchase, barter, give, publicly display,
sell, or offer for sale within the city limits of Anniston, Alabama any banned smoking product or
ingestion device.
(Ord. No. 11-O-30, § 2, 10-11-2011)
Sec. 17.73. - Use or possession of ingestion devices.
It shall be unlawful for any person(s) to use or possess with intent to use an ingestion device to
inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product.
(Ord. No. 11-O-30, § 3, 10-11-2011)
Sec. 17.74. - Penalty.
Any person, firm, corporation or entity violating this article, as it exists or may be amended,
upon conviction thereof, shall be fined a sum not exceeding five hundred dollars ($500.00) and
may be sentenced up to sixty (60) days in jail. Conviction of this article may also result in the
city revoking any person, firm, corporation or entity's privilege of operating a business within the
city limits of the city. Each continuing day's violation under this article shall constitute a separate
offense.
(Ord. No. 11-O-30, § 4, 10-11-2011)
Sec. 17.75. - Savings/repealing clause.
All provisions of any ordinance in conflict with this article are hereby repealed to the extent they
are in conflict; but such repeal shall not abate any pending prosecution for violation of the
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinance shall remain in full force and effect.
(Ord. No. 11-O-30, § 5, 10-11-2011)
Back to Top 
7
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
ALASKA
Anchorage, AK
Title 8. Penal Code.
Chapter 8.35. Drug Abuse and Paraphernalia.
8.35.010 - Definitions.
A.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Analogue means a chemical compound that is structurally similar to another but differs slightly
in composition (as in the replacement of one atom by an atom of a different element or in the
presence of a particular functional group).
Controlled substance means a substance identified as a controlled substance by AS 11.71 and
listed on Schedule IA, IIA, IIIA, IVA, VA, or VI6 in AS 11.71.140—AS 11.71.190.
Drug paraphernalia means any items whose objective characteristics or objective manufacturer's
design indicate that it is intended for use in the consumption, ingestion, inhalation, injection or
other method of introduction of:
1.
A controlled substance into the human body or to facilitate a violation of AS 11.71; or
2.
A product containing illegal synthetic cannabinoids under section 8.35.100 or an illegal
synthetic compound under section 8.35.110
Drug paraphernalia includes but is not limited to:
1.
Kits used or intended for use in planting, propagating, cultivating, growing or harvesting
of any species of plant which is a controlled substance or from which a controlled substance can
be derived.
2.
Kits used or intended for use in manufacturing, compounding, converting, producing,
processing, or preparing controlled substances.
3.
Isomerization devices used or intended for use in increasing the potency of any species of
plant which is a controlled substance.
4.
Testing equipment used or intended for use in identifying or in analyzing the strength,
effectiveness or purity of controlled substances except for use by or under the direction of law
enforcement agencies or medical research or treatment facilities.
8
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
5.
Scales and balances used or intended for use in weighing or measuring controlled
substances.
6.
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and
lactose, used or intended for use in cutting controlled substances.
7.
Separation gins and sifters used or intended for use in removing twigs and seeds from, or
in otherwise cleaning or refining, marijuana.
8.
Blenders, bowls, containers, spoons and mixing devices used or intended for use in
compounding controlled substances.
9.
Capsules, balloons, envelopes and other containers used, intended for use or designed for
use in packaging small quantities of controlled substances.
10.
Containers and other objects used or intended for use in storing or concealing controlled
substances.
11.
Hypodermic syringes, needles and other objects used or intended for use in parenterally
injecting controlled substances into the human body.
12.
Objects used or intended for use in ingesting, inhaling or otherwise introducing
marijuana, cocaine, hashish or hashish oil into the human body, such as:
a.
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens,
permanent screens, hashish heads or punctured metal bowls.
b.
Water pipes.
c.
Carburetion tubes and devices.
d.
Smoking and carburetion masks.
e.
Roach clips: meaning objects used to hold burning material, such as a marijuana
cigarette, that has become too small or too short to be held in the hand.
f.
Miniature cocaine spoons and cocaine vials.
g.
Chamber pipes.
h.
Carburetor pipes.
i.
Electric pipes.
9
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
j.
Air-driven pipes.
k.
Chillums.
l.
Bongs.
m.
Ice pipes or chillers.
n.
Crack (cocaine) bongs, stems, or pipes.
o.
Crank (methamphetamine) bongs or pipes.
Drug paraphernalia also means any item where circumstances reasonably indicate that the
subjective intent of it's possessor is to use it or sell it for the consumption, ingestion, inhalation,
injection or other method of introduction of a controlled substance into the human body or to
facilitate a violation of AS 11.71. Circumstances to be considered in assessing the subjective
intent include but are not limited to:
1.
Statements by the manufacturer, the owner or by anyone in control of the object
concerning its use.
2.
Prior convictions, if any, of an owner, or of anyone in control of the object, under any
state or federal law relating to any controlled substance.
3.
The proximity of the object, in time and space, to a direct violation of AS 11.71.010-060
or AS 17.30.020-080.
4.
The proximity of the object to controlled substances.
5.
The existence of any residue of controlled substances on the object.
6.
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the
object, to deliver it to persons who he knows, or should reasonably know, intend to use the object
to facilitate a violation of AS 11.71.010-060 or AS 17.30.020-080. The innocence of an owner,
or of anyone in control of the object, as to a direct violation of AS 11.71.010-060 or AS
17.30.020-080 shall not prevent a finding that the object is intended for use as drug
paraphernalia.
7.
Instructions, oral or written, provided with the object concerning its use.
8.
Descriptive materials accompanying the object which explain or depict its use.
9.
National and local advertising concerning its use.
10
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
10.
The manner in which the object is displayed for sale.
11.
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or
related items to the community, such as a licensed distributor or dealer of tobacco products.
12.
Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the
business enterprise.
13.
The existence and scope of legitimate uses for the object in the community.
14.
Expert testimony concerning its use.
Homologue means one of a series of compounds distinguished by addition of a CH2 group in
successive members.
Sell and sale mean the commercial transfer of ownership, possession or use of drug
paraphernalia in the regular course of a wholesale or retail business for consideration of any type.
(AO No. 81-219; AO No. 98-59(S), § 1, 5-19-98; AO No. 2000-95, § 11, 10-16-00; AO No.
2010-87(S), § 2, 12-7-10; AO No. 2011-106(S), § 2, 11-8-11)
Cross reference— Definitions and rules of construction generally, § 1.05.020.
8.35.100 - Synthetic cannabinoids.
A.
It shall be unlawful for any person or entity to knowingly manufacture, assemble,
distribute, dispense, sell, attempt to sell, give, trade, barter, transfer, or to otherwise furnish in a
single transaction any product or combination of products containing synthetic cannabinoids,
such as products commonly known as "K2", "Spice", "Genie", "DaScents", "Zohai" or similar
products. Synthetic cannabinoids contain one or more of the following chemical compounds:
1.
HU-210: (6aR, 10aR)-9-(hydroxymehty1)-6,6 dimethyl-3-(2methyloctan-2-yl)-6a,7,10,
10a-tetrahydrobenzo[c]chromen-1-ol, or 6aR-trans-3-(1,1-Dimethylheptyl)-6a,7,10, 10atetrahydro-1-hydroxy-6,6-dimethyl-6H-dibenzo[b,d]pran-9-methanol;
2.
HU-211: (6aS, 10aS)-9- (hydroxmethy1)-6,6-dimethyl-3-(2-methyloctan-2-y1)6a,7,10,10a-tetsahydrobenzo[c]chromen-1-ol) (also known as Dexanabinol);
3.
CP47,497 and homologues: 2-[(IR,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2y1)phenol;
4.
JWH-018: 1-Pentyl-3-(1-naphthoyl)indole;
5.
JWH-019: 1-Hexyl-1-(1-naphthoyl)indole);
11
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
6.
JWH-073: 1-Butyl-3-(1-naphthoyl)indole);
7.
JWH-081: 1-pentyl-3-(4-methoxy-1-napthoyl)indole, (also known as 4methoxynapthalen-1-yl-(1-pehtylindol-3-yl)methanon);
8.
JWH-200: 1-[2-4-morpholiny)ethyl]-3-(1-naphthoyl)indole;
9.
JWH-250: 1-pentyl-3-(2-methoxyphenlacetyl)indole, (also known as 2-(2methoxypehyl)-1-(1-pentylindol-3-yl)ethonone;
10.
JWH-398: 1-Pentyl-3-(4-chloro-1-napthoyl)indole)
11.
TEMPP: 1-(3 trifluoromethylphenyl) piperazine;
12.
BZP: N-benzylpiperazine; or
13.
Any other synthetic cannabinoids or derivatives, salts, isomers, or salts of isomers with
similar chemical structure and pharmacological activity as the substances described above.
14.
This prohibition shall also apply to any other equivalent compound, substance, or
derivative, whether described as tobacco, herbs, incense, food, nutrient, spice or any blend
thereof which, when smoked or ingested, mimics the effects of a controlled substance, regardless
of whether the substance is marketed for the purpose of being smoked or ingested.
B.
It shall be unlawful to manufacture synthetic cannabinoids described in subsection A.
within the municipality.
C.
It shall be unlawful for any person or entity to recklessly manufacture, assemble,
distribute, sell, market, display for sale, or offer for sale within the municipality products
containing synthetic cannabinoids described in subsection A.
D.
Products containing synthetic cannabinoids may not be possessed, ingested, burned,
incinerated or ignited in the Municipality.
E.
A person or entity violating the provisions of subsections A. or B. shall be guilty of a
misdemeanor and shall be punishable by:
1.
A fine of not more than $5,000 or imprisonment of not more than one year, or both.
F.
A person or entity violating the provisions of subsection C. shall be guilty of a
misdemeanor and shall be punishable by:
1.
A fine of not more than $5,000 or imprisonment of not more than six months, or both.
12
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
G.
A person or entity violating the provisions of subsection D. shall be guilty of a
misdemeanor and shall be punishable by:
1.
A fine of not more than $5,000.00 or imprisonment of not more than six months, or both.
H.
As an alternative to the remedies, procedures and penalties provided in this title and
section 1.45.010, a violation of subsection C. or D. may be charged as a civil violation subject to
and prosecuted in accordance with title 14, and in such case shall be punishable by a civil penalty
in accordance with chapter 14.60
I.
If, after multiple violations by the same person or entity, the municipal attorney and the
Anchorage Police Department determine the imposition of criminal penalties or civil fines will
not be effective in enforcing this section, the municipal attorney may seek any other remedies
provided by law, including injunctive relief.
J.
It is not an offense under this section if the person or entity was acting at the direction of
an authorized agent of the municipality to enforce or ensure compliance with this section.
K.
Any product described in subsection A. found in the illegal possession of any person or
entity may be confiscated and destroyed by the Municipality.
L.
This section does not apply to drugs or substances lawfully prescribed or drugs or
substances approved by the Federal Food and Drug Administration or drugs or substances
specifically permitted by state law.
(AO No. 2010-87(S), § 1, 12-7-10)
8.35.110 - Illegal synthetic compounds.
A.
It shall be unlawful for any person or entity to knowingly manufacture, assemble,
distribute, dispense, sell, attempt to sell, give, trade, barter, transfer, or to otherwise furnish in a
single transaction any product or combination of products containing:
1.
Cathinone or substituted cathinones, including any compound, except bupropion or a
compound listed in another schedule, structurally derived from 2-amino-1-phenyl-1-propanone
by modification in any of the following ways:
(a)
Substitution in the ring system to any extent (including alkyl, alkoxy, alkylenedioxy,
haloalkyl, or halide substituents), whether or not further substituted in the ring system by other
substituents;
(b)
Substitution at the 3-position with an alkyl substituent; or
13
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(c)
Substitution at the 2-amino nitrogen atom with alkyl or dialkyl groups, or inclusion of the
2-amino nitrogen atom in a cyclic structure.
2.
Compounds such as:
(a)
4-Methyl-N-methylcathinone (Also known as Mephedrone), its salts, optical isomers, and
salts of optical isomers;
(b)
3,4-Dimethylmethcathinone (Also known as 3,4-DMMC), its salts, optical isomers, and
salts of optical isomers;
(c)
3-Fluoromethcathinone (Also known as 3-FMC), its salts, optical isomers, and salts of
optical isomers;
(d)
4-Fluoromethcathinone (Also known as Flephedrone), its salts, optical isomers, and salts
of optical isomers;
(e)
3,4-Methylenedioxy-N-methylcathinone (Also known as Methylone);
(f)
3,4-Methylenedioxypyrovalerone (Also known as MDPV), its salts, optical isomers, and
salts of optical isomers;
(g)
alpha-Pyrrolidinopentiophenone (Also known as alpha-PVP);
(h)
Naphthylpyrovalerone (Also known as Naphyrone);
(i)
beta-Keto-N-methylbenzodioxolylpropylamine (Also known as Butylone);
(j)
beta-Keto-N-methylbenzodioxolylpentanamine (Also known as Pentylone);
(k)
beta-Keto-Ethylbenzodioxolylbutanamine (Also known as Eutylone); and
(l)
3,4-methylenedioxy-N-ethylcathinone (Also known as Ethylone);
(m)
methcathinone, its salts, optical isomers, and salts of optical isomers;
3.
Benzodiazepines, including Phenazepam;
4.
Benzylpiperazine (BZP); or
5.
Any other derivatives, analogues, homologues, salts, isomers, or salts of isomers with
substantially similar chemical structure and pharmacological activity as the substances described
above.
14
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
B.
It shall be unlawful to knowingly manufacture, assemble, distribute, dispense, sell,
attempt to sell, give, trade, barter, transfer, or to otherwise furnish in a single transaction any
other equivalent compound, substance, or derivative, whether described as tobacco, herbs,
incense, plant food, food, nutrient, dietary supplement, spice, bath salts or any blend thereof
which is not regulated or approved for human consumption by the U.S. Food and Drug
Administration, and when introduced into the body, induces the effects substantially similar to
that of a controlled substance, regardless of whether the substance is marketed for the purpose of
human consumption.
C.
It shall be unlawful for any person or entity to manufacture, assemble, distribute, sell,
market, display for sale, or offer for sale within the municipality products containing the
substances prohibited by subsections A. and B. It shall be unlawful to attempt the conduct
prohibited by this subsection.
D.
It shall be unlawful to knowingly possess, attempt to possess, inject, ingest, insert
rectally, burn, incinerate or ignite products containing substances prohibited by this section in the
municipality. For purposes of this section, a person knowingly possesses such substances when
the person knows the substance induces the effects described in this ordinance, regardless of
whether the person knows whether the chemical compounds described in subsection A. are
present in the product possessed.
E.
It shall be unlawful to possess, attempt to possess, inject, ingest, insert rectally, burn,
incinerate or ignite products containing substances prohibited by this section in the municipality.
F.
A person or entity violating the provisions of subsections A., B., or D. shall be guilty of a
misdemeanor and shall be punishable by a fine of not more than $5,000.00 or imprisonment of
not more than one year, or both.
G
. A person or entity violating the provisions of subsection C. shall be subject to a penalty
not to exceed $5,000.00 for each violation. For purposes of this subsection, each batch of a
substance described in subsection A. or B., or each day the person or entity engaged in the
prohibited conduct, shall constitute a separate violation.
H.
A person or entity violating the provisions of subsection E. shall be subject to a penalty
not to exceed $500.00 for each violation. For purposes of this subsection, each separately
packaged amount of a substance described in subsections A. or B. shall constitute a separate
violation.
I.
As an alternative to the remedies, procedures and penalties provided in this title and
section 1.45.010, a violation of subsection C. or E. may be charged as a civil violation subject to
and prosecuted in accordance with Title 14, and in such case shall be punishable by a civil
penalty in accordance with chapter 14.60
15
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
J.
The criminal penalties and civil fines authorized by this section are not exclusive, and the
municipality may seek any other remedies provided by law or equity, including injunctive relief,
for repeated violations of this section.
K.
It is not an offense under this section if the person or entity was acting at the direction of
an authorized agent of the municipality or other authorized law enforcement agency to enforce or
ensure compliance with this section.
L.
Any product described in subsection A. or B. found by or that comes in the possession of
a police officer or a municipal official may be confiscated as contraband and destroyed in
accordance with chapter 7.25 as such.
M.
This section does not apply to drugs or substances lawfully prescribed or drugs or
substances approved by the federal Food and Drug Administration or drugs or substances
otherwise specifically permitted by federal or state law.
N.
The use of the substances described in this section for bona fide research or educational
purposes under lawful federal, state or local authority is exempt from the prohibitions of this
section.
(AO No. 2011-106(S), § 1, 11-8-11)
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16
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Juneau, AK
Part II. Code of Ordinances.
Title 42. Penal Code.
Chapter 42.35. Synthetic Cannabinoids.
42.35.100 - Sale of synthetic cannabinoids.
(a)
It shall be unlawful for any person or entity to knowingly manufacture, assemble,
distribute, dispense, sell, attempt to sell, give, trade, barter, transfer, or to otherwise furnish in a
single transaction any product or combination of products containing synthetic cannabinoids,
such as products commonly known as "K2," "Spice," "Genie," "DaScents," "Zohai" or similar
products. Synthetic cannabinoids contain one or more of the following chemical compounds:
(1)
HU-210: (6aR, 1OaR)-9-(hydroxymehty1)-6,6 dimethyl-3-(2methyloctan-2-yl)6a,7,10,10a-tetrahydrobenzo[c]chromen-1-o1, or 6aR-trans-3-(1,1-Dimethylheptyl)-6a,7,10,10atetrahydro-1-hydroxy-6,6-dimethyl-6H-dibenzo[b,d]pran-9-methanol;
(2)
HU-211: (6aS, 10aS)-9- (hydroxmethy1)-6,6-dimethyl-3-(2-methyloctan-2-y1)6a,7,10,10a-tetsahydrobenzo[c]chromen-1-ol)(also known as Dexanabinol);
(3)
CP47,497 and homologues: 2-[(lR,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2y1)phenol;
(4)
JWH-018: 1-Pentyl-3-(1-naphthoyl)indole;
(5)
JWH-019: 1-Hexyl-1-(1-naphthoyl)indole);
(6)
JWH-073: 1-Butyl-3-(1-napthoyl)indole;
(7)
JWH-081: 1-pentyl-3-(4-methoxy-1-napthoyl)indole, (also known as 4methoxynapthalen-1-yl-(1-pehtylindol-3-yl)methanon);
(8)
JWH-200: 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole;
(9)
JWH-250: 1-pentyl-3-(2-methoxyphenlacetyl)indole, (also known as 2-(2methoxypehyl)-1-(1-pentylindol-3-yl)ethonone;
(10)
JWH-398: 1-Pentyl-3-(4-chloro-1-napthoyl)indole);
(11)
TEMPP: 1-(3 trifluoromethylphenyl) piperazine;
(12)
BZP: N-benzylpiperazine; or
17
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(13) Any other synthetic cannabinoids or derivatives, salts, isomers, or salts of isomers with
similar chemical structure and pharmacological activity as the substances described above.
(14) This prohibition shall also apply to any other equivalent compound, substance, or
derivative, whether described as tobacco, herbs, incense, food, nutrient, spice or any blend
thereof which, when smoked or ingested, mimics the effects of a controlled substance, regardless
of whether the substance is marketed for the purpose of being smoked or ingested.
(b)
It shall be unlawful for any person or entity to recklessly manufacture, assembly,
distribute, sell, market, display for sale, or offer for sale within the City and Borough products
containing synthetic cannabinoids described in subsection (a).
(c)
Products containing synthetic cannabinoids may not be possessed, ingested, burned,
incinerated or ignited in the City and Borough.
(d)
A person or entity violating the provisions of subsections (a) shall be guilty of a Class A
misdemeanor. A person or entity violating the provisions of subsection (b) shall be guilty of a
Class B misdemeanor. A person or entity violating the provisions of subsection (c) shall be guilty
of an infraction.
(e)
If, after multiple violations by the same person or entity, the City Attorney and the
Juneau Police Department determine the imposition of criminal penalties or civil fines will not
be effective in enforcing this section, the City Attorney may seek any other remedies provided by
law, including injunctive relief.
(f)
It is not an offense under this section if the person or entity was acting at the direction of
an authorized agent of the City and Borough to enforce or ensure compliance with this section.
(g)
Any product described in subsection (a) found in the illegal possession of any person or
entity may be confiscated and destroyed by the City and Borough.
(h)
This section does not apply to drugs or substances lawfully prescribed or drugs or
substances approved by the federal Food and Drug Administration or drugs or substances
specifically permitted by State law.
(Serial No. 2011-05, § 2, 2-28-2011, eff. 3-31-2011)
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18
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
ARKANSAS
Benton County, AR
Part II. Code of Ordinances.
Chapter 48. Offenses and Miscellaneous Provisions.
Article III. Drugs.
Division 2. Synthetic Cannabinoid.
Sec. 48-251.- Unlawful substances.
That it is hereby declared to be unlawful for any person to use, possess, purchase, attempt to
purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the
following substances within Benton County, Arkansas:
(1)
Salvia divinorum 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-(hydroxymethl)-6, 6dimethyl-3-(2-methyloctan-2yl)-6a, 7, 10, 10atetrahydrobenzoc chromen-1-ol some other trade names: HU-210;
(3)
l-Pentyl-3-(1-naphthoyl)indole-some trade or other names: JWH-01 8/spice;
(4)
l-Butyl-3-(Inaphtoyl) indole-some trade or other names: JWH-073;
(5)
l-(3-[trifluoremthylphenyl]) piperazine-some trade or other names: TFMPP;
(6)
Or any similar structural analogs.
(Ord. No. 10-20, art. 1, 5-11-10)
Sec. 48-252.- Enforcement.
That if any of the aforementioned substances are found in the possession of any person, they may
be confiscated and destroyed by law enforcement officials.
(Ord. No. 10-20, art. 2, 5-11-10)
Sec. 48-253.- Compliance.
That it is not an offense under section 48-251 above of this division if the person was acting at
the direction of an authorized agent of law enforcement to enforce or ensure compliance with
this law prohibiting the sale of the aforementioned substances.
(Ord. No. 10-20, art. 3, 5-11-10)
19
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 48-254.- Authorization.
That this division does not apply to any person who commits any act described in this division
pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or
prescribe such act. This division likewise does not apply to the inhalation of anesthesia for a
medical purpose or dental purpose.
(Ord. No. 10-20, art. 4, 5-11-10)
Sec. 48-255.- Penalties.
Any person found to be in violation of this division will be guilty of a misdemeanor and subject
to a term of imprisonment not to exceed one year and a fine not exceed $1,000.00 or both
imprisonment not to exceed one year and a fine not exceed $1,000.00.
(Ord. No. 10-20, art. 5, 5-11-10)
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20
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Fort Smith, AR
Chapter 14. Miscellaneous Provisions and Offenses.
Article II. Offenses Involving Public Safety.
Sec. 14-32. - Possession, sale and ingestion of certain substances.
(a)
It shall be unlawful for any person to use, possess, purchase, sell, publicly display for sale
or attempt to sell, give, or barter any one (1) or more of the following substances within the city
limits of the City of Fort Smith, Arkansas:
(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-(hydroxymethyl)-6, 6dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10atetrahydrobenzo[c]chromen-1-ol 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-(1naphthoyl)indole—Some trade or other names: JWH-073
(5)
N-benzylpiperazine—Some other trade names: BZP
(6)
1-(3-[trifluoromethylphenyl]) piperazine—Some trade or other names: TFMPP
(7)
Or any similar substance.
(b)
It is not a violation of this section if a person was acting under the supervision of an
authorized law enforcement officer to enforce or ensure compliance with this section.
(c)
It is unlawful for any person, knowingly, to breathe, inhale or drink any compound, liquid
or chemical listed within this article, or a similar substance for the purpose of inducing a
condition of intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any
manner, changing, distorting or disturbing the auditory, visual, or mental process.
(d)
It is unlawful for any person, within the city limits of the City of Fort Smith, Arkansas,
knowingly, to 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.
21
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(e)
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 or dental purpose.
(f)
Any person found to be in violation of this section will be guilty of a misdemeanor and
upon conviction shall be subject to the penalties set forth in section 1-9 of this Code of
Ordinances.
(Ord. No. 27-10, 6-15-10)
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22
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
CALIFORNIA
Colusa, CA
Chapter 11B. Public Safety, Morals, and Welfare.
Article I. Psychoactive Bath Salts and Psychoactive Herbal Incense and Other Synthetic Drugs.
Sec. 11B-1. - Purpose and intent.
Sec. 11B-2. - Definitions.
Sec. 11B-3. - Possession of synthetic cannabinoids or substituted cathinones prohibited.
Sec. 11B-4. - Public nuisance.
Sec. 11B-5. - Enforcement.
Sec. 11B-6. - Exemption for approval by FDA or California law.
Sec. 11B-1. - Purpose and intent.
The purpose and intent of this article is to address the dangers to the community posed by the
distribution, use, purchase or advertisement of psychoactive bath salts, psychoactive herbal
incense, and similar products, and to provide the city with reasonable measures to abate the
public nuisance created by such conduct.
(Ord. No. 480, § II, 7-17-2012)
Sec. 11B-2. - Definitions.
(a) "Advertising" means printed matter that calls the public's attention to things for sale.
(b) "Distribute," "distributing" or "distribution" means and covers the following activity: to offer
for sale, distribute, furnish, gift, transfer, exchange or give, to any person and each transaction of
those natures made by any person, whether as principal, proprietor, agent, servant, or employee.
(c) "Person" means any individual, corporation, business trust, estate, trust, partnership or
association, or any other entity responsible for "distributing" psychoactive bath salts and
psychoactive herbal incense.
(d) "Possession" means having for use or sale in one's actual or constructive custody and/or
control, and/or under one's authority or power, whether such custody, control, authority and/or
power be exercised solely or jointly with others.
(e) "Psychoactive bath salts" are defined as follows:
(1) Any crystalline or powder product that contains a synthetic chemical compound that elicits
psychoactive or psychotropic stimulant effects including, but not limited to, the following
substances: 3,4-Methylenedioxymethcathinone (Methylone), 3,423
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Methyenedioxypyrovalerone(MDPV), 4-Methylmethcathinone (Mephedrone), 4Methoxymethcathinone (Methedrone, 4-Fluoromethcathinone (Flephedrone), 3Fluoromethcathinone (3-FMC), naphthylpyrovalerone and 2-amino-1-phenyl-1-propanone
(cathinone) or any derivatives, synthetic substances and their isomers with similar chemical
structure or any chemical alteration of these compounds which exhibit the same effects and/or
any other substantially similar chemical structure or compound.
(2) Psychoactive bath salts are commonly marketed under the following trade names: Bliss,
Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory
Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple
Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night and
White Lightning but may be marketed under other trade names and contain a common disclaimer
that these products are "not safe for human consumption."
(3) Psychoactive bath salts do not include normal, standard bath salts that do not contain
synthetic chemical compounds such as those listed above that elicit psychoactive or psychotropic
stimulant effects. Standard bath salts primarily contain magnesium sulfate (Epsom salts), sodium
chloride (table salt), sodium bicarbonate (baking soda), sodium hexametaphosphate (Calgon,
amorphous/glassy sodium metaphosphate), sodium sesquicarbonate and borax.
(f) "Psychoactive herbal incense" is defined as follows:
(1) Any organic product consisting of plant material that contains a synthetic chemical
compound that elicits psychoactive or psychotropic euphoric effects including but not limited to
the following: any synthetic cannabinoid compound that contains 1-pentyl-3-(1-naphthoyl)
indole (JWH-018), 1-butyl-3-(1- naphthoyl) indole (JWH-073), 1-2-(4-morpholinyl) ethyl]-3-(1naphthoyl) indole (JWH-200), 5-(1,1-dimetheylheptyl)-2-(1R, 3S)-3-hydroxycyclohexyl]phenol, (CP-47, 497), 5-)1,1-dimethyloctyl)-2-(1R, 3S)-3-hydroxycyclohexyl]-phenol,
(cannabicyclohexanol; CP-47, 497 C8 homologue) or any derivatives, synthetic substances and
their isomers with similar chemical structure or any chemical alteration of these compounds
which exhibit the same effects and/or any other substantially similar chemical structure or
compound.
(2) Psychoactive herbal incense products are commonly marketed under the following names:
K2, K3, Spice, Genie, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery,
Earthquake, Black Mamba, Stinger, Ocean Blue, Stinger, Serenity, Fake Weed, Black Mamba,
but may be marketed under other trade names and may contain a common disclaimer that these
products are "not safe for human consumption."
(3) Psychoactive herbal incense does not include normal, standard incense that are sold as
incense sticks, oils or cones that are commonly used for their aromatic qualities that do not
contain any synthetic chemical compounds listed above that elicit psychoactive or psychotropic
euphoric effects.
24
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(Ord. No. 480, § II, 7-17-2012)
Sec. 11B-3. - Possession of synthetic cannabinoids or substituted cathinones prohibited.
It is unlawful for any person to possess any synthetic cannabinoid or substituted cathinones
within the City of Colusa.
(Ord. No. 480, § II, 7-17-2012)
Sec. 11B-4. - Public nuisance.
(a) It is a public nuisance for any person to distribute psychoactive bath salts and psychoactive
herbal incense within the City of Colusa.
(b) It is a public nuisance for any person to distribute any product or substance represented as or
designed to resemble psychoactive bath salts and psychoactive herbal incense within the City of
Colusa. Indications of distribution of substances represented as or designed to resemble
psychoactive bath salts and psychoactive herbal incense shall include, without limitation, one or
more of the following: the manner in which such substances are packaged, branded, described,
marketed and/or portioned.
(c) It is a public nuisance for any person to allow the distribution of psychoactive bath salts and
psychoactive herbal incense on property owned, controlled or managed by such person within
the City of Colusa.
(d) Merely disclaiming these products as "not safe for human consumption" will not avoid the
application of this article.
(e) These declarations of public nuisance are based upon the declaration, findings and
determinations by the city council contained in the ordinance from which this chapter is derived.
(Ord. No. 480, § II, 7-17-2012)
Sec. 11B-5. - Enforcement.
(a) Violation of any provision of this chapter or failure to comply with any requirement of this
chapter shall be punishable in accordance with the provisions of Chapter 12B or Chapter 12C of
the Colusa City Code. At the discretion of the prosecutor, a violation of this chapter may be
charged as a misdemeanor.
(b) Civil Action. In addition to any other remedies provided in this chapter, any violation of this
chapter may be enforced by civil action brought by the city. The city attorney may file a civil
action seeking an injunction to obtain compliance for abatement of this public nuisance, and any
other civil action that the city attorney deems appropriate for the abatement, including but not
25
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
limited to, seeking an abatement order or warrant to confiscate the psychoactive bath salts or
psychoactive herbal incense.
(c) Administrative Citation. Alternatively, any violation of this chapter may be enforced by
administrative action brought by the city pursuant to Chapter 12C of this Code, to include civil
fines not exceeding one thousand dollars per offense and per occurrence.
(Ord. No. 480, § II, 7-17-2012)
Sec. 11B-6. - Exemption for approval by FDA or California law.
This chapter shall not apply to drugs or substances lawfully prescribed or to intoxicating
chemical compounds which have been approved by the federal Food and Drug Administration or
which are specifically permitted by California law.
(Ord. No. 480, § II, 7-17-2012)
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26
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Fontana, CA
Chapter 16. Miscellaneous Provisions and Offenses.
Article V. Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs.
Division 1. Generally.
Sec. 16-138. Purpose and intent.
Sec. 16-139. Definitions.
Sec. 16-140. Provision, display for sale, sale or distribution of synthetic drugs prohibited.
Sec. 16-141. Provision, display for sale, sale or distribution of substances claimed or represented
to be synthetic drugs prohibited.
Sec. 16-142. Possession of synthetic drugs prohibited.
Sec. 16-143. Public nuisance.
Sec. 16-144. Summary abatement.
Sec. 16-145. Revocation of business license.
Sec. 16-146. Penalties.
Sec. 16-147. Seizure of evidence.
Sec. 16-148. Exclusions.
Sec. 16-138. Purpose and intent.
Recreational use of psychoactive bath salts, psychoactive herbal incense and similar products
commonly known as "synthetic drugs" has been documented to cause hallucinations, agitation,
psychosis, aggression, suicidal and homicidal ideations, cannibalism and death. While state and
federal laws and regulations prohibit some synthetic drugs, the makers of these drugs continually
alter the composition of the compounds in their products so as to escape the purview of these
laws and regulations. The purpose and intent of this division is to provide the city with
reasonable measure to address the dangers to the community posed by synthetic drugs that are
not regulated by state or federal law.
(Ord. No. 1677, § 2, 7-23-13)
Sec. 16-139. Definitions.
[The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:]
Business shall have the same meaning as the term is defined in section 15-27 of this Municipal
Code.
Consume, consuming or consumption shall mean to ingest, inhale, inject, smoke or snort
(insufflate).
Distribute, distributing, or distribution shall mean to furnish, give away, exchange, transfer,
deliver or supply, whether for monetary gain or not.
27
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Person shall include any natural person, business, firm, company, corporation, public
corporation, club, trust, partnership, association or similar organization.
Possess, possessing or possession shall mean to have for consumption, distribution or sale in
one's actual or constructive custody or control, or under one's authority or power, whether such
custody, control, authority or power be exercised solely or jointly with others.
Provide, providing or provision shall mean offering to distribute or sell a product or substance to
any person.
Psychoactive bath salts shall mean any crystalline or powder product that contains a synthetic
chemical compound that, when consumed, elicits psychoactive or psychotropic stimulant effects.
The term "psychoactive bath salts" includes without limitation:
(1) Products that elicit psychoactive or psychotropic stimulant effects and contain any of the
following intoxicating chemical compounds:
(A) Cathinone (2-amino-1-phenyl-1-propanone), 4- methylmethcathinone (2-methylamino-1-(4methylphenyl)propan-1-one), 4-methoxymethcathinone (1-(4-methoxyphyenyl)-2(methylamino)propan-1-one), MDPV (methylenedioxypyrovalerone), MDMA (3, 4methylenedioxy-N-methylamphetamine), methylene (3,4-methylenedioxy- N-methylcathinone),
methcathinone (2-(methylamino)-1-phenyl-propan-1- one), flephedrone (4fluoromethcathinone), 3-FMC (3- fluoromethcathinone), ethcathinone (2-ethylamino-1-phenylpropan-1- one), butylone (13-keto-N-methylbenzodioxolylbutanamine), a-PPP (apyrrolidinopropiophenon), MPPP (4'-methyl-a-pyrrolidinopropiophenone), MDPPP (3',4'methylenedioxy-a-pyrrolidinopriopiophenone), a-PVP (1- phenyl-2-(1-pyrrolidinyl)-1pentanone) or naphyrone (1-naphthalen-2-yl-2- pyrrolidin-1-ylpentan-1-one);
(B) Any derivative of the above listed intoxicating chemical compounds;
(C) Any synthetic substance and its isomers with a chemical structure similar to the above listed
compounds;
(D) Any chemical alteration of the above listed intoxicating chemical compounds; or
(E) Any other substantially similar chemical structure or compound; and
(2) Products that elicit psychoactive or psychotropic stimulant effects and are marketed under
any of the following trade names: Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie,
Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst,
Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust,
Vanilla Sky, White Dove, White Night and White Lightning.
28
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
The term "psychoactive bath salts" shall not include any product, substance, material, compound,
mixture or preparation that is specifically excepted by the California Uniform Controlled
Substances Act ("UCSA") (Health and Safety Code §§ 11000 et seq.), listed in one of the
UCSA's schedules of controlled substances (Health and Safety Code §§ 11053-11058), regulated
by one of the UCSA"s Synthetic Drug Laws (Health and Safety Code §§ 11357.5, 11375.5 and
11401), regulated by the Federal Controlled Substances Act (the "CSA") (21 USC §§ 81 et seq.)
or approved by the Food and Drug Administration ("FDA").
Psychoactive herbal incense shall mean any organic product consisting of plant material that
contains a synthetic stimulant compound that, when consumed, elicits psychoactive or
psychotropic euphoric effects. The term "psychoactive herbal incense" includes without
limitation:
(1) Products that elicit psychoactive or psychotropic euphoric effects and contain any of the
following chemical compounds:
(A) Cannabicyclohexanol (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol),
JWH-018 (naphthalene-1-yl-(1-pentylindol-3-yl)methanone), JWH-073 (napththalen-1-yl-(1butylindol-3-yl)methanone), JWH-200 ((1-(2-morpholin-4- ylethyl)indol-2-yl)-naphthalen-1ylmethanone), HU-210 ((6aR,1OaR)-9- (Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)6a,7,10,1Oa- tetrahydrobenzo [c]chromen-1-ol), CP 47, 497 (2-[(1R,3S)-3- hydroxycyclohexyl]5-(2-methyloctan-2-yl)phenol) CP 47,497 (2-[1R,3S)-3- hydroxycyclohexyl]-5-(2-methyloctan2-yl)phenol) or AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(napthalen-1-yl)methanone);
(B) Any derivative of the above listed intoxicating chemical compounds;
(C) Any synthetic substance and its isomers with a chemical structure similar to the above listed
intoxicating chemical compounds;
(D) Any chemical alteration of the above listed intoxicating chemical compounds; or
(E) Any other substantially similar chemical structure or compound; and
(2) Products that elicit psychoactive or psychotropic euphoric effects and are marketed under any
of the following names: K2, K3, Spice, Genie, Smoke, Potpourri, Buzz, Spice 99, Voodoo,
Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Blue, Stinger, Serenity, Fake
Weed and Black Mamba.
The term "psychoactive herbal incense" shall not include any product, substance, material,
compound, mixture, or preparation that is specifically excepted by the UCSA (Health and Safety
Code §§ 11000 et seq.), listed in one of the UCSA's schedules of controlled substances (Health
and Safety Code §§ 11053—11058) regulated by one of the USCA's Synthetic Drug Laws
29
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(Health and Safety Code §§ 11357.5, 11375.5 and 11401), regulated by the CSA (21 USC §§ 81
et seq.) or approved by the FDA.
Psychoactive or psychotropic stimulant effects shall mean affecting the central nervous system or
brain function to change perception, mood, consciousness, cognition or behavior in ways that are
similar to the effects of cocaine, methylphenidate or amphetamines.
Psychoactive or psychotropic euphoric effects shall mean affecting the central nervous system or
brain function to change perception, mood, consciousness, cognition or behavior in ways that are
similar to the effects of cannabis.
Sell, selling or sale shall mean to furnish, exchange, transfer, deliver or supply for monetary
gain.
Synthetic drug shall include psychoactive bath salts and psychoactive herbal incense, as those
terms are defined hereinabove.
(Ord. No. 1677, § 2, 7-23-13)
Sec. 16-140. Provision, display for sale, sale or distribution of synthetic drugs prohibited.
(a) It is unlawful for any person to provide, display for sale, distribute or sell any synthetic drug
within the City of Fontana.
(b) Merely disclaiming a synthetic drug as "not safe for human consumption" will not avoid the
application of this section.
(Ord. No. 1677, § 2, 7-23-13)
Sec. 16-141. Provision, display for sale, sale or distribution of substances claimed or represented
to be synthetic drugs prohibited.
(a) It is unlawful for any person to claim or represent that a product that person is providing,
displaying for sale, distributing or selling is a synthetic drug within the City of Fontana.
(b) To determine if a person is claiming or representing that a product is a synthetic drug, the
enforcing officer may consider any of the following evidentiary factors:
(1) The product is not suitable for its marketed use (such as a crystalline or powder product being
marketed as "glass cleaner");
(2) The business providing, displaying for sale, distributing or selling the product does not
typically provide, distribute or sell products that are used for that product's marketed use (such as
a liquor store selling "plant food");
30
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(3) The product contains a warning label that is not typically present on products that are used
for that product's marketed use (such as "not for human consumption," "not for purchase by
minors," or "does not contain chemicals banned by section 11357.5");
(4) The product is significantly more expensive than products that are used for that product's
marketed use (such as half of a gram of a substance marketed as "glass cleaner" costing $50.00);
(5) The product resembles an illicit street drug (such as cocaine, methamphetamine or
marijuana); or
(6) The product's name or packaging uses images or slang referencing an illicit street drug (such
as "Eight Ballz" or "Green Buddha").
(c) Merely disclaiming a substance claimed or represented to be a synthetic drug as "not safe for
human consumption" will not avoid the application of this section.
(Ord. No. 1677, § 2, 7-23-13)
Sec. 16-142. Possession of synthetic drugs prohibited.
It is unlawful for any person to possess any synthetic drug within the City of Fontana.
(Ord. No. 1677, § 2, 7-23-13)
Sec. 16-143. Public nuisance.
(a) It is a public nuisance for any person to provide, display for sale, distribute or sell any
synthetic drug within the City of Fontana.
(b) It is a public nuisance for any person to allow the provision, display for sale, distribution or
sale of any synthetic drug on property owned, controlled or managed by such person within the
City of Fontana.
(c) It is a public nuisance for any person to provide, display for sale, distribute or sell any
substance claimed or represented to be a synthetic drug within the City of Fontana.
(d) It is a public nuisance for any person to allow the provision, display for sale, distribution or
sale of any substance claimed or represented to be a synthetic drug on property owned,
controlled or managed by such person within the City of Fontana.
(e) To determine if a person is claiming or representing that a substance or product is a synthetic
drug, the enforcing officer may consider any of the evidentiary factors set forth in section 16-141
of this division.
(Ord. No. 1677, § 2, 7-23-13)
31
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 16-144. Summary abatement.
Because the use of synthetic drugs has been documented to cause hallucinations, agitation,
psychosis, aggression, suicidal and homicidal ideations, cannibalism and death, any violation of
this division presents a grave and imminent danger not only to the person consuming the
synthetic drug, but also to the public at large. If the code compliance officer, based on the facts
then known, determines that a violation of this division presents an imminent danger or hazard or
is imminently injurious to the public health or safety, then that violation is punishable by the
summary abatement procedures set forth section 18-25 of this Code.
(Ord. No. 1677, § 2, 7-23-13)
Sec. 16-145. Revocation of business license.
No person holding a city business license and owning or operating a business in the city may use
that business to provide, distribute or sell any synthetic drug or any substance claimed or
represented to be a synthetic drug. A violation of this section by the holder of a city business
license, shall constitute grounds for modification, suspension, revocation, or any combination
thereof, of said license.
(Ord. No. 1677, § 2, 7-23-13)
Sec. 16-146. Penalties.
Established by resolution of the City of Fontana City Council.
(a) Misdemeanor violation. Failure to comply with any of the requirements of this division is a
misdemeanor punishable by imprisonment in the city or county jail for a period not exceeding
six months or by fine not exceeding $1,000.00, or by both, provided that where the city attorney
determines that such action would be in the interest of justice, he/she may specify in the
accusatory pleading that the offense shall be an infraction.
(b) Infraction violation. Where the city attorney determines that, in the interest of justice, a
violation of this division is an infraction, such infraction is punishable by a fine not exceeding
$100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same
provision within one year, and a fine not exceeding $500.00 for each additional infraction
violation of the same provision within one year. An infraction is not punishable by
imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and
shall not be entitled to have the public defender or other counsel appointed at public expense to
represent him/her, unless he/she is arrested and not released on his/her written promise to appear,
his/her own recognizance or a deposit of bail. However, any person who has previously been
convicted two or more times during any 12-month period for any violation of this division for a
crime made punishable as an infraction shall be charged with a misdemeanor upon the third
violation.
32
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(c) The fine amounts set forth above may be modified, from time to time, by city council
resolution. In no event shall such fine amounts exceed the amounts authorized by state law.
(Ord. No. 1677, § 2, 7-23-13)
Sec. 16-147. Seizure of evidence.
Any product(s) or substance(s) possessed, provided, distributed or sold in violation of any
provision of this division shall be seized by the enforcing officers and removed, stored and
disposed of in accordance with law.
(Ord. No. 1677, § 2, 7-23-13)
Sec. 16-148. Exclusions.
(a) This division shall not apply to drugs or substances lawfully prescribed or to intoxicating
chemical compounds that have been approved by the federal Food and Drug Administration or
which are specifically permitted by California law, including without limitation, intoxicating
chemical compounds that are specifically excepted by the California Uniform Controlled
Substances Act (Health and Safety Code § 11000 et seq.).
(b) This division shall not apply to drugs or substances that are prohibited by state or federal law,
including without limitation, California Health and Safety Code §§ 11357.5, 11375.5, 11401 and
the Federal Controlled Substances Act.
(c) This division shall not be deemed to prescribe any act that is positively permitted, prohibited
or preempted by any state or federal law or regulation.
(Ord. No. 1677, § 2, 7-23-13)
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33
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Rialto, CA
Title 9. Public Peace, Safety and Morals.
Division IV. Offenses Against Public Decency.
Chapter 9.43. Controlled Substances.
9.43.010 - Findings.
The city council of the city of Rialto finds and determines that:
A.
The chemical compounds described in Section 8.50.020 are intoxicating and/or
hallucinogenic to humans upon ingestion, and are often used as alternatives to marijuana; that
these chemical compounds are potentially dangerous to users; that their long term health effects
are unknown; and that these intoxicating chemical compounds create a significant health and
safety risk to the citizens of the city of Rialto and others;
B.
Certain local convenience stores, and other businesses, entities and individuals within the
city of Rialto limits are currently selling such intoxicating chemical compounds within the city,
described as incense or aromatics but typically used for human ingestion; and labeled with brand
names such as "Spice," "Black Mamba," "K-2," "Puff," and "Sugar Sticks," which are gaining in
popularity at an alarming rate among high school and college aged individuals, as well as among
parolees and probationers;
C.
While having similar or stronger physiological effects than high potency marijuana, these
intoxicating chemical compounds do not show a positive reading in traditional law enforcement
drug testing, which adds to the desirability and increased use among drug abusers and increases
the threat to public health and safety by the avoidance of detection; and
D.
The intoxicating chemical compounds described hereunder are not yet categorized as
controlled substances under state or federal law.
(Ord. No. 1489, § 1, 7-26-11)
9.43.020 - Unlawful intoxicating chemical compounds.
It shall be unlawful for any person, corporation or other business entity, to manufacture,
distribute, dispense, ingest, use, possess, purchase, attempt to purchase, sell, publicly display for
sale, attempt to sell, give, trade or barter, any one or more of the following chemical compounds
and/or substances, including their salts, isomers, homologues and salts of their isomers and
homologues:
A.
Salvia Divinorum 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;
34
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
B.
pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
C.
(6ar,10ar)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10atetrahydrobenzo[c] chromen-1-ol (also known as HU-210 or 1,1-dimethylheptyl-11-hydroxydelta8-tetrahydrocannabinol);
D.
2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl) phenol (also known as CP-47,497), and
the dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP-47, 497;
E.
1-Butyl-3-(1-naphthoyl) indole (also known as JWH-073);
F.
1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole (also known as JWH-200);
G.
1-Pentyl-3-(2-methoxyphenylacetyl)indole (also known as JWH-250);
H.
1-Hexyl-3-(1-naphthoyl)indole (also known as JWH-019);
I.
1-Pentyl-3-(4-chloro-1-naphthoyl)indole (also known as JWH-398);
J.
N-benzylpiperazine (also known as BZP);
K.
1-(3-trifluoromethylphenyl) piperazine (also known as TFMPP);
L.
Any similar structural analogs of the above chemical compounds;
M.
Any other synthetic cannabinoids.
(Ord. No. 1489, § 1, 7-26-11)
9.43.030 - Exemption for authorized agents of the city.
It is not an offense under this chapter if any person was acting at the direction of an authorized
agent of the city of Rialto to enforce or ensure compliance with this law.
(Ord. No. 1489, § 1, 7-26-11)
9.43.040 - Exemption for approval by FDA or California law.
This chapter shall not apply to drugs or substances lawfully prescribed or to intoxicating
chemical compounds which have been approved by the federal Food and Drug Administration or
which are specifically permitted by California law.
(Ord. No. 1489, § 1, 7-26-11)
35
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
9.43.050 - Confiscation and destruction of intoxicating chemical compounds.
If any of the intoxicating chemical compounds prohibited by Section 8.50.020 are found in the
possession of any person or entity, they may be confiscated and destroyed by law enforcement
officials of the city.
(Ord. No. 1489, § 1, 7-26-11)
9.43.060 - Nuisance and injunction.
It shall constitute a nuisance for any location, property or structure to contain, maintain, possess,
or store any one or more of the chemical compounds and/or substances, including their salts,
isomers, homologues and salts of their isomers and homologues prohibited by Section 8.50.020.
The city of Rialto shall have the authority to secure an injunction to compel compliance with this
chapter from any individual or entity which fails to or refuses to comply with this chapter.
(Ord. No. 1489, § 1, 7-26-11)
9.43.070 - Penalties.
Any person who violates any provision of this chapter is guilty of a misdemeanor and subject to
either a term of imprisonment not to exceed six months or a fine not to exceed one thousand
dollars or both.
Each day during which a violation of subsection A occurs shall constitute a separate offense.
(Ord. No. 1489, § 1, 7-26-11)
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36
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
DELAWARE
Dover, DE
Part II. Code of Ordinances.
Chapter 26. Businesses.
Article I. In General.
Sec. 26-1. Sale of dangerous substances.
(a) It shall be unlawful to sell or offer to sell any material, compound, mixture, or preparation
which contains any quantity of any substance categorized as Schedule I in accordance with 16
Del.C. ch. 47
(b) Penalties. Violations of this section shall be subject to fines in accordance with Appendix F—
Fees and Fines, section 1-17 and revocation of business license under the provisions of Chapter
26—Businesses, Article II—Licenses, section 26-64
(c) Enforcement. Any business that sells or offers for sale any of the prohibited items shall be
considered a public nuisance. The provisions of this section may be enforced by any city
inspector or officer of the police department after any substance found for sale at a business tests
positive for a Schedule I controlled substance in a field test performed by the police department.
(Ord. No. 2011-24, 9-29-2011; Ord. No. 2012-17, 7-9-2012)
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37
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
FLORIDA
Collier County, FL
Part 1 – Code.
Chapter 94. Offenses and Miscellaneous Provisions.
Article IV. Offenses Involving Public Morals.
Division 3. Illicit Synthetic Drugs.
Sec. 94-116. Authority.
Sec. 94-117. Legislative findings of fact.
Sec. 94-118. Title and citation.
Sec. 94-119. Definitions.
Sec. 94-120. Possession, provision, sale or distribution of synthetic drugs prohibited.
Sec. 94-121. Sale of certain products for human consumption prohibited.
Sec. 94-122. Enforcement.
Sec. 94-123. Violations and penalties.
Secs. 94-124—94-150. Reserved.
Sec. 94-116. Authority.
This Ordinance is enacted pursuant to F.S. ch. 125, (2011), and under the home rule powers of
Collier County, and in accordance with the proscriptions on local regulation imposed by the Fair
Packaging and Labeling Act, 15 U.S.C § 1461.
(Ord. No. 2013-02, § 1)
Sec. 94-117. Legislative findings of fact.
The foregoing WHEREAS clauses (of Ord. No. 2013-02) are hereby adopted as legislative
findings of the Board of County Commissioners and are ratified and confirmed as being true and
correct and are hereby made a specific part of this Ordinance upon adoption hereof.
(Ord. No. 2013-02, § 2)
Sec. 94-118. Title and citation.
This Ordinance shall be known and may be cited as the "Collier County Illicit Synthetic Drugs
Ordinance."
(Ord. No. 2013-02, § 3)
Sec. 94-119. Definitions.
For purposes of this division, the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
38
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
"Spice/synthetic cannabinoids/synthetic marijuana" shall mean any aromatic plant material in
granular, loose leaf or powder form, or in liquid or as a food additive, or any herbal-incense-type
stimulant or hallucinogen product, when the label is in any way false or misleading, or which
does not contain a label specifying: (1) the identity of the commodity; and (2) the name and
place of business of the manufacturer, packer, or distributor. Street names for these products
include, but are not limited to: Bliss, Black Mamba, Bombay Blue, Fake Weed, Genie, Spice,
Zohai, K2, K3, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake,
Stinger, Ocean Blue, Serenity, Chronic Spice, Spice Gold, Spice Silver, Skunk, Mr. Nice Guy,
Mr. Happy, K3 Legal, Sence, Smoke, Chill X, Earth Impact, Galaxy Gold, Space Truckin, Solar
Flare, Moon Rocks, Aroma, Scope, Sky High, Atomic, G-20, Guerrilla Warfare, Makes Scents,
g-13, Tiger Shark, California Dreams, Dank, Bullet, Mind Trip, Voodoo Child, Jazz, Nightlights,
Matrix, Hypnotip, AK47, Maui Wowie, Cloud 9, Daylights, Joker, Dead Man Walking, Brain
Storm, Soul Sence, Kush, Kush Mania, Dragons Fire, Lucid, Mad Hatter, Scooby Snax, D-ZL,
0MG, Demon, Barely In, Pineapple Express, Hayze.
"Bath Salts/synthetic cathinones/synthetic stimulants" shall mean any crystalline or powder
product in crystalline, loose-powder, block, tablet, or capsule form, or any stimulant-type
product, when the label is in any way false or misleading, or which does not contain a label
specifying: (1) the identity of the commodity; and (2) the name and place of business of the
manufacturer, packer, or distributor. Street names for these products include, but are not limited
to: Bliss, Blue Silk, Cloud Nine, Drone, Energy-I, Ivory Wave, Lunar Wave, Meow Meow,
Ocean Burst, Pure Ivory, Purple Wave, Red Dove, Snow Leopard, Stardust, Vanilla Sky, White
Dove, White Knight, White Lightening, Blizzard, Bonzai Grow, Charge Plus, Charlie, Euphoria,
Hurricane, Lunar Wave, Ocean, Pixie Dust, Posh, Scarface, Lovely Dovey, Aura, MDPV,
MDPK, MTV, Maddie, Hurricane Charlie, Black Rob, Super Coke, PV, Peeve, Meph, Drone,
MCAT.
"Drug" shall mean an article that is intended to affect the function of the body of humans.
"Misbranded drug" means a drug that violates F.S. § 499.007, including but not limited to drugs
for which: (1) the label is in any way false or misleading; (2) the label does not bear the name
and place of business of the manufacturer, repackager, or distributor of the finished form of the
drug; (3) the label does not bear adequate directions for use; or (4) the label does not bear
adequate warnings against use.
"Illicit synthetic drugs" shall include spice, synthetic cannabinoids, synthetic mariiuana, bath
salts, synthetic cathinones, synthetic stimulants, or misbranded drugs.
(Ord. No. 2013-02, § 4)
Sec. 94-120. Possession, provision, sale or distribution of synthetic drugs prohibited.
It is unlawful for any person to possess, provide, sell or distribute, within the incorporated or
unincorporated area of Collier County, any illicit synthetic drug as defined in this Ordinance.
39
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(1) Factors That May Be Disregarded and/or Considered in Determining Violation. In
determining whether a product or sale is prohibited by this Ordinance, statements on package
labeling such as "not for human consumption" may be disregarded when other relevant factors
(viewed alone or in totality) indicate that the product is intended to be consumed or ingested by
humans, or is a product regulated by this Ordinance. Other relevant factors that may be used to
determine whether a product or sale is prohibited by this Ordinance include, but are not limited
to, verbal or written representations at the point of sale regarding the purpose, methods, use, or
effect of the product; aspects of the packaging or labeling suggest the user will achieve a "high,"
euphoria, relaxation, mood enhancement, or that the product has other effects on the body; the
cost of the product is disproportionately higher than other products marketed for the same use;
the product contains a warning label stating or suggesting that the product is in compliance with
state laws regulating controlled substances; the product's name or packaging uses images or
slang referencing an illicit street drug; illicit or underground methods of sale or delivery are
employed by the seller or provider; the product resembles an illicit street drug such as cocaine,
methamphetamine, or marijuana.
(2) Exemptions. The provisions of this section do not apply to any product that is specifically
excepted by, or regulated within, the Florida Comprehensive Drug Abuse Prevention and Control
Act (F.S. ch. 893) or the Federal Controlled Substances Act (21 USC - 81 et seq.); is a food
product, drug, dietary supplement, cosmetic, or other substance regulated by the Food and Drug
Administration (FDA) and in compliance with that agency's requirements; is regulated by and in
compliance with the labeling requirements of the Federal Trade Commission; is regulated by and
in compliance with the Federal Fair Packaging and Labeling Act; is regulated by and in
compliance with the Federal Food, Drug, and Cosmetic Act; is regulated by and in compliance
with the regulations of the Florida Department of Agriculture and Consumer Services; or is a
tobacco product regulated by and in compliance with the regulations governing the tobacco
industry enforced by the Florida Department of Business and Professional Regulation, Division
of Alcoholic Beverages and Tobacco. For the purposes of this section, products that are not
subject to regulation by the act or agencies listed above are not exempt unless the product is
specifically exempt from regulation; mere "non-regulation" by these acts without a specific
regulatory exemption will not render a product exempt under this section.
(Ord. No. 2013-02, § 5)
Sec. 94-121. Sale of certain products for human consumption prohibited.
It is unlawful for any person to provide or sell a product for human consumption when the
product is labeled "not for human consumption" or contains similar warnings.
(Ord. No. 2013-02, § 6)
Sec. 94-122. Enforcement.
40
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
This Ordinance shall be enforced by the Office of the Collier County Sheriff and/or the
appropriate law enforcement official within Collier County having jurisdiction as it pertains to
the location of the secondhand store.
(Ord. No. 2013-02, § 7)
Sec. 94-123. Violations and penalties.
All violations of this Ordinance may be processed according to the Collier County Consolidated
Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of F.S. ch.
162, pts. I or II, as may be applicable. A law enforcement official or code enforcement officer is
specifically authorized to issue a citation for each violation. Each day of any such violation shall
constitute a separate and distinct offense. Further, each failure to properly document transaction
information shall constitute a separate and distinct offense.
The County may also enforce this Ordinance by action in equity, including injunctive or
declaratory relief, in the appropriate court of competent jurisdiction.
Any person who knowingly violates any provision of this Ordinance, including refusal to allow a
law enforcement official to make an inspection under this Ordinance, shall also be punished in
the same manner as a misdemeanor as provided by general law.
(Ord. No. 2013-02, § 8)
Secs. 94-124—94-150. Reserved.
41
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Coral Springs, FL
Part II – Code.
Chapter 11 – Offenses, Miscellaneous.
Sec. 11-31. Sale or display of herbal incense.
(a) Definition. For purposes of this section, the following definition shall apply:
"Herbal incense" shall mean aromatic plant material, containing or to which any synthetic
chemical compound has been added for the purpose of mimicking the effects of a controlled
substance, that is distributed in a loose, leafy, powder or granular form, or in compressed blocks
that can be easily crushed to result in a powder or granular form, and can be placed into pipes,
cigarette papers, or other drug paraphernalia for purposes of ingestion by smoking, inhaling or
other methods, whether or not such product is labeled as not for human consumption.
(b) Sale or display prohibited. It is unlawful for any natural person, corporation or other business
entity to sell, offer for sale, or display herbal incense within the city limits of the City of Coral
Springs.
(c) Penalties. Any person found in violation of this section shall be punished as provided in
section 1-8.1 of this Code, or section 190.1 of the Land Development Code.
(Ord. No. 2012-108, § 2, 7-17-12)
Sec. 11-32. Sale or display of bath salts.
(a) Definitions. For purposes of this section, the following definitions shall apply:
"Bath salt" and products containing synthetic derivatives of cathinone shall mean any material,
compound, mixture, or preparation which contains any quantity of the following substance, their
salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such
salts, isomers, and salts of isomers possible within the specific chemical designation, core, or
backbone chain:
(1) Methylone;
(2) 3,4-Methylenedioxymethcathinone;
(3) 3,4-Methylenedioxypyrovalerone (MDPV);
(4) Methylenedioxypyrovalerone;
(5) Methylmethcathinone;
42
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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201, Santa Fe, NM 87501.
(6) Mephedrone;
(7) Methoxymethcathinone;
(8) Fluromethcathinone.
Any synthetic cathinone, that is distributed, labeled, marketed, or sold as a bath salt that can be
easily crushed to result in a powder or granular form, for purposes of ingestion by smoking,
inhaling, injecting, snorting, atomizing in water and inhaling, and in eye drops or nasal spray,
whether or not such product is labeled as "not for human consumption."
Compounds or psychoactive drugs with stimulant properties which act as a norepinephrinedopamine reuptake inhibitor (NOR) or that work on the same receptors as the chemical
compounds in Methamphetamines and/or any derivatives used for human consumption or
ingestion thereof, including but not limited to the following street or brand names: Vanilla Sky,
Ivory Wave, White Rush, White Lightning, Hurricane Charlie, Bliss, Zoom2, Cloud Nine and
Cloud Nine derivatives, Aura, Bounce, Plant Food, Meph, Mad Cow, Shake 'N'Vac, Drone,
Bubbles, Meow Meow, MCAT, and 4MMC (hereinafter at all times collectively referred to as
"MDPV").
These definitions do not include any pharmaceutical drugs containing synthetic cathinones or
other synthetic stimulants approved by the FDA and available with a valid prescription, or
traditional bath salts that do not contain synthetic chemical stimulants, such as sodium chloride,
sea salts, magnesium sulfate (Epsom salts), sodium bicarbonate, and borax.
(b) Sale or display prohibited. It is unlawful for any natural person, corporation, or business
entity to sell, offer for sale, or display any product containing MDPV, and/or bath salts including
synthetic cathinones, and/or derivatives within the city limits of the City of Coral Springs.
(c) Any item labeled, marketed or sold as a bath salt as defined in this section, crystal, powder,
liquid, tablet, or capsule shall be presumed intended for human consumption notwithstanding any
labeling to the contrary.
(d) Any product offered for sale or in display in violation hereof is subject to seizure and
impoundment as a public nuisance.
(e) Penalties. Any person found in violation of this section shall be punished as provided in
section 1-8.1 of this Code, or section 190.1 of the Land Development Code
(f) This section shall not apply to ordinary baking soda or Epsom salts.
(Ord. No. 2012-109, § 2, 7-17-12)
43
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Dania Beach, FL
Part II – Code of Ordinances.
Chapter 17 – Offenses, Miscellaneous.
Article XI. Prohibitions: Synthetic Cannabinoid Herbal Incense and Synthetic Stimulant Bath
Salts and Related Substances.
Sec. 17-131. Prohibiting the sale, offer for sale, purchase with intent to sell or public display for
sale of synthetic cannabinoid herbal incense.
Sec. 17-132. Prohibiting the sale, offer for sale, purchase with intent to sell or public display for
sale of synthetic stimulant bath salts, synthetic cathinones, synthetic amphetamines and other
synthetic stimulants that mimic illegal drugs.
Sec. 17-131. Prohibiting the sale, offer for sale, purchase with intent to sell or public display for
sale of synthetic cannabinoid herbal incense.
Purpose and intent. The city commission finds and declares that the products and synthetic
substances described under this section are commonly used as alternatives to marijuana. The
commission further finds that these synthetic substances are particularly appealing to youth, and
that these synthetic substances are potentially dangerous to users in the short term and that the
long term effects are not yet known. The commission finds that the manufacturers of these
products, which contain these synthetic substances, often use a disclaimer that the product is "not
for human consumption" to avoid regulations requiring the manufacturer to list the product's
active ingredients. The commission finds that drug designers and chemists can quickly create
new synthetic drugs once federal or state law makes a particular synthetic drug illegal. As such,
the commission finds that there is a need to declare illegal the sale, offer for sale, purchase with
intent to sell or public display for sale of synthetic substances that mimic illegal controlled
substances that have not yet themselves been categorized as illegal controlled substances under
federal or state law. The commission further finds that it is necessary and proper for it to exercise
its authority to safeguard and protect the public health, safety and welfare by taking such action.
(a) Application. This section shall be applicable within the City of Dania Beach to the fullest
extent allowed by law.
(b) Conflict. Any applicable Broward County Ordinance governing this subject area that is more
stringent than this section, or that declares illegal a substance that is not declared illegal by this
section, shall remain enforceable within the city.
(c) Definitions. For purposes of this section, the following terms apply:
Structurally similar. As used in this section shall mean chemical substitutions off a common
chemical backbone associated with synthetic cannabinoids or synthetic cannabinoid-mimicking
44
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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201, Santa Fe, NM 87501.
compounds listed in the controlled substance schedules in F.S. Ch. 893, as amended from time to
time, or otherwise prohibited by federal or state law.
Synthetic cannabinoid herbal incense. As used in this section shall mean aromatic or nonaromatic plant material containing a synthetic drug, or to which a synthetic drug has been
sprayed, applied or otherwise added that is distributed in a loose, leafy, powder or granular form
or in a compressed block or blocks that can be crushed to result in a powder or granular form,
and can be placed into a pipe, cigarette paper or drug paraphernalia for purposes of ingestion by
smoking, inhaling or other methods.
Synthetic drug. As used in this section shall mean any chemical or mixture of chemicals,
however packaged, that is structurally similar to synthetic cannabinoids or synthetic
cannabinoid-mimicking compounds listed in the controlled substance schedules in F.S. Ch. 893,
or otherwise prohibited by federal or state law. "Synthetic drug" also shall include any chemical
or mixture of chemicals, however packaged, that mimics the effects of tetrahydrocannabinol
(also known as THC), the main active ingredient found in marijuana. Packaging that indicates or
implies that a product mimics the effects of marijuana, such as "fake weed" or "fake pot", shall
create a presumption that the product mimics the effects of tetrahydrocannabinol. "Synthetic
drug" shall not include any substance currently listed in the controlled substance schedules in
F.S. Ch. 893, or otherwise prohibited by federal or state law.
(d) Sale, offer for sale and purchase with intent to sell synthetic cannabinoid herbal incense
prohibited. It shall be unlawful for any store owner, store manager, store purchasing agent or any
other person to sell, offer for sale or purchase with intent to sell, any synthetic cannabinoid
herbal incense as defined in this article.
(e) Public display for sale of synthetic cannabinoid herbal incense prohibited. It shall be unlawful
for any store owner, store manager, store purchasing agent or any other person to publicly
display for sale, any synthetic cannabinoid herbal incense as defined in this article.
(f) Affirmative defense. It shall be an affirmative defense to prosecution of a violation of this
Section if the sale, offer for sale or public display for sale of synthetic cannabinoid herbal
incense is pursuant to the direction or prescription of a licensed physician or dentist authorized in
the State of Florida to direct or prescribe such act.
(g) Seizure and destruction of synthetic cannabinoid herbal incense. Synthetic cannabinoid
herbal incense prohibited in this article may be seized by law enforcement officers and may be
destroyed in the same manner used to destroy narcotics and contraband substances, after its use
for evidentiary purposes in any judicial proceeding is no longer required.
(h) Injunctive relief. The city shall have the authority to seek an injunction against any person or
business violating the provisions of this section. In any action seeking an injunction, the City of
45
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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201, Santa Fe, NM 87501.
Dania Beach shall be entitled to collect its enforcement expenses, including forensic costs, law
enforcement costs, and reasonable attorney fees and costs incurred at trial and on appeal.
(i) Subsequent federal or state action. If Congress or a federal agency amends federal law to
include a particular substance or otherwise enacts or amends a federal law providing for criminal
penalties for the prohibitions of substances set forth in this section, then upon the effective date
of such enactment or amendment, the provisions of this section addressed by federal law shall no
longer be deemed effective. Any violations of this section committed prior to the Congress or a
federal agency enacting a federal law, as described above, may be prosecuted.
If the Florida Legislature amends the controlled substance schedules in F.S. § 893.01, to include
a particular substance or otherwise enacts, or amends a state statute providing for criminal
penalties for the prohibitions of substances set forth in this section, then upon the effective date
of such enactment or amendment, the provisions of this section addressed by the state statute
shall no longer be deemed effective.
If the Florida Attorney General, pursuant to the rulemaking authority provided in F.S. Ch. 893,
adds a particular substance to the controlled substance schedules in F.S. § 893.01, then upon the
effective date of such enactment or amendment, the provisions of this section addressed by the
rulemaking action shall no longer be deemed effective.
Any violations of this section committed prior to the Florida Legislature enacting such a statute
or the Florida Attorney General promulgating rules may be prosecuted.
(j) Penalty. Any store owner, store manager, store purchasing agent or any other person violating
any provision of this section shall be punishable by a fine not to exceed five hundred dollars
($500.00), or by imprisonment not to exceed sixty (60) days or both, for each violation. This
section shall also be subject to enforcement via the Local Government Code Enforcement Act of
F.S. Ch. 162, and pursuant to chapter 2 "administration" of article IV "code enforcement" of the
City Code of Ordinances of the City of Dania Beach.
(Ord. No. 2012-021, § 2, 8-14-12)
Sec. 17-132. Prohibiting the sale, offer for sale, purchase with intent to sell or public display for
sale of synthetic stimulant bath salts, synthetic cathinones, synthetic amphetamines and other
synthetic stimulants that mimic illegal drugs.
Purpose and intent. The city commission finds and declares that the products and synthetic
substances described under this section are commonly used as alternatives to amphetamines,
cocaine, ecstasy and other illegal drugs. The city commission further finds that these synthetic
substances are particularly appealing to youth, and that these synthetic substances are potentially
dangerous to users in the short term and the long term effects are not yet known. The city
commission finds that the manufacturers of these products, which contain these synthetic
substances often use a disclaimer that the product is "not for human consumption" to avoid
46
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
regulations that require the manufacturer to list the product's active ingredients. The city
commission finds that drug designers and chemists can quickly create new synthetic drugs once
federal or state law makes a particular synthetic drug illegal. As such, the city commission finds
that there is a need to declare illegal the sale, offer for sale, purchase with intent to sell or public
display for sale of synthetic substances that mimic illegal controlled substances, even though
such synthetic substances have not yet themselves been categorized as illegal controlled
substances under federal or state law. The city commission further finds that it is necessary and
proper for it to exercise its authority to safeguard and protect the public health, safety and
welfare by taking such action.
(a) Application. This section shall be applicable within the City of Dania Beach to the fullest
extent allowed by law.
(b) Conflict. Any applicable Broward County Ordinance governing this subject area that is more
stringent than this section or that declares illegal a substance that is not declared illegal by this
section, shall remain enforceable within the city.
(c) Definitions. For purposes of this section, the following terms apply:
Structurally similar as used in this section shall mean chemical substitutions off a common
chemical backbone associated with cathinone, methcathinone, amphetamine, methamphetamine,
cocaine, 3,4-methylenedioxymethamphetamine (MDMA), 3,4-methylenedioxymethcathinone,
3,4-methylenedioxypyrovalerone (MDPV), methylmethcathinone, methoxymethcathinone,
methylethcathinone, fluoromethcathinone, BZP (benzylpiperazine), fluorophenylpiperazine,
methylphenylpiperazine, chlorophenylpiperazine, methoxyphenylpiperazine, DBZP (1,4dibenzylpiperazine), TFMPP (3-Trifluoromethylphenylpiperazine), MBDB
(Methylbenzodioxolylbutanamine), 5-Hydroxy-alpha-methyltryptamine, 5-Hydroxy-Nmethyltryptamine, 5-Methoxy-N-methyl-N-isopropyltryptamine, 5-Methoxy-alphamethyltryptamine, methyltryptamine, 5-Methoxy-N,N-dimethyltryptamine, 5-Methyl-N,Ndimethyltryptamine, Tyramine (4-Hydroxyphenethylamine), 5-Methoxy-N,NDiisopropyltryptamine, DiPT (N,N-Diisopropyltryptamine), DPT (N,N-Dipropyltryptamine), 4Hydroxy-N,N-diisopropyltryptamine, N,N-Diallyl-5-Methoxytryptamine, DOI (4-Iodo-2,5dimethoxyamphetamine), DOC (4-Chloro-2,5-dimethoxyamphetamine), 2C-E (4-Ethyl-2,5dimethoxyphenethylamine), 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine), 2C-C (4Chloro-2,5-dimethoxyphenethylamine), 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine),
2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine), 2C-T-7 (2,5-Dimethoxy-4-(n)propylthiophenethylamine), 2C-I (4-Iodo-2,5-dimethoxyphenethylamine), Butylone (beta-ketoN-methylbenzodioxolylpropylamine), Ethcathinone, Ethylone (3,4-methylenedioxy-Nethylcathinone), Naphyrone (naphthylpyrovalerone), N-N-Dimethyl-3,4methylenedioxycathinone, N-N-Diethyl-3,4-methylenedioxycathinone, 3,4-methylenedioxypropiophenone, 2-Bromo-3,4-Methylenedioxypropiophenone, 3,4-methylenedioxypropiophenone-2-oxime,N-Acetyl-3,4-methylenedioxycathinone, N-Acetyl-N-Methyl-3,4Methylenedioxycathinone, N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone,
47
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Bromomethcathinone, Buphedrone (alpha-methylamino-butyrophenone),Eutylone (beta-KetoEthylbenzodioxolylbutanamine), Dimethylcathinone, Dimethylmethcathinone, Pentylone (betaKeto-Methylbenzodioxolylpentanamine), (MDPPP) 3,4-Methylenedioxy-alpha
pyrrolidinopropiophenone, (MDPBP) 3,4-Methylenedioxy-alpha pyrrolidinobutiophenone,
Methoxy-alpha-pyrrolidinopropiophenone (MOPPP), Methyl-alpha-pyrrolidinohexiophenone
(MPHP), Benocyclidine (BCP), benzothiophenylcyclohexylpiperidine (BTCP),
Fluoromethylaminobutyrophenone (F-MABP), Methoxypyrrolidinobutyrophenone (MeO-PBP),
Ethyl-pyrrolidinobutyrophenone (Et-PBP), 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeOMCAT), Methylethylaminobutyrophenone (Me-EABP), Methylamino-butyrophenone (MABP),
Pyrrolidinopropiophenone (PPP), Pyrrolidinobutiophenone (PBP), Pyrrolidinovalerophenone
(PVP), Methyl-alpha-pyrrolidinopropiophenone (MPPP) or related salts, isomers, and salts of
isomers, listed in the controlled substance schedules in F.S. Ch. 893, as amended from time to
time, or otherwise prohibited by federal or state law, as such may be amended from time to time.
Synthetic stimulant bath salts as used in this section shall mean any substance, whether in
powder, crystal, liquid, tablet or capsule form, containing a synthetic stimulant as defined in this
section or to which a synthetic stimulant has been added or applied, that can be ingested by
smoking, inhaling or any other method, regardless of whether the substance is marketed as "not
for the purpose of human consumption", and regardless of how the substance is labeled,
including but not limited to use as bath salts, insect repellant, plant food, herbs, incense, iPod
cleaner, nutrient, dietary supplement or spice.
Synthetic stimulant as used in this section shall mean any chemical or mixture of chemicals,
however packaged, that has a stimulant effect on the central nervous system and is structurally
similar to cathinone, methcathinone, amphetamine, methamphetamine, cocaine, MDMA or any
other substance listed in definition of "structurally similar" above, or related salts, isomers, and
salts of isomers, as listed in the controlled substance schedules in F.S. Ch. 893, Florida Statutes,
as amended from time to time, or otherwise prohibited by federal or state law. "Synthetic
stimulant" shall also include any chemical or mixture of chemicals, however packaged, that
mimics the pharmacological effects of cathinone, methcathinone, amphetamine,
methamphetamine, cocaine, MDMA or any other substance listed in definition of "structurally
similar" above, or related salts, isomers, and salts of isomers. Packaging that indicates, suggests
or implies that a product mimics the pharmacological effects of cathinone, methcathinone,
amphetamine, methamphetamine , cocaine, ecstasy or any other substance listed in definition of
"structurally similar" above, shall create a presumption that the product mimics the effects of the
substance. "Synthetic stimulant" shall not include any substance currently listed in the controlled
substance schedules in F.S. Ch. 893, or otherwise prohibited by federal or state law, as such may
be amended from time to time.
(d) Sale, offer for sale and purchase with intent to sell synthetic stimulant bath salts and synthetic
stimulants prohibited. It shall be unlawful for any store owner, store manager, store purchasing
agent or any other person to sell, offer for sale or purchase with intent to sell any synthetic
stimulant bath salts as defined in this section or any synthetic stimulants as defined in this article.
48
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(e) Public display for sale of synthetic stimulant bath salts and synthetic stimulants prohibited. It
shall be unlawful for any store owner, store manager, store purchasing agent or any other person
to publicly display for sale any synthetic stimulant bath salts as defined in this section or any
synthetic stimulants as defined in this article.
(f) Affirmative defense. It shall be an affirmative defense to prosecution of a violation of this
section if the sale, offer for sale, purchase with intent to sell or public display for sale of
synthetic stimulant bath salts or synthetic stimulants as defined in this section is pursuant to the
direction or prescription of a licensed physician or dentist authorized in the State of Florida to
direct or prescribe such act.
(g) Seizure and destruction of synthetic stimulant bath salts and synthetic stimulants. Synthetic
stimulant bath salts and synthetic stimulants prohibited in this section may be seized by law
enforcement officers and may be destroyed in the same manner used to destroy narcotics and
contraband substances, after its use for evidentiary purposes in any judicial proceeding is no
longer required.
(h) Injunctive relief. The city shall have the authority to seek an injunction against any person or
business violating the provisions of this section. In any action seeking an injunction, the city
shall be entitled to collect its enforcement expenses, including forensic costs, law enforcement
costs and reasonable attorney fees and costs incurred at the trial level and on appeal.
(i) Subsequent federal or state action. If Congress or a federal agency amends federal law to
include a particular substance or otherwise enacts or amends a federal law providing for criminal
penalties for the prohibitions of substances set forth in this section, then upon the effective date
of such enactment or amendment, the provisions of this section addressed by federal law shall no
longer be deemed effective. Any violations of this section committed prior to Congress or a
federal agency enacting a federal law may be prosecuted.
If the Florida Legislature amends the controlled substance schedules in F.S. § 893.01, to include
a particular substance, or otherwise enacts or amends a state statute providing for criminal
penalties for the prohibitions of substances set forth in this section, then upon the effective date
of such enactment or amendment, the provisions of this section addressed by the state statute
shall no longer be deemed effective.
If the Florida Attorney General, pursuant to the rulemaking authority provided in F.S. Ch. 893,
adds a particular substance to the controlled substance schedules in F.S. § 893.01, then upon the
effective date of such enactment or amendment, the provisions of this section addressed by the
rulemaking shall no longer be deemed effective.
Any violations of this section committed prior to the Florida Legislature enacting such a statute
or the Florida Attorney General promulgating rules may be prosecuted.
49
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(j) Penalty. Any store owner, store manager, store purchasing agent or any other person violating
any provision of this section shall be punishable by a fine not to exceed five hundred dollars
($500.00), or by imprisonment not to exceed sixty (60) days or both, for each violation. This
section shall also be subject to enforcement via the Local Government Code Enforcement Act of
F.S. Ch. 162, pursuant to article IV, entitled "code enforcement" of chapter 2 entitled
"administration" of the City of Dania Beach Code of Ordinances.
(Ord. No. 2012-021, § 3, 8-14-12)
50
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Davie, FL
Part II – Code of Ordinances.
Chapter 16 – Offenses and Miscellaneous Provisions.
Article VII. Synthetic Cannabinoids and Synthetic Stimulants.
Division I. Generally.
Sec. 16-114. Short title.
Sec. 16-115. Purpose and intent.
Sec. 16-116. Definitions.
Sec. 16-117. Procedures and preemptions.
Sec. 16-118. Enforcement.
Sec. 16-119. Laws and regulations.
Sec. 16-114. Short title.
This article shall be known as and may be cited as the "Town of Davie Synthetic Drugs
Prohibition Ordinance".
(Ord. No. 2012-16, § 1, 8-1-12)
Sec. 16-115. Purpose and intent.
(a) Purpose and intent. The Town of Davie Mayor and Town Council members find and declare
that synthetic substances described hereunder are commonly used as alternatives to cannabis,
amphetamines, cocaine, ecstasy and other illegal drugs. The town council further finds that these
synthetic substances are particularly appealing to youth, and that these synthetic substances are
potentially dangerous to users in the short term and the long term effects are not yet known. The
town council finds that the products which contain these synthetic substances often use a
disclaimer that the product is "not for human consumption" to avoid regulations that require the
manufacturer to list the product's active ingredients. The town council finds that drug designers
and chemists can quickly create new synthetic drugs once federal or state law makes a particular
synthetic drug illegal. As such, the town council finds there is a need to declare illegal the sale,
offer for sale, purchase with intent to sell and public display for sale of synthetic substances that
mimic illegal controlled substances, even though such synthetic substances have not yet
themselves been categorized as illegal controlled substances under federal or state law. The town
council further finds that it is proper and necessary for the town council to exercise its authority
to safeguard and protect the public health, safety and welfare by taking this action.
(b) Application. This section shall be applicable throughout the incorporated municipal areas of
the Town of Davie to the fullest extent allowed by law.
(Ord. No. 2012-16, § 1, 8-1-12)
51
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 16-116. Definitions.
For purposes of this article, the following terms apply:
Deliver or delivery means actual, constructive or attempted transfer of possession of synthetic
cannabis and synthetic drugs, with or without consideration, whether or not there is an agency
relationship.
Knowledge means knows, acts knowingly or with knowledge:
(1) The nature or attendant circumstances of his/her conduct, described by the section defining
the offense, when he/she is consciously aware that his/her conduct is of such nature or that such
circumstances exist. Knowledge of a material fact includes awareness of the substantial
probability that such fact exists.
(2) The results of his/her conduct, described by the section defining the offense, when he/she is
consciously aware that such result is likely to be caused by his/her conduct.
(3) Knowledge may be inferred from the surrounding circumstances.
Manufacture means the production, preparation, propagation, compounding, conversion or
processing of synthetic cannabis or synthetic drugs, 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 synthetic drugs or labeling of its
container, except that this term does not include the preparation, compounding, packaging or
labeling of synthetic cannabis or synthetic drugs as an incident to lawful research, teaching or
chemical analysis and not for sale.
Person means any individual, corporation, business trust, estate, trust, partnership or association,
or any other entity.
Structurally similar as used in this section shall mean chemical substitutions off a common
chemical backbone associated with synthetic cannabinoids or synthetic cannabinoid-mimicking
compounds, listed in the controlled substance schedules in chapter 893, Florida Statutes, as
amended, or otherwise prohibited by federal or state law. "Structurally similar" shall also mean
chemical substitutions off a chemical backbone associated with cathinone, methcathinone,
amphetamine, methamphetamine, cocaine, 3, 4-methylenedioxymethamphetamine (MDMA),
3,4-methylenedioxymethcathinone, 3,4-methylenedioxypyrovalerone (MDPV), or related salts,
isomers, salts of isomers, and alkaloids in related chemical compounds, listed in the controlled
substance schedules in chapter 893, Florida Statutes, as amended, or otherwise prohibited by
federal or state law.
52
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Synthetic cannabinoid means an aromatic or non-aromatic plant material containing a synthetic
drug, or to which a synthetic drug has been sprayed, applied or otherwise added that is
distributed in a loose, leafy, powder or granular form or in a compressed block or blocks that can
be crushed to result in a powder or granular form, and can be placed into a pipe, cigarette paper
or drug paraphernalia for purposes of ingestion by smoking, inhaling or other methods. Synthetic
cannabinoids include but shall not be limited to the brand names K2 and Spice or other
structurally similar compounds that mimic the effects of Cannabis. As used in this definition,
synthetic cannabinoid drug means any chemical or mixture of chemicals, however packaged, that
is structurally similar to synthetic cannabinoids or synthetic cannabinoid-mimicking compounds
listed in the controlled substance schedules in Chapter 893, Florida Statutes, or otherwise
prohibited by federal or state law. "Synthetic cannabinoid drug" shall also include any chemical
or mixture of chemicals, however packaged, that mimics the effects of tetrahydrocannabinol
(also known as THC), the main ingredient found in marijuana. Packaging that indicates or
implies that a product mimics the effects of marijuana, such as "fake weed" or "fake pot", shall
create a presumption that the product mimics the effects of tetrahydrocannabinol. "Synthetic
drug" shall not include any substance currently listed in the controlled substance schedules in
Chapter 893, Florida Statutes, or otherwise prohibited by federal or state law.
Synthetic stimulant bath salts as used in this section shall mean any substance, whether in
powder, crystal, liquid, tablet or capsule form, containing a synthetic stimulant as defined herein
or to which a synthetic stimulant has been added or applied, that can be ingested by smoking,
inhaling or other method, regardless of whether the substance is marketed as "not for the purpose
of human consumption", and regardless of how the substance is labeled, including but not
limited to bath salts, insect repellant, plant food, herbs, incense, iPod cleaner, nutrient, dietary
supplement or spice. The synthetic stimulant bath salt compounds are reportedly sold as a legal
drug alternative and marketed as "bath salts" (under such names as Cloud 9, Ivory Wave, Ocean,
Charge Plus, White Lightning, Scarface, Hurricane Charlie, Vanella Sky, Bonzai Grow, Blue
Silk, Serenity Now, Lovey Dovey, Euphoria, Aura, Red Dove and White Dove).
Synthetic stimulant as used in this section shall mean any chemical or mixture of chemicals,
however packaged, that has a stimulant effect on the central nervous system and is structurally
similar to cathinone, methcathinone, amphetamine, cocaine, MDMA or other substances,
including related salts, isomers, and salts of isomers, and alkaloids, as listed in the controlled
substance schedules in Chapter 893, Florida Statutes, or otherwise prohibited by federal or state
law. Packaging that indicates, suggests or implies that a product mimics the pharmacological
effects of cathinone, methcathinone, amphetamine, methamphetamine, cocaine, ecstasy, or any
other substance listed in Chapter 893, Florida Statutes, and the controlled substance schedules
list, shall create a presumption that the product mimics the effects of the substance. "Synthetic
stimulant" shall not include any substance currently listed in the controlled substance schedules
in chapter 893, Florida Statutes, as may be amended from time to time, or otherwise prohibited
by federal or state law.
(Ord. No. 2012-16, § 1, 8-1-12)
53
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 16-117. Procedures and preemptions.
(a) Affirmative defense. It shall be an affirmative defense to prosecution of a violation of this
section if the sale, offer for sale, purchase with intent to sell or public display for sale of
synthetic cannabinoids and synthetic stimulants as defined herein is pursuant to the direction or
prescription of a licensed physician or dentist authorized in the State of Florida to direct or
prescribe such act.
(b) Seizure and destruction of synthetic cannabinoids and synthetic stimulants. Synthetic
cannabinoids and synthetic stimulants, including but not limited to products marketed as herbal
incense and bath salts, and prohibited herein, may be seized by law enforcement officers and
may be destroyed in the same manner used to destroy narcotics and contraband substances, after
its use for evidentiary purposes in any judicial proceeding is no longer required.
(c) Injunctive relief. The Town of Davie shall have the authority to seek an injunction against
any person or business violating the provisions of this section. In any action seeking an
injunction, the Town of Davie shall be entitled to collect its enforcement expenses, including
forensic costs, law enforcement costs and reasonable attorney fees and costs incurred at the trial
level and on appeal and any action to collect said costs and fees may be recorded.
(d) Superior priority liens. A certified copy of any fines, fees, prosecutorial costs assessed and
attorney fees encumbered in the enforcement of this article may be recorded among the public
records of the county and shall constitute a lien superior to all other liens and mortgages, except
for tax liens and mortgages recorded prior to the effective date of this article, and thereafter shall
constitute a lien against the land upon which the violation exists and the business, however if the
violator does not own the land, upon any other real or personal property owned by the violator. If
the violation occurs upon real property that is owned by a person proven to be without
knowledge of the violation, then the lien may be assessed against only those responsible persons
with knowledge. It may be enforced in the same manner as a court judgment by the sheriffs of
the state, including levy against the personal property, but shall not be deemed otherwise to be a
judgment of a court except for enforcement purposes. As authorized by law, the town council
may request that the town attorney foreclose on duly recorded liens that have remained unpaid.
Property subject to a lien established by the action and enforcement of this article or the
operation of the Local Government Code Enforcement Act in Chapter 162, Florida Statutes,
upon violations of this article, may be foreclosed by the town in a manner provided by state law
for the foreclosure of mortgages on real property, or, in the alternative, foreclosure proceedings
may be instituted and prosecuted under the provisions of Chapter 173, as currently enacted or as
amended from time to time, or payment enforced otherwise as authorized by law.
(e) Subsequent federal or state action. If Congress or a federal agency amends federal law to
include a particular substance or otherwise enacts or amends a federal law providing for criminal
penalties for the prohibitions of substances set forth in this article, then upon the effective date of
such enactment or amendment, the provisions of this article addressed by federal law shall no
54
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
longer be deemed effective. Any violations of this article committed prior to Congress or a
federal agency enacting a federal law may be prosecuted.
(f) If the Florida Legislature amends the controlled substance schedules in section 893.01,
Florida Statutes, to include a particular substance or otherwise enacts, or amends a state statute
providing for criminal penalties for the prohibitions of substances set forth in this article, then
upon the effective date of such enactment or amendment, the provisions of this article addressed
by the state statute shall no longer be deemed effective.
(g) If the Florida Attorney General pursuant to the rulemaking authority provided in Chapter 893
adds a particular substance to the controlled substance schedules in section 893.01, Florida
Statutes, then upon the effective date of such enactment or amendment, the provisions of this
article addressed by the state statute shall no longer be deemed effective.
(h) Any violations of this article committed prior to the Florida Legislature enacting such a
statute or the Florida Attorney General promulgating rules may be prosecuted.
(i) This article shall not preempt any subsequent state statute governing this subject area that is
more stringent than this article or that declares illegal a substance that is not declared illegal by
this article.
(Ord. No. 2012-16, § 1, 8-1-12)
Sec. 16-118. Enforcement.
(a) The Town of Davie Police Department, Code Compliance Division, town prosecuting
attorney or similarly-appointed or designated official(s), or any other accredited law enforcement
agency shall be capable of enforcing the provisions of this article.
(b) No person shall interfere with, hinder, or molest any agent of the town in the performance of
any duty as herein provided.
(c) Any violations of this article may be prosecuted in a county court pursuant to Florida Statutes
section 162.22.
(Ord. No. 2012-16, § 1, 8-1-12)
Sec. 16-119. Laws and regulations.
(a) Sale, offer for sale and purchase with intent to sell synthetic cannabinoids and synthetic
stimulants prohibited. It shall be unlawful for any store owner, store manager, store purchasing
agent or other person to sell, offer for sale or purchase with intent to sell any synthetic
cannabinoids and synthetic stimulants as defined herein.
55
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(b) Public display for sale of synthetic cannabinoids and synthetic stimulants prohibited. It shall
be unlawful for any store owner, store manager, store purchasing agent or other person to
publicly display for sale any synthetic cannabinoids and synthetic stimulants as defined herein.
(c) Affirmative defense. It shall be an affirmative defense to prosecution of a violation of this
section if the sale, offer for sale, purchase with intent to sell or public display for sale of
synthetic cannabinoids and synthetic stimulants is pursuant to the direction or prescription of a
licensed physician or dentist authorized in the State of Florida to direct or prescribe such act.
(d) Seizure and destruction of synthetic cannabinoids and synthetic stimulants. All synthetic
cannabinoids and synthetic stimulants prohibited by Florida Statutes Chapter 893, and found in
the list of controlled substances, and those structurally similar synthetic chemical compounds not
on that list but which mimic those controlled substances may be seized by law enforcement
officers and may be destroyed in the same manner used to destroy narcotics and contraband
substances upon authorization, after its use for evidentiary purposes in any judicial proceeding is
no longer required.
(e) Injunctive relief. The Town of Davie shall have the authority to seek an injunction against
any person or business violating the provisions of this section. In any action seeking an
injunction, the Town of Davie shall be entitled to collect its enforcement expenses, including
forensic costs, law enforcement costs and reasonable attorney fees and costs incurred at the trial
level and on appeal.
(f) Adoption of state law. The provisions of F.S. Chapter 893 are adopted and incorporated by
reference as though fully set forth herein, except as modified herein by the ordinance [from
which this article derives], and as said statute may be amended from time to time.
(Ord. No. 2012-16, § 1, 8-1-12)
Division 2. Penalties, Fines, Fees.
Sec. 16-120. Penalties.
Sec. 16-121. Administrative fees, penalties, and remedies.
Sec. 16-122. Other remedies.
Sec. 16-123. Severability.
Sec. 16-120. Penalties.
Any person, including but not limited to a store owner, store manager, store purchasing agent,
commercial operator, franchisor, franchisee or property owner who owns, rents, or leases said
commercial establishment found guilty of violating any provision of this article shall be
punishable by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to
exceed sixty (60) days, or both, for each violation, as per section 1-9 of the Town Code. In
addition, violations of this Code section may also be subject to enforcement via the Local
56
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Government Code Enforcement Act of Chapter 162, Florida Statutes, pursuant to article I,
entitled "Code Enforcement System" of chapter 6 entitled Code Enforcement Special Magistrate
of the Town of Davie Code of Ordinances.
(Ord. No. 2012-16, § 1, 8-1-12)
Sec. 16-121. Administrative fees, penalties, and remedies.
(a) The code enforcement special magistrate shall exercise the power to fine, suspend or revoke
the local business tax receipt of any sole proprietor, corporation or person who is convicted,
pleads guilty, pleads nolo contendere, receives court supervision or probation by a court of law
for the violation of any federal, state or Town of Davie ordinance related to synthetic drugs
identified in Chapter 893, Florida Statutes, schedule of controlled substances list as may be
amended from time to time, or any of those chemical compounds that are structurally similar to
the synthetic cannabinoids and synthetic stimulants though not included in the list of controlled
substances at a quasi-judicial hearing held under the provisions of Chapter 162, Florida Statutes.
The ruling shall be in the form of a final order that shall have the force of law. Said ruling may
be appealed by the respondent to an appropriate court with appellate jurisdiction;
notwithstanding said appeal, the original action contemplated within a final order shall be
applicable immediately upon its effective date to the subject person or business and the subject
person or business shall adhere to said action within said final order and only an appellate court
with jurisdiction shall overrule said finding after an appeal is timely filed and judgment received
or any other legal remedy is sought and received.
(b) The code enforcement special magistrate may issue an order upon any determination of the
finding of a violation of this Code section that corresponds to the Local Government Code
Enforcement Act of Chapter 162, Florida Statutes, pursuant to article I, entitled "Code
Enforcement System" of chapter 6 entitled Code Enforcement Special Magistrate of the Town of
Davie Code of Ordinances. Said finding of a violation and any order resulting from enforcement
may invoke all the penalties and procedures prescribed under Chapter 162.09, Florida Statutes.
(Ord. No. 2012-16, § 1, 8-1-12)
Sec. 16-122. Other remedies.
(a) In addition to the penalties provided for in this article, a person convicted hereunder shall pay
all costs of prosecution as may be borne by the Town of Davie, including but not limited to the
costs of testing any offending synthetic cannabinoid or synthetic stimulant or those synthetic
drugs that may mimic any of those substances found in the controlled substance schedule list in
Chapter 893, Florida Statutes.
(b) In addition to the assessments, fines and costs of enforcement, all other actions are hereby
reserved including in equity for the proper enforcement of this article.
57
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(c) The imposition of a fine or other penalty for any violation of, or noncompliance with, any
provision of this article shall not excuse the violation or noncompliance nor permit said violation
to continue; and all persons shall be required to correct or remedy such violation or
noncompliance. The assessments, fines, penalties, and other actions provided for in this article
shall be cumulative and resorting to any one (1) remedy shall not preclude the town from
pursuing other remedies provided for herein or by applicable laws of this state.
(d) Any items which may be seized or forfeited pursuant to statutes or guidelines for the State of
Florida, may be forfeited in the same manner as described therein for a violation of this section.
(e) The provisions of subsection 16-117(d) found herein shall control the enforcement of any
fines, penalties and fees assessed or encumbered by the town through the enforcement of this
article against a violator and that may be recorded as a superior priority lien in the public records
thereafter.
(Ord. No. 2012-16, § 1, 8-1-12)
Sec. 16-123. Severability.
If any section, subsection, sentence, clause or provision of this article is held invalid, the
remainder of this article shall not be affected by such invalidity.
(Ord. No. 2012-16, § 1, 8-1-12)
58
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Deerfield Beach, FL
Part II – Code of Ordinances.
Chapter 46. Offenses.
Sec. 46-35. Sale or display of herbal incense.
(a) Definitions. For the purpose of this section, the following definition shall apply:
Herbal incense shall mean aromatic plant material that is distributed in a loose, leafy, powder or
granular form, or in compressed blocks that can be easily crushed to result in a powder or
granular form, and can be placed into pipes, cigarette papers or other drug paraphernalia for
purposes of ingestion by smoking, inhaling or other methods whether or not such product is
labeled as not for human consumption.
(b) Sale or display prohibited. It is unlawful for any person as defined in section 1-2 of this Code
to sell, offer for sale or display herbal incense within the city limits of the City of Deerfield
Beach.
(c) Penalties.
(1) Any violation of the provisions of this section shall be punishable pursuant to section 1-15 of
this Code.
(2) The city may also enforce the provisions of this section through the code enforcement
process set forth within Chapter 2, Article VI of this Code.
(Ord. No. 2012/024, § 2, 6-19-12)
Sec. 46-36. Sale or display of synthetic stimulant bath salts.
(a) Definitions. For the purpose of this section, the following definition shall apply:
Synthetic stimulant bath salts shall mean any substance, whether in powder, crystal, liquid, tablet
or capsule form, containing a synthetic stimulant that can be ingested by smoking, inhaling or
other method, regardless of whether the substance is marketed as not for the purpose of human
consumption, and regardless of how the substance is labeled, including but not limited to bath
salts, insect repellant, plant food, herbs, incense, iPod cleaner, nutrient, dietary supplement or
spice.
Synthetic stimulant shall mean any chemical or mixture of chemicals, however packaged, that
has a stimulant effect on the central nervous system. Packaging that indicates, suggests or
implies that a product mimics the pharmacological effects of cathinone, methcathinone,
amphetamine(s), methamphetamine, cocaine, ecstasy or any other substance listed in the
59
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
controlled substance schedules in F.S. ch. 893 or otherwise prohibited by federal or state law,
shall create a presumption that the product mimics the effects of the substance.
(b) Sale or display prohibited. It is unlawful for any person as defined in section 1-2 of this Code
to sell, offer for sale or display synthetic stimulant bath salts within the city limits of the City of
Deerfield Beach.
(c) Penalties.
(1) Any violation of the provisions of this section shall be punishable pursuant to section 1-15 of
this Code.
(2) The city may also enforce the provisions of this section through the code enforcement
process set forth within Chapter 2, Article VI of this Code.
(Ord. No. 2012/038, § 2, 9-4-12)
60
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Edgewater, FL
Part II – Code of Ordinances.
Chapter 12 – Offenses and Miscellaneous Provisions.
Article I. In General.
Sec. 12-6. Synthetic alternative drugs prohibited.
It is prohibited and unlawful to sell, offer to sell, display, deliver or possess any bath salt, herbal
incense product which contain any substances and/or compounds defined in F.S. § 893.03, or §
893.0356, or any product containing a synthetic alternative drug, spice/synthetic marijuana,
synthetic psychedelic/hallucinogen or synthetic stimulant product for known purposes other than
the commercial intent and/or use for which the product was manufactured and labeled for.
(a) Definitions. For the purposes of this section, the following definitions shall apply unless the
context clearly indicates or requires a different meaning:
Bath salts, synthetic cathinones/synthetic stimulants means any product distributed in a loose,
leafy, powder, crystal or granular form or in a compressed block(s) that can be crushed to result
in a powder or granular form, that can be ingested by placing in a pipe, cigarette paper, syringe
or any other paraphernalia used for the purpose of ingesting by smoking, inhaling or other
method of ingestion, that contains any synthetic derivative of cathinone including, but not
limited to, Methlenedioxypyrovalerone (MDPV), and/or any derivative of MDPV and/or any
other compound defined in F.S. § 893.03, or any derivative of said compound, which mimics the
physiological effects of said compounds. The term includes, but is not limited to, any crystalline
or powder product in crystalline, loose-powder, block, tablet, or capsule form, or any stimulanttype product, when the label is in any way false or misleading, or which does not contain a label
specifying (1) the identity of the commodity, and (2) the name and place of business of the
manufacturer, packer, or distributor. Street names for these products include, but are not limited
to, the following: Bliss, Blue Silk, Cloud Nine, Drone, Energy-1, Ivory Wave, Lunar Wave,
Meow Meow, Ocean Burst, Pure Ivory, Purple Wave, Red Dove, Snow Leopard, Stardust,
Vanilla Sky, White Dove, White Knight, White Lightening, Blizzard, Bonzai Grow, Charge
Plus, Charlie, Euphoria, Hurricane, Ocean, Pixie Dust, Posh, Scarface, Lovey Dovey, Aura,
MDPV, MDPK, MTV, Maddie, Hurricane Charlie, Black Rob, Super Coke, PV, Peeve, Meph
and MCAT.
Drug means any form of a compound or material that is intended to affect the function of the
body of humans.
Drug paraphernalia means any object used, intended for use or designed for use in ingesting,
inhaling or otherwise introducing marijuana, cocaine, or other illicit drugs or controlled
substances into the human body including, but not limited to, the following: metal, wooden,
acrylic, glass, stone, plastic or ceramic pipes (with or without screen, permanent screens, hashish
heads or punctured metal bowls); water pipes; carburetion tubes and devices, smoking in
carburetion masks; roach clips; miniature cocaine spoons and cocaine vials; chamber pipes;
61
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
carburetor pipes; electric pipes; air driven pipes; chillums; bongs; ice pipes or chillers; provided,
however, that the term shall not include devices that are necessary to ingest or inject prescription
drugs. In determining whether an object is drug paraphernalia, the Citizen Code Board may
consider any of the factors enumerated in F.S. § 893.146. The definition set forth in F.S. §
893.145, is hereby adopted.
Herbal incense means any aromatic or non-aromatic plant material that is distributed in a loose,
leafy, powder or granular form, or in compressed block(s) that can easily be crushed or ground
into a powder or granular form, and can be placed into a pipe, cigarette papers or any other
paraphernalia used for the purpose of ingesting by smoking, inhaling or other method of
ingestion.
Illicit synthetic drugs means and includes spice; synthetic cannabinoids, synthetic marijuana,
bath salts, synthetic cathinones, synthetic stimulants and misbranded drugs.
Misbranded drug means a drug that violations F.S. § 499.007, including, but not limited to,
drugs for which (1) the label is in any way false or misleading; (2) the label does not bear the
name and place of business of the manufacturer, repackager, or distributor of the finished form
of the drug; (3) the label does not bear adequate directions for use; or (4) the label does not bear
adequate warnings against use.
Product containing a synthetic alternative drug means any product containing a synthetic
cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined in the definitions
set forth herein and, such as, but not limited to, the examples of brand names or identifiers listed
in Exhibit "A" attached hereto and incorporated herein; provided, however, that the listed names
are examples only. [Exhibit A can be found at the end of this section.]
Spice/synthetic marijuana means any aromatic or non-aromatic plant material containing any
compound defined in F.S. § 893.03, and any aromatic plant material in granular, loose leaf or
powder form, or in liquid or as a food additive, whether said compound has been sprayed,
applied or otherwise added, and/or any other derivative of said compound that mimics the
physiological effects of said compound, that is distributed in a loose, leafy, powder, crystal or
granular form or in a compressed block(s) that can be crushed to result in a powder or granular
form, that can be ingested by placing in a pipe, cigarette paper or any other paraphernalia used
for the purpose of ingesting by smoking, inhaling or other method of ingestion or any laboratorycreated compound that functions similar to the active ingredient in marijuana,
tetrahyrdocannabinol (THC) including, but not limited to, any quantity of a natural or synthetic
material, compound, mixture, preparation, substance and their analog (including isomers, esters,
ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist, such as, but not
limited to, the examples of brand names or identifiers listed on Exhibit "A" attached hereto and
incorporated here. Street names for these products include, but are not limited to: Bliss, Black
Mamba, Bombay Blue, Fake Weed, Genie, Spice, Zohai, K2, K3, Smoke, Pot-Pourri, Buzz,
Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Stinger, Ocean Blue, Serenity, Chronic
Spice, Spice Gold, Spice Silver, Skunk, Mr. Nice Guy, Mr. Happy, K-3 Legal, Sence, Chill X,
62
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Earth Impact, Galaxy Gold, Space Truckin, Solar Flare, Moon Rocks, Aroma, Scope, Sky High,
Atomic, G-20, Guerrilla Warfare, Makes Scents, g-13, Tiger Shark, California Dreams, Bullett,
Mind Trip, Voodoo Child, Jazz Nightlights, Matrix, Hypnotiq, AK47, Maui Wowie, Cloud 9,
Daylights, Joker, Dead Man Walking, Brain Storm, Soul Sence, Kush, Kush Mania, Dragons
Fire, Lucid, Mad Hatter, Scooby Snax, D-ZL, OMG, Demon, Barely In, Pineapple Express,
Hayze. The term includes any herbal-incense type stimulant or hallucinogen product, when the
label is in any way false or misleading, or which does not contain a label specifying (1) the
identity of the commodity and (2) the name and place of business of the manufacturer, packer or
distributor.
Synthetic psychedelic/hallucinogen means any compound that mimics the effects of any federally
controlled Schedule I substances, including but not limited to, and quantity of a natural or
synthetic material, compound, mixture, preparation, substance and their analogy (including salts,
isomers, esters, ethers and salts of isomers) containing substances which have a
psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as, but not
limited to, the examples of brand names or identifiers listed on Exhibit "A" which is attached
hereto and incorporated herein. [Exhibit A can be found at the end of this section.]
Synthetic stimulant means any compound that mimics the effects of any federally controlled
Schedule I substance such as cathinone, methacathinone, MDMA and MDEA, including, but
limited to, any quantity of a natural or synthetic material, compound, mixture, preparation,
substance and their analog (including salts, isomers, and salts of isomers) containing substances
which have a stimulant effect on the central nervous system, such as, but not limited to, the
examples of brand names or identifiers listed on Exhibit "A" which is attached hereto and
incorporated herein. [Exhibit A can be found at the end of this section.]
(b) Enforcement and penalties.
(1) Each violation of any of the provisions contained in this section shall constitute a separate
violation/offense and be subject to a separate penalty.
(2) Any person found guilty, regardless of whether adjudication is withheld of any violation
under this section shall be liable for payment of the costs of prosecution and all investigative
costs incurred, including but not limited to any costs for laboratory testing.
(3) Code enforcement officer and the police department shall have primary enforcement
responsibility for section 12-5 (smoking devices/paraphernalia prohibited). If violations are
enforced through code enforcement, the process shall be held in accordance with chapter 10
(health, sanitation, property maintenance and code enforcement), article XXVII (code
compliance process) of the Code of Ordinances.
(4) Any officer investigating an offense shall do so in accordance with the code enforcement
process referred to in subparagraph (3) and in accordance with the penalties contained in section
63
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
11-16 (suspension or revocation of certificate of use), article I (in general) of chapter 11
(Business tax receipts and business regulations).
(Ord. No. 2012-O-12, Pt. A(Exh. A), 1-7-13)
Exhibit A
2010
8-Bali
Aztec Gold
Aztec Midnight Wind a
Tezcatlipoc
Back Draft
Bad 2 the Bone
Banana Cream Nuke
Bayou Blaster Black
Black Mamba
Blueberry Hayze
Blueberry Spicey
Bombay Blue
Buzz
Bomb Nitro
C4 Herbal Incense
Caneff
C3
Chill X
Chronic Spice
Cherry Bomb
Citrus
Colorado Chronic
Cill Out
D-Rail
DaBlock
Cosmic Blend
Demon
Diamond Black
Dark Night II
Dragon Spice
Dream
Diamond Spirit
Earth
Earthquake
Dynamite New (black
package)
Euphoria
exSES
Eruption Spice
EX-SES Platinum Blueberry
EX-SES Platinum Cherry
EX-SES Platinum
EX-SES Platinum Vanilla
Cinnamon
Fire Bird Ultimate Strength
EX-SES Platinum
Strawberry
Freedom
Fully Loaded
Forest Hummus
Funky Monkey XXXX
G Four
Funky Monkey
Genie
Gold Spirit Spice
G Greenies Caramel Crunch Greenies Strawberry
Heaven Improved
Green Monkey Chronic
Salvia
Humboldt Gold
Improved K3 Kryptonite
Heavenscent Suave
Jamaican Gold
Jamaican Gold K
K1 Gravity
K1 Orbit
K2
K2 Amazonian Shelter
K2 Blonde
K2 Blue
K2 Blueberry
K2 Citron
64
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
K2 Cloud 9
K2 Kryptonite
K2 Latte
K2 Mellon
K2 Mint
K2 Orisha Black Magic Max
K2 Orisha Max K2 Orisha
Regular K2 Orisha Super
K2 Orisha White Magic Super
K2 Peach
K2 Pina Colada
K2 Pineapple
K2 Pineapple Express
K2 Pink
K2 Pink Panties
K2 Sex
K2 Silver
K2 Solid Sec on the Mountain
K2 Solid Sex on the Mountain K2 Standard
K2 Strawberry
K2 Summit
K2 Summit Coffee Wonk
K2 Thai Dream
K2 Ultra
K2 (unknown variety)
K2 Watermelon
K3
K3 Blueberry
K3 Cosmic Blend
K3 Dust
K3 Grape
K3 Heaven Improved
K3 Heaven Legal
K3 Improved New K3
K3 Kryptonite
K3 Legal
K3 Legal — Earth (Silver)
K3 Legal — Original (Black)
K3 Legal — Sea (Silver)
K3 Legal — Sun (Black)
K3 Mango
K3 Original
K3 Original Improved
K3 Strawberry
K3 Sun
K3 Sun Improved
K3 Sun Legal
K3 XXX
K4
K4 Bubble Bubble
K4 Gold
K4 Purple Haze
K4 Silver
K4 Summit
K4 Summit Remix
Kind Spice
Legal Eagle
Legal Eagle Apple Pie
Love Potion 69 Potpourri Gold
Love Strawberry
Magic Dragon Platinum
Magic Gold
Magic Salvia
Magic Silver
Magic Spice
Mega Bomb
Mid-Atlantic Exemplar
Mid-Atlantic Exemplar (K2
Summit)
Midnight Chill
MNGB Almond/Vanilla
MNGB Peppermint
MNGB Pinata Colada
MNGB Spear Mint
Moe Joe Fire
Mojo
Mr. Smiley's
MTh-787
Mystery
Naughty Nights
New Improved K3
New K3
New K3 Heaven New
Ocean Blue
Paradize
p.e.p. pourri Love
Strawberry
p.e.p. pourri Original Spearmint
65
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
p.e.p. pourri Twisted Vanilla
p.e.p. pourri X Blueberry
Pink Tiger
Potpourri
POW
Pulse
Rasta Citrus Spice
Rebel Spice
Red Bird
Regular XXX Strawberry
Royal
Samurai Spirit
Sativah
Scope Vanilla
Scope Wildberry
Sea Improved New
Sence
Shanti Spice
Shanti Spice Blueberry
Silent Black
Skunk
Smoke
Smoke Plus
Space
Spice Arctic Synergy
Spice Diamond
Spice Gold
Spice Silver
Spice Tropical Synergy
Spicer Ultra
Spicey Regular XXX
Spicey XXX
Spicey Ultra
Spicy Ultra Strong
Spicylicious
Spike 99
Spike 99 Ultra
Spike 99 Ultra Blueberry
Spike 99 Ultra Cherry
Spike 99 Ultra Strawberry
Spike Diamond
Spike Gold
Spike Max
Spike Silver
Stinger
Strong XXX Strawberry
Strong XXX Vanilla
Suave
Summer Skyy
Super Kush
Super Summit
Swagger Grape
SYN Chill
SYN Incense Lemon Lime
SYN Incense Smooth
SYN Incense Spearmint
SYN Lemon Lime #2
SYN Smooth
SYN Spearmint
SYN Spearmint #2
SYN Swagg
SYN Vanilla
SYN Vanilla #2
Texas Gold
Time Warp
Tribal Warrior
Tropical Thunder
Ultra Cloud 10
Unknown Cigarette
Utopia
Utopia — Blue Berry
Voo Doo Remix (Orange
package)
Voodoo Child
Voodoo Magic
Voodoo Remix
Who Dat
Who Dat Herbal Incense
Wicked X
Winter Boost Wood Stock
XTREME Spice
Yucatan Fire
Zombie World
66
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Fort Lauderdale, FL
Chapter 16. Miscellaneous Provisions and Offenses.
Article III. Offenses Involving Public Safety.
Sec. 16-55. Sale, offering for sale, delivery or possession of herbal incense, synthetic marijuana
and bath salts.
(a) Definitions.
Bath salts shall mean any product distributed in a loose, leafy, powder, crystal or granular form
or in a compressed block(s) that can be crushed to result in a powder or granular form, that can
be ingested by placing in a pipe, cigarette paper, syringe or any other paraphernalia used for the
purpose of ingesting by smoking, inhaling or other method of ingestion, that contains any
synthetic derivative of cathinone, including but not limited to Methlenedioxypyrovalerone
(MDPV), and/or any derivative of MDPV and/or any other compound defined in F.S. § 893.03,
and/or any derivative of said compound, which mimics the physiological effects of said
compounds.
Herbal incense shall mean any aromatic or non-aromatic plant material that is distributed in a
loose, leafy, powder or granular form, or in compressed block(s) that can easily be crushed or
ground into a powder or granular form, and can be placed into a pipe, cigarette papers or any
other paraphernalia used for the purpose of ingesting by smoking, inhaling or other method of
ingestion.
Synthetic marijuana shall mean any aromatic or non-aromatic plant material containing any
compound defined in F.S. § 893.03, whether said compound has been sprayed, applied or
otherwise added, and/or any other derivative of said compound that mimics the physiological
effects of said compound, that is distributed in a loose, leafy, powder, crystal or granular form or
in a compressed block(s) that can be crushed to result in a powder or granular form, that can be
ingested by placing in a pipe, cigarette paper or any other paraphernalia used for the purpose of
ingesting by smoking, inhaling or other method of ingestion.
(b) Label requirements.
(1) Any herbal incense or bath salt product must contain on its packaging a label containing the
following information: A complete list of all ingredients and chemical compounds contained
therein, regardless of whether said ingredients and/or compounds are natural, manmade or are
contained therein as a result of the combining of one or more natural ingredients or compounds.
Additionally, the packaging shall contain the following warning: "This product is not for human
consumption. The ingestion of this product may cause paranoia, severe anxiety, hallucinations,
suicidal thoughts, combative behavior, nausea, increased heart rate, seizures and possibly death".
67
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(2) The labeled ingredients and warning requirements in subsection (1) must be in all capital
letters and the size of all other letters on the packaging shall be the same as the size of such
letters. Additionally, the labeled ingredients and warning in subsection (1) shall be in a
conspicuous and legible type in contrast by the typography, layout, or color with all other printed
material on the package.
(3) It shall be unlawful to sell, offer to sell, display or deliver any herbal incense or bath salts
product without compliance with the label requirements herein.
(c) It shall be unlawful to sell, offer to sell, display, deliver or possess any herbal incense,
synthetic marijuana and bath salt product, which contain any substances and/or compounds
defined in F.S. § 893.03 and/or F.S. § 893.0356.
(d) Each violation of any of the provisions of this section shall constitute a separate violation and
subject to a separate penalty herein.
(e) Any person found guilty of violating any of the provisions of this section shall, upon
conviction, be penalized as provided in section 1-6 of this Code.
(f) Any person found guilty, regardless of whether adjudication is withheld, of any violation
under this section shall be liable for payment of the costs of prosecution and all investigative
costs incurred, including but not limited to any cost for laboratory testing.
(g) Enforcement under this section does not prohibit the city from seeking any other remedies
provided by this Code or state law.
(Ord. No. C-12-27, § 1, 8-21-12)
68
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Hillsboro County, FL
Hillsboro County Code of Ordinances and Laws
Chapter 36. Offenses and Miscellaneous Provisions.
Article VII. Synthetic Drug Ordinance.
Sec. 36-501. Intent.
Sec. 36-502. Title.
Sec. 36-503. Definitions.
Sec. 36-504. Determination of a product as a synthetic drug.
Sec. 36-505. Prohibited acts.
Sec. 36-506. Laboratory analysis.
Sec. 36-507. Enforcement and penalties.
Sec. 36-508. Conflict with State law.
Sec. 36-509. Severability.
Sec. 36-510. Application.
Sec. 36-501. Intent.
It is the intent of the Hillsborough County Board of County Commissioners to protect the health,
safety, and welfare of its citizens by prohibiting the possession, use, sale, and manufacture of
synthetic substances as defined herein which, when consumed, mimic the effects of marijuana,
narcotics, or other controlled substances.
(Ord. No. 13-3, § 1, 2-20-2013)
Sec. 36-502. Title.
This article shall be known and may be cited as the "Synthetic Drug Ordinance."
(Ord. No. 13-3, § 2, 2-20-2013)
Sec. 36-503. Definitions.
(a) Synthetic chemical or synthetic chemical compound refers to a chemical or chemical
compound whose molecular make up is similar to those substances listed as controlled
substances in F.S. ch. 893, and whose intended primary use when introduced into the human
body is to mimic the effects of a controlled substance.
(b) Synthetic drugs means both "synthetic cannabinoids" and "bath salts" as defined in this
article.
(c) Synthetic cannabinoids means any herbal or plant material which has been soaked, sprayed,
or otherwise enhanced with a synthetic chemical or synthetic chemical compound that enables
the herbal or plant material, or the smoke emitted from its burning, to mimic or simulate the
effects of a controlled substance when inhaled, ingested, or otherwise introduced into the human
69
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
body. Any herbal or plant material described above shall be considered a synthetic cannabinoid
regardless of the labeling posted on the packaging for the material and regardless of whether the
labeling states that its contents are "not for human consumption," "not for smoking," or contains
some other similar statement. The fact that a herbal or plant material, packaged and advertised as
a food additive, plant food, insect repellant, potpourri, incense, etc., has been soaked, sprayed, or
otherwise enhanced with a synthetic chemical or synthetic chemical compound which has no
legitimate relation to the advertised use of the product may be considered in determining whether
the product is considered a synthetic cannabinoid. This term specifically does not include any
herbal or plant material containing synthetic chemicals or chemical compounds which: (1)
require a prescription; (2) are approved by the United States Food and Drug Administration; and
(3) are dispensed in accordance with Florida and Federal law.
(d) Bath salts means any granular, powdered, stick, or block material which has been treated, or
otherwise enhanced with a synthetic chemical or synthetic chemical compound that enables the
material, or the smoke emitted from its burning, to mimic or simulate the effects of a narcotic or
other controlled substance when inhaled, ingested, or otherwise introduced into the human body.
Any material described above shall be considered a synthetic drug regardless of the labeling
posted on the packaging for the material and regardless of whether the labeling states that its
contents are "not for human consumption," "not for smoking," or contains some other similar
statement. The fact that a material, packaged and advertised as a cleaning agent, food additive,
therapeutic bath crystals, plant food, insect repellant potpourri, incense, etc., has been soaked,
sprayed, or otherwise enhanced with a synthetic chemical or synthetic chemical compound
which has no legitimate relation to the advertised use of the product may be considered in
determining whether the product is considered a synthetic drug. This term specifically does not
include any material containing synthetic chemicals or chemical compounds which: (1) require a
prescription; (2) are approved by the United States Food and Drug Administration; and (3) are
dispensed in accordance with Florida and Federal law.
(e) Controlled substance means any substance defined or listed in Schedule I, II, III, or IV of F.S.
§ 893.03, as amended including any isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers of such substances.
(Ord. No. 13-3, § 3, 2-20-2013)
Sec. 36-504. Determination of a product as a synthetic drug.
The following factors, taken in the totality of the circumstances, may be considered in
determining whether a product, substance, or other material should be classified as a synthetic
drug. For the purposes of enforcement pursuant to Section 36-505(d) of this article, the
establishment of two or more of these factors shall constitute prima facie evidence that the
product is a synthetic drug.
70
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(1) Marketing: A product routinely advertised to be a substance for which it is rarely, if ever,
suitable to be used for (i.e. - incense, potpourri, food additive, therapeutic bath crystals, plant
food, insect repellant, iPod cleaner, glass cleaner, etc.).
(2) Sales location: Products displayed and sold in businesses such as liquor stores, smoke shops,
and gas/convenience stores where such advertised products are not typically sold.
(3) Labels and packaging:
a. Products marketed as common non-consumable products which contain warnings not normally
found on such products. The warnings may be similar, but not limited to, "not for human
consumption", "not for purchase by minors", etc., or
b. Products containing notices on the package not normally found on similar products such as,
but not limited to, "does not contain any chemical compounds prohibited by State law," "contains
no prohibited chemicals," "product is in accordance with State and Federal laws," "product is in
compliance with new Florida Law HB 1175," "does not contain AM2201 or any DEA banned
substance, "legal herbal substance," "100% compliant guaranteed," "100% chemical free,"
"100% synthetic free," etc.
c. Products whose package labeling suggests the user will achieve a "high", euphoria, relaxation,
mood enhancement, or that the product has other effects on the body.
(4) Price: The price of the advertised product is much more expensive than other products
marketed in the Hillsborough County area for the same or similar use.
(5) Misleading directions: The product contains directions for the product's use, which is not
consistent for the type of product advertised. (Example: "Place caplet over door to enhance
mood".)
(6) Similarity to illicit street drugs:
a. Products designed to make the substance appear similar to illicit street drugs (such as a white
powder made to resemble cocaine, or an herbal substance dyed green to resemble marijuana);
and/or
b. Products advertised using brand names and packaging designed to make the product appear
similar to illicit street drugs, or labeled with names similar to commonly used street slang for
illicit drugs, which names or labeling has no relation to the advertised use of the product being
sold. (Common brand names currently being used include, but are not limited to, "AK-47",
"Aroma", "Atomic", "Aura", "Aurora Incense", "Barely In", "Black Mamba", "Black Rob",
"Bliss", "Blizzard", "Blue Silk", "Bonzai Grow", "Boombay Blue", "Brain Storm", "Bullet",
"Buzz", "California Dreams", "Charge Plus", "Charlie", "Chill X", "Chronic Spice", "Cloud 9",
71
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
"Dank", "Daylights", "Dead Man Walking", "Demon", "Diable Botanical Incense", "Dragons
Fire", "Drone", "D-ZL", "Earth Impact", "Earthquake", "Eight Balls", "Energy-1", "Euphoria",
"Fake Weed", "Fuzzy Wuzzy", "G-13", "G-20", "Galaxy Gold", "Genie", "Grape Ape Herbal
Incense", "Green Buddha", "Guerrilla Warfare", "Hayze", "Hypnotig", "Hurricane", "Hurricane
Charlie", "Hush", "Ivory Wave", "Jazz", "Joker", "K-2", "K-3", "K-3 Legal", "Kryptonite",
"Kush", "Kush Mania", "Lovely Dovey", "Lucid", "Lunar Wave", "Maddie", "Mad Hatter",
"Makes Scents", "Man of Steel", "Matrix", "Maui Wowie", "MCAT", "MDPV", "MDPK",
"Meow Meow", "Meph", "Mind Trip", "Moon Rocks", "Mr. Happy", "Mr. and Mrs. Marley",
"Mr. Nice Guy", "MTV", "Mystery", "Nightlights", "Ocean", "Ocean Blue", "Ocean Burst",
"OMG", "O-Zone", "Peeve", "Pineapple Express", "Pixie Dust", "Posh", "Pot-Pourri", "Puff",
"Pulse", "Pure Ivory", "Purple Haze", "Purple Wave", "PV", "Red Dove", "Scarface", "Scooby
Snax", "Scope", "Sence", "Serenity", "Skunk", "Sky High", "Smoke", "Snow Leopard", "Solar
Flare", "Soul Sence", "Space Truckin", "Spice", "Spice 99", "Spice Gold", "Spice Silver",
"Stardust", "Stinger", "Sugar Sticks", "Supper Coke", "Three Monkey Incense", "Tiger Shark",
"Vanilla Sky", "Voodoo", "Voodoo Child", "White Dove", "White Knight", "White Lightening",
"Zohai", and a group of products marketed as from "The Spice Guy".)
(7) Ingredients: A product which has been enhanced with a synthetic chemical or synthetic
chemical compound that has no legitimate relation to the advertised use of the product but
mimics the effects of a controlled substance when the product, or the smoke from the burned
product, is introduced into the human body.
(8) Verbal or written representations: Verbal or written representations made at the place of sale
or display regarding the purpose, methods, use, or effect of the product.
(Ord. No. 13-3, § 4, 2-20-2013)
Sec. 36-505. Prohibited acts.
(a) The possession, use, sale, distribution, production, or manufacture of synthetic drugs, as
defined in this article, is prohibited in Hillsborough County.
(b) The display for sale or marketing of synthetic drugs, as defined in this article, on retail store
shelves is prohibited in Hillsborough County.
(c) The advertisement of synthetic drugs, as defined in this article, is prohibited in Hillsborough
County.
(d) The display for sale, marketing, advertisement, or other offer to sale of any product described
in Subsections (1) through (8) of Section 36-504 above is prohibited, and may be enforced
administratively as a County Code violation.
(Ord. No. 13-3, § 5, 2-20-2013)
72
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 36-506. Laboratory analysis.
Any laboratory analysis of suspected synthetic drug products shall be conducted by a State
certified private laboratory, competent to provide expert testimony in a court of law as to the
chemical contents of the product and to the effect such contents may have if introduced into a
human body. The Hillsborough Board of County Commissioners shall provide funding for such
laboratory analysis and required expert testimony. Upon the administrative determination of a
violation, costs for such analysis and expert testimony shall be assessable against the person or
entity charged with the violation.
(Ord. No. 13-3, § 6, 2-20-2013)
Sec. 36-507. Enforcement and penalties.
(a) Primary responsibility for the enforcement of this article shall be with the Hillsborough
County Consumer Protection Office and the Hillsborough County Code Enforcement Office.
This article may be enforced administratively as a code enforcement violation pursuant to
Chapter 14, Article II of the Hillsborough County Code of Ordinances and Laws, as amended.
For the purposes of administrative enforcement of this article, each package containing a
synthetic drug, or each package containing a product prohibited in Subsection (d) of Section 36505 above, shall be considered a separate code violation. This article is administratively
enforceable against any natural person, business entity, trust, partnership, corporation, lessee, or
property owner. Due to the dangerous medical and health effects the products prohibited by this
article can have on the user of the product, each violation shall be considered a serious threat to
the public health, safety, and welfare of the citizens of Hillsborough County.
For the purposes of administrative enforcement, municipal code enforcement or code compliance
officers are specifically authorized and designated to enforce this article within the city limits of
their jurisdiction to the extent such authorization/designation is required by law. County
consumer protection or code enforcement officers may enforce this article within the
municipalities pursuant to a valid interlocal agreement. This article shall not preempt any
municipal ordinance governing the subject area herein that conflicts with, or is more stringent
than, this article or that prohibits a substance or product that is not prohibited by this article.
A duly appointed Special Magistrate, or Code Enforcement Board of Hillsborough County, upon
determining that a violation of this article has occurred, shall order the violator(s) to pay a fine of
$500.00 for each violation. Upon determining that a repeat violation of this article has occurred
within one year of a previous violation, the Special Magistrate, or Code Enforcement Board shall
order the violator(s) to pay a fine of $1,000.00 for each violation. In any order finding a violation
of this article, the Special Magistrate, or Code Enforcement Board, shall order that, in addition to
the above referenced fine, a daily fine shall be assessed for failure to comply with the order
within 30 calendar days of its execution. In any order finding a violation of this article, the
Special Magistrate, or Code Enforcement Board, shall also order the violator(s) to pay any
laboratory analysis and expert testimony costs incurred by the County in the enforcement of this
73
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
article. All orders not complied with within 30 days shall be recorded in the Public Records of
Hillsborough County and shall become a lien on the violator's property or any property later
acquired by the violator.
(b) Nothing contained herein shall prevent the County from taking such other lawful action in
law and equity as may be necessary to remedy any violation of, or refusal to comply with, any
part of this article including but not limited to:
(1) Pursuit of injunctive and/or declaratory relief in a court of competent jurisdiction;
(2) Initiating an action to recover any and all damages that may result from a violation of, or a
refusal to comply with, any part of this article; or
(3) Utilizing any other action or enforcement method allowable by law.
(Ord. No. 13-3, § 7, 2-20-2013)
Sec. 36-508. Conflict with State law.
Nothing in this article is intended to conflict with the provisions of the Florida Constitution or
any Florida Statute. In the event of a direct and express conflict between this article and either
the Florida Constitution or the Florida Statutes, then the provisions of the Florida Constitution or
Florida Statutes, as applicable, control.
(Ord. No. 13-3, § 8, 2-20-2013)
Sec. 36-509. Severability.
If any section, subsection, sentence, clause, phrase, or provision of this article is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not be
construed to render the remaining provisions of this article invalid or unconstitutional.
(Ord. No. 13-3, § 9, 2-20-2013)
Sec. 36-510. Application.
This article shall be applicable throughout the incorporated and unincorporated areas of
Hillsborough County.
(Ord. No. 13-3, § 10, 2-20-2013)
74
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Holly Hill, FL
Part II – Code of Ordinances.
Chapter 38 – Miscellaneous Offenses.
Article I. In General.
Sec. 38-2. Sale or display of herbal incense and bath salts.
(a) Definitions. For purposes of this section, the following definition shall apply:
Bath salts means any substance containing a synthetic derivative of cathinone or any substance,
whether in crystal, powder, liquid, tablet or capsule form, which contains any synthetic
stimulant, notwithstanding any disclaimer such as "not for human consumption" and regardless
of how the substance is displayed, marketed or labeled, including bath salts, potpourri, or other
household products. This definition does not include 1) any pharmaceutical drugs containing
synthetic cathinones or other synthetic stimulants approved by the FDA and available with a
valid prescription, or 2) traditional bath salts that do not contain synthetic chemical stimulants
such as sodium chloride, sea salts, magnesium sulfate (Epsom salts), sodium bicarbonate, and
borax. Product packaging that indicates, suggests or implies that a substance mimics the
pharmacological effects of cathinone, methcathinone, amphetamines, cocaine or MDMA creates
a presumption that the person displaying or offering the substance for sale knows or should know
that the substance contains a synthetic stimulant as defined herein.
Herbal incense means aromatic plant material, containing synthetic chemical compounds or to
which any synthetic chemical compound has been added that has the same or similar adverse
affects as a controlled substance, that is displayed, sold, or distributed in a loose, leafy, powder
or granular form, or in compressed blocks that can be easily crushed to result in a powder or
granular form, and can be placed into pipes, cigarette papers or other drug paraphernalia for
ingestion by smoking, inhaling or other methods.
(b) Sale, display, or distribution prohibited. It is unlawful for any person or entity to knowingly
sell, offer for sale, display or distribute herbal incense or bath salts within the city.
(c) Enforcement. This section shall be enforced as a code violation pursuant to chapter 2
(administration), article III (boards, commissions, committees), division 3 (code enforcement).
(Ord. No. 2924, § 2, 11-13-12)
75
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Key West, FL
Subpart A – General Ordinances.
Chapter 42. Miscellaneous Offenses.
Sec. 42-16. Sale, display, offer for sale, and purchase with intent to sell herbal incense
prohibited.
(a) Definitions. For purposes of this section, the following definitions shall apply: "Herbal
incense" shall mean aromatic plant material that is distributed in a loose, leafy, powder or
granular form, or in compressed blocks that can be easily crushed to result in a powder or
granular form, and can be placed into pipes, cigarette papers or other drug paraphernalia for
purposes of ingestion by smoking, inhaling or other methods whether or not such product is
labeled as not for human consumption.
(b) Sale, display, offer for sale and purchase with intent to sell herbal incense prohibited. It shall
be unlawful for any person to sell, display, offer for sale, or purchase with intent to sell any
herbal incense as defined herein within the city limits of the City of Key West.
(c) Seizure and destruction of herbal incense. Herbal incense prohibited herein may be seized by
law enforcement officers and may be destroyed in the same manner used to destroy narcotics and
contraband substances, after its use for evidentiary purposes in any judicial proceeding is no
longer required.
(d) Injunctive relief. The City of Key West shall have the authority to seek an injunction against
any person or business violating the provisions of this section. In any action seeking an
injunction, the city shall be entitled to collect its enforcement expenses, including forensic costs,
law enforcement costs and reasonable attorney fees and costs incurred at the trial level and on
appeal.
(e) Penalties. Any violation of the provisions of this section shall be punishable pursuant to
section 1-15 of the Code of Ordinances.
(Ord. No. 12-20, § 1, 8-7-2012)
Sec. 42-17. Sale, display, offer for sale, and purchase with intent to sell prohibited of synthetic
stimulant bath salts, synthetic cathinones, synthetic amphetamines and other synthetic stimulants
that mimic illegal drugs.
(a) Definitions. For purposes of this section, the following definitions shall apply:
(1) Structurally similar as used in this section shall mean chemical substitutions off a common
chemical backbone associated with cathinone, methcathinone, amphetamine, methamphetamine,
cocaine, 3,4- methylenedioxymethamphetamine (MDMA), 3,4-methylenedioxymethcathinone,
3,4-methylenedioxypyrovalerone (MDPV), methylmethcathinone, methoxymethcathinone,
76
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
methylethcathinone, fluoromethcathinone, BZP (benzylpiperazine), fluorophenylpiperazine,
methylphenylpiperazine, chlorophenylpiperazine, methoxyphenylpiperazine, DBZP (1,4dibenzylpiperazine), TFMPP (3-Trifluoromethylphenylpiperazine), MBDB
(Methylbenzodioxolylbutanamine), 5-Hydroxy-alpha- methyltryptamine, 5-Hydroxy-Nmethyltryptamine, 5-Methoxy-N-methyl-N-isopropyltryptamine, 5-Methoxy-alphamethyltryptamine, methyltryptamine, 5-Methoxy-N,N-dimethyltryptamine, 5-Methyl- N,Ndimethyltryptamine, Tyramine (4-Hydroxyphenethylamine), 5- Methoxy-N,NDiisopropyltryptamine, DiPT (N,N-Diisopropyltryptamine), DPT (N,N-Dipropyltryptamine), 4Hydroxy-N,N-diisopropyltryptamine, N,N-Diallyl-5- Methoxytryptamine, DOI (4-Iodo-2,5dimethoxyamphetamine), DOC (4-Chloro-2,5-dimethoxyamphetamine), 2C-E (4-Ethyl-2,5dimethoxyphenethylamine), 2C-T-4 (2,5-Dimethoxy-4- isopropylthiophenethylamine), 2C-C (4Chloro-2,5- dimethoxyphenethylamine), 2C-T (2,5-Dimethoxy-4- methylthiophenethylamine),
2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine), 2C-T-7 (2,5-Dimethoxy-4-(n)propylthiophenethylamine), 2C-I (4-Iodo-2,5-dimethoxyphenethylamine), Butylone (beta-ketoN-methylbenzodioxolylpropylamine), Ethcathinone, Ethylone (3,4-methylenedioxy-Nethylcathinone), Naphyrone (naphthylpyrovalerone), N-N-Dimethyl-3,4methylenedioxycathinone, N-N-Diethyl-3,4-methylenedioxycathinone, 3,4-methylenedioxypropiophenone, 2-Bromo-3,4-Methylenedioxypropiophenone, 3,4-methylenedioxypropiophenone-2-oxime, N-Acetyl-3,4-methylenedioxycathinone, N-Acetyl-N-Methyl-3,4Methylenedioxycathinone, N-Acetyl-N-Ethyl-3,4-ethylenedioxycathinone,
Bromomethcathinone, Buphedrone (alpha-methylamino-butyrophenone), Eutylone (beta-KetoEthylbenzodioxolylbutanamine), Dimethylcathinone, Dimethylmethcathinone, Pentylone (betaKeto-Methylbenzodioxolylpentanamine), (MDPPP) 3,4-Methylenedioxy-alpha
pyrrolidinopropiophenone, (MDPBP) 3,4-Methylenedioxy-alpha pyrrolidinobutiophenone,
Methoxy-alpha-pyrrolidinopropiophenone (MOPPP), Methyl-alpha-pyrrolidinohexiophenone
(MPHP), Benocyclidine (BCP), benzothiophenylcyclohexylpiperidine (BTCP),
Fluoromethylaminobutyrophenone (F-MABP), Methoxypyrrolidinobutyrophenone (MeO-PBP),
Ethyl-pyrrolidinobutyrophenone (Et-PBP), 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeOMCAT), Methylethylaminobutyrophenone (Me-EABP), Methylamino-butyrophenone (MABP),
Pyrrolidinopropiophenone (PPP), Pyrrolidinobutiophenone (PBP), Pyrrolidinovalerophenone
(PVP), Methyl-alpha-pyrrolidinopropiophenone (MPPP), or related salts, isomers, and salts of
isomers, listed in the controlled substance schedules in F.S. ch. 893, as amended, or otherwise
prohibited by federal or state law.
(2) Synthetic stimulant bath salts as used in this section shall mean any substance, whether in
powder, crystal, liquid, tablet or capsule form, containing a synthetic stimulant as defined herein
or to which a synthetic stimulant has been added or applied, that can be ingested by smoking,
inhaling or other method, regardless of whether the substance is marketed as not for the purpose
of human consumption, and regardless of how the substance is labeled, including but not limited
to bath salts, insect repellant, plant food, herbs, incense, iPod cleaner, nutrient, dietary
supplement or spice.
77
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(3) Synthetic stimulant as used in this section shall mean any chemical or mixture of chemicals,
however packaged, that has a stimulant effect on the central nervous system and is structurally
similar to cathinone, methcathinone, amphetamine, methamphetamine, cocaine, MDMA or any
other substance listed in paragraph (1) above, or related salts, isomers, and salts of isomers, as
listed in the controlled substance schedules in F.S. ch. 893, or otherwise prohibited by federal or
state law. "Synthetic stimulant" shall also include any chemical or mixture of chemicals,
however packaged, that mimics the pharmacological effects of cathinone, methcathinone,
amphetamine, methamphetamine, cocaine, MDMA or any other substance listed in paragraph (1)
above, or related salts, isomers, and salts of isomers. Packaging that indicates, suggests or
implies that a product mimics the pharmacological effects of cathinone, methcathinone,
amphetamine, methamphetamine, cocaine, ecstasy or any other substance listed in paragraph (1)
above, shall create a presumption that the product mimics the effects of the substance.
"Synthetic stimulant" shall not include any substance currently listed in the controlled substance
schedules in F.S. ch. 893, or otherwise prohibited by federal or state law, as such may be
amended from time to time.
(b) Sale, display, offer for sale and purchase with intent to sell synthetic stimulant bath salts and
synthetic stimulants prohibited. It shall be unlawful for any person to sell, display, offer for sale
or purchase with intent to sell any synthetic stimulant bath salts as defined herein or any
synthetic stimulants as defined herein within the city limits of Key West.
(c) Seizure and destruction of synthetic stimulant bath salts and synthetic stimulants. Synthetic
stimulant bath salts and synthetic stimulants prohibited herein may be seized by law enforcement
officers and may be destroyed in the same manner used to destroy narcotics and contraband
substances, after its use for evidentiary purposes in any judicial proceeding is no longer required.
(d) Injunctive relief. The City of Key West shall have the authority to seek an injunction against
any person or business violating the provisions of this section. In any action seeking an
injunction, the city shall be entitled to collect its enforcement expenses, including forensic costs,
law enforcement costs and reasonable attorney fees and costs incurred at the trial level and on
appeal.
(e) Penalties. Any violation of the provisions of this section shall be punishable pursuant to
section 1-15 of the Code of Ordinances.
(Ord. No. 12-21, § 1, 8-7-2012)
78
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Lauderdale Lakes, FL
Part II – Code of Ordinances.
Chapter 54 – Miscellaneous Offenses.
Article I. In General.
Sec. 54-3. - Sale, offering for sale, delivery or possession of herbal incense, synthetic marijuana
and bath salts.
(a) Definitions.
Herbal incense means any aromatic or non-aromatic plant material that is distributed in a loose,
leafy, powder or granular form, or in compressed block(s) that can easily be crushed or ground
into a powder or granular form, and can be placed into a pipe, cigarette papers or any other
paraphernalia used for the purpose of ingesting by smoking, inhaling or other method of
ingestion.
Synthetic marijuana means any aromatic or non-aromatic plant material containing any
compound defined in F.S. § 893.03, whether said compound has been sprayed, applied or
otherwise added, and/or any other derivative of said compound that mimics the physiological
effects of said compound, that is distributed in a loose, leafy, powder, crystal or granular form or
in a compressed block(s) that can be crushed to result in a powder or granular form, that can be
ingested by placing in a pipe, cigarette paper or any other paraphernalia used for the purpose of
ingesting by smoking, inhaling or other method of ingestion.
Bath salts means any product distributed in a loose, leafy, powder, crystal or granular form or in
a compressed block(s) that can be crushed to result in a powder or granular form, that can be
ingested by placing in a pipe, cigarette paper, syringe or any other paraphernalia used for the
purpose of ingesting by smoking, inhaling or other method of ingestion, that contains any
synthetic derivative of cathinone, including but not Methlenedioxvpyrovalerone (MDPV), and/or
or any derivative of MDPV and/or any other compound defined in F.S. § 893.03, and/or any
derivative of said compound, which mimics the physiological effects of said compounds.
(b) Label requirements.
(1) Any herbal incense or bath salt product must contain on its packaging a label containing the
following information: A complete list of all ingredients and chemical compounds contained
therein, regardless of whether said ingredients and/or compounds are natural, manmade or are
contained therein as a result of the combining of one or more natural ingredients or compounds.
Additionally, the packaging shall contain the following warning: "This product is not for human
consumption. The ingestion of this product may cause paranoia, severe anxiety, hallucinations,
suicidal thoughts, combative behavior, nausea, increased heart rate, seizures and possibly death".
79
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(2) The labeled ingredients and warning requirements in subsection (1) above must be in all
capital letters and the size of all other letters on the packaging shall be the same as the size of
such letters. Additionally, the labeled ingredients and warning in subsection (1) above shall be in
a conspicuous and legible type in contrast by the typography, layout, or color with all other
printed material on the package.
(3) It shall be unlawful to sell, offer to sell, display or deliver any herbal incense or bath salts
product without compliance with the label requirements herein.
(c) It shall be unlawful to sell, offer to sell, display, deliver or possess any herbal incense,
synthetic marijuana and bath salt product, which contain any substances and/or compounds
defined in F.S. § 893.03 and/or § 893.0356.
(d) Each violation of any of the provisions of this section shall constitute a separate violation and
subject to a separate penalty herein.
(e) Any person found guilty of violating any of the provisions of this section shall, upon
conviction, be penalized as provided in section 1-6 of this Code.
(f) Any person found guilty, regardless of whether adjudication is withheld, of any violation
under this section shall be liable for payment of the costs of prosecution and all investigative
costs incurred, including, but not limited to, any cost for laboratory testing.
(g) Enforcement under this section does not prohibit the city from seeking any other remedies
provided by this Code or state law.
(Ord. No. 2012-18, § 2, 10-23-2012)
80
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Lighthouse Point, FL
Part II – City Code.
Chapter 54 – Offenses and Miscellaneous Provisions.
Article I. In General.
Sec. 54-13. - Sale or display of herbal incense and bath salts.
(a) Definitions. For purposes of this section, the following definitions shall apply unless the
context clearly indicates or requires a different meaning:
Bath salts or synthetic cathinones shall mean any product or material sold in powder. block or
granular form containing any chemical compound, synthetic or natural, which imitate the effect
of any controlled substance which may be used or converted into a form intended for
introduction into the human body.
Herbal incense or synthetic cannabinoids shall mean any loose leaf granular incense or aromatic
material containing any chemical compound, synthetic or natural, which imitate the effect of any
controlled substance in granular, loose leaf or powder form which may be used or converted into
a form intended for introduction into the human body.
(b) Sale or display prohibited. It is unlawful for any person to sell or display herbal incense or
bath salts as defined by this section within the city in a manner which is inconsistent with its
stated use.
(c) Factors. The factors that indicate a violation of this section include. but are not limited to:
(1) The price of the substance.
(2) How the substance is displayed or sold.
(3) The quantity of the substance.
(4) The packaging of the substance:
a. As compared to recognized legitimate commercially available products intended for the same
purpose.
b. Is designed to appeal to youth or young adults promoting a use contrary to its stated purpose.
(5) The usefulness of the substance.
(6) How the substance compares to other recognized legitimate commercially available products
intended for the same purpose.
81
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(d) Enforcement. This section may be enforced by any law or code enforcement officer of the
city. Any herbal incense or bath salts as defined by the section may be seized and held by the city
as evidence to be used in any further proceeding.
(e) Penalties for violation. Any person found violating this section shall be subject to a fine of up
to $250.00 per day for the first occurrence, and $500.00 per day for each additional occurrence,
in accordance with [section 1-7] of this Code.
(Ord. No. 2012-0901, § 2, 7-10-2012)
82
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Miami, FL
Part II – The Code.
Chapter 37. Offenses – Miscellaneous.
Sec. 37-9. Sale or display of bath salts prohibited.
(a) It shall be unlawful to sell or display for sale bath salts within the city. For purposes of this
section, "bath salt" and "bath salts" are defined as any item labeled, marketed or sold using the
term "bath salt" or "bath salts" and which is packaged in quantities of less than 16 ounces or in
pill, tablet or capsule form. Such "bath salts" shall be presumed as intended for human
consumption notwithstanding any labeling to the contrary. This section shall not apply to
ordinary baking soda or Epsom salts.
(b) It shall be unlawful to sell or display for sale any bath salts within ten feet of any tobacco
products or smoking paraphernalia.
(c) Enforcement. This section may be enforced by any police officer or code inspector of the
city.
(d) Penalties. Any person who violates any provision of this section commits a municipal
ordinance violation and may be punished as provided in section 1-13 of the Code. Alternatively,
a violation of this section may be enforced by a civil penalty of $500.00 pursuant to the
provisions of section 2-823 through 2-830 of this Code.
(Ord. No. 13324, § 2, 6-28-12)
83
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Miami – Dade County, FL
Part III – Code of Ordinances.
Chapter 21 – Offenses and Miscellaneous Provisions.
Article IV. Miscellaneous.
Sec. 21-22. Sale, offer for sale, purchase with intent to sell and public display for sale of
synthetic cannabinoid herbal incense prohibited.
(a) Purpose and intent. The Miami-Dade County Board of County Commissioners finds and
declares that the products and synthetic substances described hereunder are commonly used as
alternatives to marijuana. The Board further finds that these synthetic substances are particularly
appealing to youth, and that these synthetic substances are potentially dangerous to users in the
short term and that the long term effects are not yet known. The Board finds that the products
which contain these synthetic substances often use a disclaimer that the product is "not for
human consumption" to avoid regulations requiring the manufacturer to list the product's active
ingredients. The Board finds drug designers and chemists can quickly create new synthetic drugs
once federal or state law makes a particular synthetic drug illegal. As such, the Board finds there
is a need to declare illegal the sale, offer for sale, purchase with intent to sell and public display
for sale of synthetic substances that mimic illegal controlled substances that have not yet
themselves been categorized as illegal controlled substances under federal or state law. The
Board further finds that it is proper and necessary for the Board to exercise its authority to
safeguard and protect the public health, safety and welfare by taking this action.
(b) Application. This section shall be applicable in the incorporated and unincorporated areas of
Miami-Dade County, with the enforcement of the provision of this section in the unincorporated
area being the responsibility of Miami-Dade County and in the incorporated area being the
responsibility of the respective municipalities.
(c) Preemption. This section shall not preempt any municipal ordinance governing this subject
area that is more stringent than this ordinance or that declares illegal a substance that is not
declared illegal by this ordinance.
(d) Definitions. For purposes of this section, the following terms apply:
(1) Structurally similar as used in this section shall mean chemical substitutions off a common
chemical backbone associated with synthetic cannabinoids, synthetic cannabinoid-mimicking
compounds, 2-[(1R, 3S)-3-hydroxycyclohexyl]-5- (2-methyloctan-2-yl) phenol, also known as
CP 47,497 and its dimethyloctyl (C8) homologue, (6aR, 10aR) -9- (hydroxymethyl) -6, 6dimethyl-3- (2-methyloctan-2-yl) -6a, 7, 10, 10a-tetrahydrobenzo [c] chromen-1-ol, also known
as HU-210, 1-Pentyl-3- (1-naphthoyl) indole, also known as JWH-018, 1-Butyl-3- (1-naphthoyl)
indole, also known as JWH-073, 1-[2-(4-morpholinyl)ethyl]-3-(1- naphthoyl)indole, also known
as JWH-200, JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole), JWH-015 (2-Methyl-1propyl-1H-indol-3-yl)-1- naphthalenylmethanone), JWH-019 (Naphthalen-1-yl-(1-hexylindol-384
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
yl)methanone), JWH-020 (1- heptyl-3-(1-naphthoyl)indole), JWH-072 (Naphthalen-1 -yl-(1propyl-1H-indol-3-yl)methanone), JWH-081 (4-methoxynaphthalen-1-yl-(l-pentylindol-3yl)methanone), JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole), JWH-133 ((6aR, 10aR)-3(1,1-Dimethylbutyl)-6a.,7,10,10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran)), JWH-175
(3-(naphthalen-1-ylmethyl)-1-pentyl-1H-indole), JWH-201 (1-pentyl-3-(4methoxyphenylacetyl)indole), JWH-203 (2-(2- chlorophenyl)-1-(1-pentylindol-3-yl)ethanone),
JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone), JWH-250 (2-(2methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone), JWH-251 (2-(2-methylphenyl)-1-(1-pentyl1H-indol-3-yl)ethanone), JWH-302 (1-pentyl-3-(3-methoxyphenylacetyl)indole), JWH-398 (1pentyl-3-(4-chloro-1-naphthoyl)indole), HU-211 ((6aS, 10aS)-9-(Hydroxymethyl)-6,6-dimethyl3 -(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol), HU-308 ([(1R,2R,5R)-2[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]
methanol), HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-( 1-methylethenyl)-2-cyclohexen-1-yl]5-pentyl-2,5-cyclohexadiene-1,4-dione), CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1yl)methanone), CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)-undecanamide), CB-52
(N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)-undecanamide), CP 55,940 (2-[(1R,2R,5R)-5hydroxy-2-(3hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol), AM-694 (1-[(5fluoropentyl)-1H-indol-3-yl]-(2-iodophenyl)methanone), AM-2201 (1-[(5- fluoropentyl)-1Hindol-3-yl]-(naphthalen-1-yl)methanone), RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3yl)methanone), RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenylethanone),
WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4benzoxazin-6-yl]-1-naphthalenylmethanone), WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone), or
related salts, isomers, and salts of isomers, listed in the controlled substance schedules in Chapter
893, Florida Statutes, as amended, or otherwise prohibited by federal or state law.
(2) Synthetic cannabinoid herbal incense as used in this section shall mean aromatic or
nonaromatic plant material containing a synthetic drug, or to which a synthetic drug has been
sprayed, applied or otherwise added, that is distributed in a loose, leafy, powder or granular form
or in a compressed block or blocks that can be crushed to result in a powder or granular form,
and can be placed into a pipe, cigarette paper or drug paraphernalia for purposes of ingestion by
smoking, inhaling or other method, regardless of whether the substance is marketed as not for the
purpose of human consumption, and regardless of how the substance is labeled, including, but
not limited to, insect repellant, plant food, herbs, incense, nutrient, dietary supplement or spice.
(3) Synthetic drug as used in this section shall mean any chemical or mixture of chemicals,
however packaged, that is structurally similar to synthetic cannabinoids, synthetic cannabinoidmimicking compounds or any other substance listed in paragraph (1) above, or related salts,
isomers, or salts of isomers, as listed in the controlled substance schedules in Chapter 893,
Florida Statutes, or otherwise prohibited by federal or state law, as such may be amended from
time to time. "Synthetic drug" also shall include any chemical or mixture of chemicals, however
packaged, that mimics the effects of tetrahydrocannabinol (also known as THC), the main active
ingredient found in marijuana or any other substance listed in paragraph (1) above, or related
85
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
salts, isomers, or salts of isomers, as Packaging that indicates or implies that a product mimics
the effects of marijuana, such as "fake weed" or "fake pot" or any other substance listed in
paragraph (1) above, shall create a presumption that the product mimics the effects of
tetrahydrocannabinol. "Synthetic drug" shall not include any substance currently listed in the
controlled substance schedules in Chapter 893, Florida Statutes, or otherwise prohibited by
federal or state law, as such may be amended from time to time.
(e) Sale, offer for sale and purchase with intent to sell synthetic cannabinoid herbal incense
prohibited. It shall be unlawful for any store owner, store manager, store purchasing agent or
other person to sell, offer for sale or purchase with intent to sell any synthetic cannabinoid herbal
incense as defined herein.
(f) Public display for sale of synthetic cannabinoid herbal incense prohibited. It shall be unlawful
for any store owner, store manager, store purchasing agent or other person to publicly display for
sale any synthetic cannabinoid herbal incense as defined herein.
(g) Affirmative defense. It shall be an affirmative defense to prosecution of a violation of this
section if the sale, offer for sale or public display for sale of synthetic cannabinoid herbal incense
is pursuant to the direction or prescription of a licensed physician or dentist authorized in the
State of Florida to direct or prescribe such act.
(h) Seizure and destruction of synthetic cannabinoid herbal incense. Synthetic cannabinoid
herbal incense prohibited herein may be seized by law enforcement officers and may be
destroyed in the same manner used to destroy narcotics and contraband substances, after its use
for evidentiary purposes in any judicial proceeding is no longer required.
(i) Injunctive relief. Miami-Dade County shall have the authority to seek an injunction against
any person or business violating the provisions of this section. In any action seeking an
injunction, Miami-Dade County shall be entitled to collect its enforcement expenses, including
forensic costs, law enforcement costs and reasonable attorney fees and costs incurred at trial and
on appeal.
(j) Subsequent federal or state action. If Congress or a federal agency amends federal law to
include a particular substance or otherwise enacts or amends a federal law providing for criminal
penalties for the prohibitions of substances set forth in this ordinance, then upon the effective
date of such enactment or amendment, the provisions of this ordinance addressed by federal law
shall no longer be deemed effective. Any violations of this ordinance committed prior to the
Congress or a federal agency enacting a federal law may be prosecuted.
If the Florida Legislature amends the controlled substance schedules in Section 893.01, Florida
Statutes, to include a particular substance or otherwise enacts, or amends a state statute providing
for criminal penalties for the prohibitions of substances set forth in this ordinance, then upon the
86
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
effective date of such enactment or amendment, the provisions of this ordinance addressed by the
state statute shall no longer be deemed effective.
If the Florida Attorney General pursuant to the rulemaking authority provided in Chapter 893[,
Florida Statutes,] adds a particular substance to the controlled substance schedules in Section
893.01, Florida Statutes, then upon the effective date of such enactment or amendment, the
provisions of this ordinance addressed by the state statute shall no longer be deemed effective.
Any violations of this ordinance committed prior to the Florida Legislature enacting such a
statute or the Florida Attorney General promulgating rules may be prosecuted.
(k) Penalty. Any store owner, store manager, store purchasing agent or other person violating
any provision of this section shall be punishable by:
(1) A fine not to exceed five hundred dollars ($500.00);
(2) Imprisonment in the county jail for a period not to exceed sixty (60) days;
(3) Both such fine and imprisonment in the discretion of the court having jurisdiction over the
cause;
(4) Fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or
(5) Completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order
of the Board of County Commissioners.
(Ord. No. 12-44, § 1, 7-3-12)
Sec. 21-22.1. Sale, offer for sale, purchase with intent to sell and public display for sale
prohibited of synthetic stimulant bath salts, synthetic cathinones, synthetic amphetamines and
other synthetic stimulants that mimic illegal drugs.
(a) Purpose and intent. The Miami-Dade County Board of County Commissioners finds and
declares that the products and synthetic substances described hereunder are commonly used as
alternatives to amphetamines, cocaine, ecstasy and other illegal drugs. The Board further finds
that these synthetic substances are particularly appealing to youth, and that these synthetic
substances are potentially dangerous to users in the short term and the long term effects are not
yet known. The Board finds that the products which contain these synthetic substances often use
a disclaimer that the product is "not for human consumption" to avoid regulations that require the
manufacturer to list the product's active ingredients. The Board finds that drug designers and
chemists can quickly create new synthetic drugs once federal or state law makes a particular
synthetic drug illegal. As such, the Board finds there is a need to declare illegal the sale, offer for
sale, purchase with intent to sell and public display for sale of synthetic substances that mimic
illegal controlled substances, even though such synthetic substances have not yet themselves
been categorized as illegal controlled substances under federal or state law. The Board further
87
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
finds that it is proper and necessary for the Board to exercise its authority to safeguard and
protect the public health, safety and welfare by taking this action.
(b) Application. This section shall be applicable in the incorporated and unincorporated areas of
Miami-Dade County, with the enforcement of the provision of this section in the unincorporated
area being the responsibility of Miami-Dade County and in the incorporated area being the
responsibility of the respective municipalities.
(c) Preemption. This section shall not preempt any municipal ordinance governing this subject
area that is more stringent than this ordinance or that declares illegal a substance that is not
declared illegal by this ordinance.
(d) Definitions. For purposes of this section, the following terms apply;
(1) Structurally similar as used in this section shall mean chemical substitutions off a common
chemical backbone associated with cathinone, methcathinone, amphetamine, methamphetamine,
cocaine, 3,4-methylenedioxymethamphetamine (MDMA), 3,4-methylenedioxymethcathinone,
3,4- methylenedioxypyrovalerone (MDPV), methylmethcathinone, methoxymethcathinone,
methylethcathinone, fluoromethcathinone, BZP (benzylpiperazine), fluorophenylpiperazine,
methylphenylpiperazine, chlorophenylpiperazine, methoxyphenylpiperazine, DBZP (1,4dibenzylpiperazine), TFMPP (3-Trifluoromethylphenylpiperazine), MBDB
(Methylbenzodioxolylbutanamine), 5-Hydroxy-alpha-methyltryptamine, 5-Hydroxy-Nmethyltryptamine, 5-Methoxy-N-methyl-N-isopropyltryptamine, 5-Methoxy-alphamethyltryptamine, methyltryptamine, 5-Methoxy- N,N-dimethyltryptamine, 5-Methyl-N,Ndimethyltryptamine, 5-Methoxy-N,N-Diisopropyltryptamine, DiPT (N,NDiisopropyltryptamine), DPT N,N-Dipropyltryptamine) 4-Hydroxy-N,N-diisopropyltryptamine,
N,N-Diallyl-5-Methoxytryptamine, DOI (4-Iodo-2,5-dimethoxyamphetamine), DOC (4-Chloro2,5- dimethoxyamphetamine), 2C-E (4-Ethyl-2,5- dimethoxyphenethylamine), 2C-T-4 (2,5Dimethoxy-4-isopropylthiophenethylamine), 2C-C (4-Chloro-2, 5-dimethoxyphenethylamine),
2C-T (2,5-Dimethoxy-4-methylthiophenethylamine), 2C- T-2 (2,5-Dimethoxy-4ethylthiophenethylamine), 2C-T-7 (2,5-Dimethoxy-4-(n)-propylthiophenethylamine), 2C-I (4Iodo-2,5-dimethoxyphenethylamine), Butylone (beta-keto-N-methylbenzodioxolylpropylamine),
Ethcathinone, Ethylone (3,4-methylenedioxy-N-ethylcathinone), Naphyrone
(naphthylpyrovalerone), N-N-Dimethyl-3,4-methylenedioxycathinone, N-N-Diethyl-3,4methylenedioxycathinone, 3,4-methylenedioxy-propiophenone, 2-Bromo-3,4Methylenedioxypropiophenone, 3,4-methylenedioxy-propiophenone-2-oxime, N-Acetyl-3,4methylenedioxycathinone, N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone, N-Acetyl-NEthyl-3,4-Methylenedioxycathinone, Bromomethcathinone, Buphedrone (alpha-methylaminobutyrophenone), Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine), Dimethylcathinone,
Dimethylmethcathinone, Pentylone (beta-Keto-Methylbenzodioxolylpentanamine), (MDPPP)
3,4-Methylenedioxy-alpha pyrrolidinopropiophenone, (MDPBP) 3,4-Methylenedioxy-alpha
pyrrolidinobutiophenone, Methoxy-alpha-pyrrolidinopropiophenone (MOPPP), Methyl-alphapyrrolidinohexiophenone (MPHP), Benocyclidine (BCP), benzothiophenylcyclohexylpiperidine
88
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(BTCP), Fluoromethylaminobutyrophenone (F- MABP), Methoxypyrrolidinobutyrophenone
(MeO- PBP), Ethyl-pyrrolidinobutyrophenone (Et-PBP), 3-Methyl-4-Methoxymethcathinone (3Me-4-MeO- MCAT), Methylethylaminobutyrophenone (Me-EABP), Methylaminobutyrophenone (MABP), Pyrrolidinopropiophenone (PPP), Pyrrolidinobutiophenone (PBP),
Pyrrolidinovalerophenone (PVP), Methyl-alpha-pyrrolidinopropiophenone (MPPP), or related
salts, isomers, and salts of isomers, listed in the controlled substance schedules in Chapter 893,
Florida Statutes, as amended, or otherwise prohibited by federal or state law.
(2) Synthetic stimulant bath salts as used in this section shall mean any substance, whether in
powder, crystal, liquid, tablet or capsule form, containing a synthetic stimulant as defined herein
or to which a synthetic stimulant has been added or applied, that can be ingested by smoking,
inhaling or other method, regardless of whether the substance is marketed as not for the purpose
of human consumption, and regardless of how the substance is labeled, including, but not limited
to, bath salts, insect repellant, plant food, herbs, incense, iPod cleaner, nutrient, dietary
supplement or spice.
(3) Synthetic stimulant as used in this section shall mean any chemical or mixture of chemicals,
however packaged, that has a stimulant effect on the central nervous system and is structurally
similar to cathinone, methcathinone, amphetamine, methamphetamine, cocaine, MDMA or any
other substance listed in paragraph (1) above, or related salts, isomers, and salts of isomers, as
listed in the controlled substance schedules in Chapter 893, Florida Statutes, or otherwise
prohibited by federal or state law. "Synthetic stimulant" shall also include any chemical or
mixture of chemicals, however packaged, that mimics the pharmacological effects of cathinone,
methcathinone, amphetamine, methamphetamine, cocaine, MDMA or any other substance listed
in paragraph (1) above, or related salts, isomers, and salts of isomers. Packaging that indicates,
suggests or implies that a product mimics the pharmacological effects of cathinone,
methcathinone, amphetamine, methamphetamine, cocaine, ecstasy or any other substance listed
in paragraph (1) above, shall create a presumption that the product mimics the effects of the
substance. "Synthetic stimulant" shall not include any substance currently listed in the controlled
substance schedules in Chapter 893, Florida Statutes, or otherwise prohibited by federal or state
law, as such may be amended from time to time.
(e) Sale, offer for sale and purchase with intent to sell synthetic stimulant bath salts and synthetic
stimulants prohibited. It shall be unlawful for any store owner, store manager, store purchasing
agent or other person to sell, offer for sale or purchase with intent to sell any synthetic stimulant
bath salts as defined herein or any synthetic stimulants as defined herein.
(f) Public display for sale of synthetic stimulant bath salts and synthetic stimulants prohibited. It
shall be unlawful for any store owner, store manager, store purchasing agent or other person to
publicly display for sale any synthetic stimulant bath salts as defined herein or any synthetic
stimulants as defined herein.
89
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(g) Affirmative defense. It shall be an affirmative defense to prosecution of a violation of this
section if the sale, offer for sale, purchase with intent to sell or public display for sale of
synthetic stimulant bath salts as defined herein or synthetic stimulants as defined herein is
pursuant to the direction or prescription of a licensed physician or dentist authorized in the State
of Florida to direct or prescribe such act.
(h) Seizure and destruction of synthetic stimulant bath salts and synthetic stimulants. Synthetic
stimulant bath salts and synthetic stimulants prohibited herein may be seized by law enforcement
officers and may be destroyed in the same manner used to destroy narcotics and contraband
substances, after its use for evidentiary purposes in any judicial proceeding is no longer required.
(i) Injunctive relief. Miami-Dade County shall have the authority to seek an injunction against
any person or business violating the provisions of this section. In any action seeking an
injunction, Miami-Dade County shall be entitled to collect its enforcement expenses, including
forensic costs, law enforcement costs and reasonable attorney fees and costs incurred at the trial
level and on appeal.
(j) Subsequent federal or state action. If Congress or a federal agency amends federal law to
include a particular substance or otherwise enacts or amends a federal law providing for criminal
penalties for the prohibitions of substances set forth in this ordinance, then upon the effective
date of such enactment or amendment, the provisions of this ordinance addressed by federal law
shall no longer be deemed effective. Any violations of this ordinance committed prior to
Congress or a federal agency enacting a federal law may be prosecuted.
If the Florida Legislature amends the controlled substance schedules in Section 893.01, Florida
Statutes, to include a particular substance or otherwise enacts, or amends a state statute providing
for criminal penalties for the prohibitions of substances set forth in this ordinance, then upon the
effective date of such enactment or amendment, the provisions of this ordinance addressed by the
state statute shall no longer be deemed effective.
If the Florida Attorney General pursuant to the rulemaking authority provided in Chapter 893[,
Florida Statutes,] adds a particular substance to the controlled substance schedules in Section
893.01, Florida Statutes, then upon the effective date of such enactment or amendment, the
provisions of this ordinance addressed by the state statute shall no longer be deemed effective.
Any violations of this ordinance committed prior to the Florida Legislature enacting such a
statute or the Florida Attorney General promulgating rules may be prosecuted.
(k) Penalty. Any store owner, store manager, store purchasing agent or other person violating
any provision of this section shall be punishable by:
(1) A fine not to exceed five hundred dollars ($500.00);
90
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(2) Imprisonment in the county jail for a period not to exceed sixty (60) days;
(3) Both such fine and imprisonment in the discretion of the court having jurisdiction over the
cause;
(4) Fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or
(5) Completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order
of the Board of County Commissioners.
(Ord. No. 12-45, § 1, 7-3-12)
91
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Miami Gardens, FL
Subpart A – General Ordinances.
Chapter 14 – Miscellaneous Offenses.
Article V. Intoxication and Substance Abuse.
Division 4. Synthetic Drugs.
Sec. 14-346. Sale or display of synthetic cannabinoids.
Sec. 14-347. Sale or display of synthetic stimulants, bath salts, synthetic cathinones, synthetic
amphetamines and other synthetic stimulants that mimic illegal drugs.
Secs. 14-348—14-363. Reserved.
Sec. 14-346. Sale or display of synthetic cannabinoids.
(a) Definitions. For purposes of this section, the following definitions shall apply:
Structurally similar as used in this section shall mean chemical substitutions off a common
chemical backbone associated with synthetic cannabinoids or synthetic cannabinoid-mimicking
compounds listed in the controlled substance schedules in F.S. ch. 893, as amended, or otherwise
prohibited by federal and state law.
Synthetic cannabinoids herbal incense means any aromatic or non-aromatic plant material
containing a synthetic drug, or to which a synthetic drug has been sprayed, applied or otherwise
added, that is distributed in a loose, leafy, powder or granular form, and can be crushed to result
in a powder or granular form, and can be placed into a pipe, cigarette paper or drug paraphernalia
for purposes of ingestion by smoking, inhaling or other method.
Synthetic drug means any chemical or mixture of chemicals, however packaged, that is
structurally similar to synthetic cannabinoids or synthetic cannabinoid-mimicking compounds
listed in the controlled substance schedules in F.S. ch. 893, or otherwise prohibited by federal or
state law.
(b) Sale or display of synthetic cannabinoids prohibited. It is unlawful for any person or business
to sell, offer for sale or display synthetic cannabinoids or synthetic drugs, which are structurally
similar to cannabinoids within the city.
(c) Penalties. Any person found in violation of this section shall be punished as provided in
section 1-13 of this Code.
(Ord. No. 2012-09-282, § 2, 7-25-2012)
Sec. 14-347. Sale or display of synthetic stimulants, bath salts, synthetic cathinones, synthetic
amphetamines and other synthetic stimulants that mimic illegal drugs.
(a) Definitions. For purposes of this section, the following definitions shall apply:
92
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Structurally similar, as used in this section, shall mean chemical substitutions off a common
chemical backbone associated with the compounds listed in the controlled substance schedules in
F.S. ch. 893, as amended or otherwise prohibited by federal or state law.
Synthetic stimulant bath salts as used in this section shall mean any substance, whether in
powder, crystal, liquid, tablet or capsule form, containing a synthetic stimulant as defined herein
or to which a synthetic stimulant has been added or applied, that can be ingested by smoking,
inhaling or other method, regardless of whether the substance is marketed as not for the purpose
of human consumption, and regardless of how the substance is labeled, including, but not limited
to, bath salts, insect repellants, plant food, herbs, incense, iPod cleaner, nutrient, dietary
supplement or spice.
Synthetic stimulant as used in this section shall mean any chemical or mixture of chemicals,
however packaged, that has a stimulant effect on the central nervous system and is structurally
similar to the compounds listed in the controlled substance schedules in F.S. ch. 893, or
otherwise prohibited by federal or state law. "Synthetic stimulant" shall also include any
chemical or mixture of chemicals, however packaged, that mimics the pharmacological effects of
cathinone, methcathinone, amphetamine, methamphetamine, cocaine, MDMA, or related salts,
isomers, and salts of isomers. Packaging that indicates, suggests or implies that a product mimics
the pharmacological effects of cathinone, methcathinone, amphetamine(s), methamphetamine,
cocaine, or ecstasy, shall create a presumption that the product mimics the effects of the
substance.
(b) Sale or display of synthetic stimulant bath salts prohibited. It is unlawful for any person or
business to sell, offer for sale or display synthetic stimulant bath salts or structurally similar
stimulants.
(c) Penalties. Any person found in violation of this section shall be punished as provided in
section 1-13 of this Code.
(Ord. No. 2012-09-282, § 2, 7-25-2012)
Secs. 14-348—14-363. Reserved.
93
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Miramar, FL
Subpart A – Administrative Regulations.
Chapter 13. Miscellaneous Offenses.
Sec. 13-13. Prohibiting the distribution, sale, offer for distribution or sale, purchase with intent to
distribute or sell or public display for distribution or sale of synthetic cannabinoid herbal incense.
(a) Purpose and intent. The city commission finds and declares that the products and synthetic
substances described hereunder are commonly used as alternatives to marijuana. The city
commission further finds that these synthetic substances are particularly appealing to youth, and
that these synthetic substances are potentially dangerous to users in the short term and that the
long term effects are not yet known. The city commission finds that the products which contain
these synthetic substances often use a disclaimer that the product is "not for human
consumption" to avoid regulations requiring the manufacturer to list the product's active
ingredients. The city commission finds that drug designers and chemists can quickly create new
synthetic drugs once federal or state law makes a particular synthetic drug illegal. As such, the
city commission finds that there is a need to declare illegal the distribution, sale, offer for
distribution or sale, purchase with intent to distribute or sell or public display for distribution or
sale of synthetic substances that mimic illegal controlled substances that have not yet themselves
been categorized as illegal controlled substances under federal or state law. The city commission
further finds that it is proper and necessary for the city commission to exercise its authority to
safeguard and protect the public health, safety and welfare by taking this action.
(b) Application. This section shall be applicable within the city to the fullest extent allowed by
law.
(c) Conflict. Any applicable Broward County ordinance governing this subject area that is more
stringent than this section or that declares illegal a substance that is not declared illegal by this
section shall remain enforceable within the city.
(d) Definitions. For purposes of this section, the following terms apply:
(1) "Structurally similar" as used in this section shall mean chemical substitutions off a common
chemical backbone associated with synthetic cannabinoids or synthetic cannabinoid-mimicking
compounds listed in the controlled substance schedules in F.S. ch. 893, as amended, or otherwise
prohibited by federal or state law.
(2) "Synthetic cannabinoid herbal incense" as used in this section shall mean aromatic or
nonaromatic plant material containing a synthetic drug, or to which a synthetic drug has been
sprayed, applied or otherwise added, that is distributed in a loose, leafy, powder or granular form
or in a compressed block or blocks that can be crushed to result in a powder or granular form,
and can be placed into a pipe, cigarette paper or drug paraphernalia for purposes of ingestion by
smoking, inhaling or other method.
94
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(3) "Synthetic drug" as used in this section shall mean any chemical or mixture of chemicals,
however packaged, that is structurally similar to synthetic cannabinoids or synthetic
cannabinoid-mimicking compounds listed in the controlled substance schedules in F.S. ch. 893,
or otherwise prohibited by federal or state law. "Synthetic drug" also shall include any chemical
or mixture of chemicals, however packaged, that mimics the effects of tetrahydrocannabinol
(also known as "THC"), the main active ingredient found in marijuana. Packaging that indicates
or implies that a product mimics the effects of marijuana, such as "fake weed" or "fake pot",
shall create a presumption that the product mimics the effects of tetrahydrocannabinol.
"Synthetic drug" shall not include any substance currently listed in the controlled substance
schedules in F.S. ch. 893, or otherwise prohibited by federal or state law.
(e) Distribution, sale, offer for distribution or sale and purchase with intent to distribute or sell
synthetic cannabinoid herbal incense prohibited. It shall be unlawful for any store owner, store
manager, store purchasing agent or other person to distribute, sell, offer for distribution or sale or
purchase with intent to distribute or sell any synthetic cannabinoid herbal incense as defined
herein.
(f) Public display for distribution or sale of synthetic cannabinoid herbal incense prohibited. It
shall be unlawful for any store owner, store manager, store purchasing agent or other person to
publicly display for distribution or sale any synthetic cannabinoid herbal incense as defined
herein.
(g) Affirmative defense. It shall be an affirmative defense to prosecution of a violation of this
section if the distribution, sale, offer for distribution or sale, public display for distribution or
sale, or purchase with intent to distribute or sell of synthetic cannabinoid herbal incense is
pursuant to the direction or prescription of a licensed physician or dentist authorized in the State
of Florida to direct or prescribe such act.
(h) Seizure and destruction of synthetic cannabinoid herbal incense. Synthetic cannabinoid
herbal incense prohibited herein may be seized by law enforcement officers and may be
destroyed in the same manner used to destroy narcotics and contraband substances, after its use
for evidentiary purposes in any judicial proceeding is no longer required.
(i) Injunctive relief. The city shall have the authority to seek an injunction against any person or
business violating the provisions of this section. In any action seeking an injunction, the city
shall be entitled to collect its enforcement expenses, including forensic costs, law enforcement
costs and reasonable attorney fees and costs incurred at trial and on appeal.
(j) Subsequent federal or state action. If Congress or a federal agency amends federal law to
include a particular substance or otherwise enacts or amends a federal law providing for criminal
penalties for the prohibitions of substances set forth in this section, then upon the effective date
of such enactment or amendment, the provisions of this section addressed by federal law shall no
95
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
longer be deemed effective. Any violations of this section committed prior to the Congress or a
federal agency enacting a federal law, as described above, may be prosecuted.
If the Florida Legislature amends the controlled substance schedules in F.S. § 893.01, to include
a particular substance or otherwise enacts or amends a state statute providing for criminal
penalties for the prohibitions of substances set forth in this section, then upon the effective date
of such enactment or amendment, the provisions of this section addressed by the state statute
shall no longer be deemed effective.
If the Florida Attorney General pursuant to the rulemaking authority provided in F.S. ch. 893,
adds a particular substance to the controlled substance schedules in F.S. § 893.01, then upon the
effective date of such enactment or amendment, the provisions of this section addressed by the
rulemaking action shall no longer be deemed effective.
Any violations of this section committed prior to the Florida Legislature enacting such a statute
or the Florida Attorney General promulgating rules may be prosecuted.
(k) Penalty. Any store owner, store manager, store purchasing agent or other person violating
any provision of this section shall be punishable by a fine not to exceed five hundred dollars
($500.00), or by imprisonment not to exceed sixty (60) days, or by both such fine and
imprisonment for each violation. This section shall also be subject to enforcement via the Local
Government Code Enforcement Act of F.S. ch. 162, pursuant to Article XI "Community
Standards and Code Enforcement" of Chapter 2 "Administration" of the Code of Ordinances.
(Ord. No. 13-04, § 2, 11-7-12)
Sec. 13-14. Prohibiting the distribution, sale, offer for distribution or sale, purchase with intent to
distribute or sell or public display for distribution or sale of synthetic stimulant bath salts,
synthetic cathinones, synthetic amphetamines and other synthetic stimulants that mimic illegal
drugs.
(a) Purpose and intent. The city commission finds and declares that the products and synthetic
substances described hereunder are commonly used as alternatives to amphetamines, cocaine,
ecstasy and other illegal drugs. The city commission further finds that these synthetic substances
are particularly appealing to youth, and that these synthetic substances are potentially dangerous
to users in the short term and the long term effects are not yet known. The city commission finds
that the products which contain these synthetic substances often use a disclaimer that the product
is "not for human consumption" to avoid regulations that require the manufacturer to list the
product's active ingredients. The city commission finds that drug designers and chemists can
quickly create new synthetic drugs once federal or state law makes a particular synthetic drug
illegal. As such, the city commission finds that there is a need to declare illegal the distribution,
sale, offer for distribution or sale, purchase with intent to distribute or sell or public display for
distribution or sale of synthetic substances that mimic illegal controlled substances, even though
such synthetic substances have not yet themselves been categorized as illegal controlled
96
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
substances under federal or state law. The city commission further finds that it is proper and
necessary for the city commission to exercise its authority to safeguard and protect the public
health, safety and welfare by taking this action.
(b) Application. This section shall be applicable within the city to the fullest extent allowed by
law.
(c) Conflict. Any applicable Broward County ordinance governing this subject area that is more
stringent than this section or that declares illegal a substance that is not declared illegal by this
section shall remain enforceable within the city.
(d) Definitions. For purposes of this section, the following terms apply:
(1) "Structurally similar" as used in this section shall mean chemical substitutions off a common
chemical backbone associated with cathinone, methcathinone, amphetamine, methamphetamine,
cocaine, 3,4-methylenedioxymethamphetamine ("MDMA"), 3,4-methylenedioxymethcathinone,
3,4-methylenedioxypyrovalerone (MDPV), methylmethcathinone, methoxymethcathinone,
methylethcathinone, fluoromethcathinone, BZP (benzylpiperazine), fluorophenylpiperazine,
methylphenylpiperazine, chlorophenylpiperazine, methoxyphenylpiperazine, DBZP (1,4dibenzylpiperazine), TFMPP (3-Trifluoromethylphenylpiperazine), MBDB
(Methylbenzodioxolylbutanamine), 5-Hydroxy-alpha-methyltryptamine, 5-Hydroxy-Nmethyltryptamine, 5-Methoxy-N-methyl-N-isopropyltryptamine, 5-Methoxy-alphamethyltryptamine, methyltryptamine, 5-Methoxy-N,N-dimethyltryptamine, 5-Methyl-N,Ndimethyltryptamine, Tyramine (4-Hydroxyphenethylamine), 5-Methoxy-N,NDiisopropyltryptamine, DiPT (N,N-Diisopropyltryptamine), DPT (N,N-Dipropyltryptamine), 4Hydroxy-N,N-diisopropyltryptamine, N,N-Diallyl-5-Methoxytryptamine, DOI (4-Iodo-2,5dimethoxyamphetamine), DOC (4-Chloro-2,5-dimethoxyamphetamine), 2C-E (4-Ethyl-2,5dimethoxyphenethylamine), 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine), 2C-C (4Chloro-2,5-dimethoxyphenethylamine), 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine),
2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine), 2C-T-7 (2,5-Dimethoxy-4-(n)propylthiophenethylamine), 2C-I (4-Iodo-2,5-dimethoxyphenethylamine), Butylone (beta-ketoN-methylbenzodioxolylpropylamine), Ethcathinone, Ethylone (3,4-methylenedioxy-Nethylcathinone), Naphyrone (naphthylpyrovalerone), N-N-Dimethyl-3,4methylenedioxycathinone, N-N-Diethyl-3,4-methylenedioxycathinone, 3,4-methylenedioxypropiophenone, 2-Bromo-3,4-Methylenedioxypropiophenone, 3,4-methylenedioxypropiophenone-2-oxime, N-Acetyl-3,4-methylenedioxycathinone, N-Acetyl-N-Methyl-3,4Methylenedioxycathinone, N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone,
Bromomethcathinone, Buphedrone (alpha-methylamino-butyrophenone), Eutylone (beta-KetoEthylbenzodioxolylbutanamine), Dimethylcathinone, Dimethylmethcathinone, Pentylone (betaKeto-Methylbenzodioxolylpentanamine), (MDPPP) 3,4-Methylenedioxy-alpha
pyrrolidinopropiophenone, (MDPBP) 3,4-Methylenedioxy-alpha pyrrolidinobutiophenone,
Methoxy-alpha-pyrrolidinopropiophenone (MOPPP), Methyl-alpha-pyrrolidinohexiophenone
(MPHP), Benocyclidine (BCP), benzothiophenylcyclohexylpiperidine (BTCP),
97
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Fluoromethylaminobutyrophenone (F-MABP), Methoxypyrrolidinobutyrophenone (MeO-PBP),
Ethyl-pyrrolidinobutyrophenone (Et-PBP), 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeOMCAT), Methylethylaminobutyrophenone (Me-EABP), Methylamino-butyrophenone (MABP),
Pyrrolidinopropiophenone (PPP), Pyrrolidinobutiophenone (PBP), Pyrrolidinovalerophenone
(PVP), Methyl-alpha-pyrrolidinopropiophenone (MPPP) or related salts, isomers, and salts of
isomers, listed in the controlled substance schedules in F.S. ch. 893, as amended, or otherwise
prohibited by federal or state law, as such may be amended from time to time.
(2) "Synthetic stimulant bath salts" as used in this section shall mean any substance, whether in
powder, crystal, liquid, tablet or capsule form, containing a synthetic stimulant as defined herein
or to which a synthetic stimulant has been added or applied, that can be ingested by smoking,
inhaling or other method, regardless of whether the substance is marketed as not for the purpose
of human consumption, and regardless of how the substance is labeled, including but not limited
to bath salts, insect repellant, plant food, herbs, incense, iPod cleaner, nutrient, dietary
supplement or spice.
(3) "Synthetic stimulant" as used in this section shall mean any chemical or mixture of
chemicals, however packaged, that has a stimulant effect on the central nervous system and is
structurally similar to cathinone, methcathinone, amphetamine, methamphetamine, cocaine,
MDMA or any other substance listed in paragraph (1) above, or related salts, isomers, and salts
of isomers, as listed in the controlled substance schedules in F.S. ch. 893, as amended, or
otherwise prohibited by federal or state law. "Synthetic stimulant" shall also include any
chemical or mixture of chemicals, however packaged, that mimics the pharmacological effects of
cathinone, methcathinone, amphetamine, methamphetamine, cocaine, MDMA or any other
substance listed in paragraph (1) above, or related salts, isomers, and salts of isomers. Packaging
that indicates, suggests or implies that a product mimics the pharmacological effects of
cathinone, methcathinone, amphetamine, methamphetamine, cocaine, ecstasy or any other
substance listed in paragraph (1) above shall create a presumption that the product mimics the
effects of the substance. "Synthetic stimulant" shall not include any substance currently listed in
the controlled substance schedules in F.S. ch. 893, or otherwise prohibited by federal or state
law, as such may be amended from time to time.
(e) Distribution, sale, offer for distribution or sale and purchase with intent to distribute or sell
synthetic stimulant bath salts and synthetic stimulants prohibited. It shall be unlawful for any
store owner, store manager, store purchasing agent or other person to distribute, sell, offer for
distribution or sale or purchase with intent to distribute or sell any synthetic stimulant bath salts
as defined herein or any synthetic stimulants as defined herein.
(f) Public display for distribution or sale of synthetic stimulant bath salts and synthetic stimulants
prohibited. It shall be unlawful for any store owner, store manager, store purchasing agent or
other person to publicly display for distribution or sale any synthetic stimulant bath salts as
defined herein or any synthetic stimulants as defined herein.
98
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(g) Affirmative defense. It shall be an affirmative defense to prosecution of a violation of this
section if the distribution, sale, offer for distribution or sale, purchase with intent to distribute or
sell or public display for distribution or sale of synthetic stimulant bath salts as defined herein or
synthetic stimulants as defined herein is pursuant to the direction or prescription of a licensed
physician or dentist authorized in the State of Florida to direct or prescribe such act.
(h) Seizure and destruction of synthetic stimulant bath salts and synthetic stimulants. Synthetic
stimulant bath salts and synthetic stimulants prohibited herein may be seized by law enforcement
officers and may be destroyed in the same manner used to destroy narcotics and contraband
substances, after its use for evidentiary purposes in any judicial proceeding is no longer required.
(i) Injunctive relief. The city shall have the authority to seek an injunction against any person or
business violating the provisions of this section. In any action seeking an injunction, the city
shall be entitled to collect its enforcement expenses, including forensic costs, law enforcement
costs and reasonable attorney fees and costs incurred at the trial level and on appeal.
(j) Subsequent federal or state action. If Congress or a federal agency amends federal law to
include a particular substance or otherwise enacts or amends a federal law providing for criminal
penalties for the prohibitions of substances set forth in this section, then upon the effective date
of such enactment or amendment, the provisions of this section addressed by federal law shall no
longer be deemed effective. Any violations of this section committed prior to Congress or a
federal agency enacting a federal law may be prosecuted.
If the Florida Legislature amends the controlled substance schedules in F.S. § 893.01, to include
a particular substance or otherwise enacts, or amends a state statute providing for criminal
penalties for the prohibitions of substances set forth in this section, then upon the effective date
of such enactment or amendment, the provisions of this section addressed by the state statute
shall no longer be deemed effective.
If the Florida Attorney General pursuant to the rulemaking authority provided in F.S. ch. 893,
adds a particular substance to the controlled substance schedules in F.S. § 893.01, then upon the
effective date of such enactment or amendment, the provisions of this section addressed by the
rulemaking shall no longer be deemed effective.
Any violations of this section committed prior to the Florida Legislature enacting such a statute
or the Florida Attorney General promulgating rules may be prosecuted.
(k) Penalty. Any store owner, store manager, store purchasing agent or other person violating
any provision of this section shall be punishable by a fine not to exceed five hundred dollars
($500.00), or by imprisonment not to exceed sixty (60) days, or by both such fine and
imprisonment for each violation. This section shall also be subject to enforcement via the Local
Government Code Enforcement Act of F.S. ch. 162, pursuant to Article XI "Community
99
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Standards and Code Enforcement" of Chapter 2 "Administration" of the Code of Ordinances.
(Ord. No. 13-04, § 3, 11-7-12)
100
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
New Smyrna Beach, FL
Part II – Code of Ordinances.
Chapter 54. Offenses.
Sec. 54-2. Sale or display of bath salts and herbal incense prohibited.
(a) Definitions. For purposes of this article, the following definitions shall apply:
Bath salts means any substance containing a synthetic derivative of cathinone or any substance,
whether in crystal, powder, liquid, tablet or capsule form, which the person distributing,
displaying or offering for sale knows or reasonably should know contains any synthetic
stimulant, notwithstanding any disclaimer such as "not for human consumption" and regardless
of how the substance is displayed, marketed or labeled, including bath salts, potpourri, or other
household products. This definition does not include any pharmaceutical drugs containing
synthetic cathinones or other synthetic stimulants approved by the FDA and available with a
valid prescription, or traditional bath salts that do not contain synthetic chemical stimulants such
as sodium chloride, sea salts, magnesium sulfate (Epsom salts), sodium bicarbonate, and borax.
Product packaging that indicates, suggests or implies that a substance mimics the
pharmacological effects of cathinone, methcathinone, amphetamines, cocaine or MDMA creates
a presumption that the person displaying or offering the substance for sale knows or should know
that the substance contains a synthetic stimulant as defined herein.
Herbal incense means aromatic plant material, containing or to which any synthetic chemical
compound has been added that mimic the effects of a controlled substance, that is displayed,
sold, or distributed in a loose, leafy, powder or granular form, or in compressed blocks that can
be easily crushed to result in a powder or granular form, and can be placed into pipes, cigarette
papers or other drug paraphernalia for ingestion by smoking, inhaling or other methods.
(b) Sale, display, or distribution prohibited. It is unlawful for any person or entity to sell, offer
for sale, display or distribute, herbal incense or bath salts within the city.
(c) Penalties. The provisions of this article may be enforced and violations punished by any of
the following methods, alone or in combination, in the sole discretion of the city:
(1) The code enforcement board, and all special magistrates appointed by the city, shall have
jurisdiction to enforce these provisions, and any person, firm, corporation, or agent determined to
be in violation shall be subject to all penalties and remedies available to the board or special
magistrates as provided by law.
(2) Any violation of this provision may be treated as a civil infraction in accordance with the
supplemental municipal code enforcement procedures set forth in F.S. ch. 162.21, as may be
amended from time to time. Any code enforcement officer designated by the city manager is
hereby empowered to issue a citation to a person when, based upon personal investigation, the
101
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
officer has reasonable cause to believe that the person has committed a civil infraction in
violation of this provision. For a person who does not contest the citation, initial violations of
this provision shall carry a civil penalty of $250.00, payable to the clerk of court. If contested,
the court may impose a penalty of up to $500.00 for each violation.
(3) The city may institute any appropriate action or procedure to bring about compliance or
remedy a violation.
(Ord. No. 07-13, § 1, 1-22-2013)
102
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
North Lauderdale, FL
Part II – Code of Ordinances.
Chapter 38 – Offenses and Miscellaneous Provisions.
Article III. Offenses Involving Public Safety.
Sec. 38-53. Sale or display of loose leaf granular incense.
(a) Definitions. For purposes of this section, the following definitions shall apply unless the
context clearly indicates or requires a different meaning:
Bath salts shall mean any product or material sold in powder, block, or granular form containing
any chemical compound, synthetic or natural, which imitates the effect of any controlled
substance which may be used or converted into a form intended for introduction into the human
body.
Loose leaf granular incense shall mean any aromatic plant material containing any chemical
compound, synthetic or natural, which imitates the effects of any controlled substance in
granular, loose leaf or powder form which may be used or converted into a form intended for
introduction into the human body.
(b) Sale or display prohibited. It is unlawful for any person to sell or display loose leaf granular
incense, as defined by this section, within the city.
(c) Enforcement. This section may be enforced by any law or code enforcement officer of the
city. Any loose leaf granular incense, as defined by the section, may be seized and held by the
city as evidence to be used in any further proceeding.
(d) Penalties for violation. Any person found violating this section shall be subject to a fine of up
to $250.00 per day for the first occurrence, and $500.00 per day for each additional occurrence,
in accordance with section 2-268 of the City Code of Ordinances.
(Ord. No. 12-07-1275, § 2, 7-17-12)
103
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Ocala, FL
Part II – Code of Ordinances.
Chapter 42 – Miscellaneous Offenses.
Article II. Drugs and Prostitution.
Division 4. Synthetic Drugs.
Sec. 42-90. Purpose, findings and legislative intent.
Sec. 42-91. Definitions.
Sec. 42-92. Prohibitions and presumptions.
Sec. 42-93. Enforcement and penalties.
Secs. 42-94—42-100. Reserved.
Sec. 42-90. Purpose, findings and legislative intent.
It is the purpose and intent of this division to preserve and protect the public health, safety and
welfare of all city citizens and visitors. The distribution and use of synthetic drugs currently
marketed under names like "bath salt," "spice" or "potpourri" has a substantial and detrimental
impact on the public health, safety and welfare of the city and it is therefore necessary to identify
and control such synthetic products that mimic currently illegal drugs. These new products are
psychoactive chemical compounds frequently labeled and marketed under the aforesaid names or
some other seemingly innocuous product name and usually include a disclaimer on the package
such as "not for human consummation". These substances have in fact been manufactured for
human consumption with synthetic chemical compounds that are intended to mimic the effects of
amphetamines, cocaine, marijuana and other controlled substances under federal and state laws.
As distinguished from these standard everyday products, these synthetic drugs purport to be,
these synthetic drugs are composed of products containing synthetic stimulants marketed as safe
and legal alternatives to illegal drugs, but are often more potent and dangerous than illegal drugs
and are known to produce panic attacks, dangerous hallucinations, delusions, paranoia,
psychosis, suicidal thoughts, high blood pressure, anxiety, increased heart rate, kidney failure,
heart failure, increased hostility, intense addiction, and numerous reported deaths. According to
the American Association of Poison Control Centers received more than 6,100 calls about bath
salt drugs in 2011, up from 300 for the year before, and more than 1,700 calls in the first half of
2012. Products containing these synthetic stimulants are particularly attractive to children and
young adults due to their availability in small, attractive packages at convenience stores as well
as with appealing product names. The United States Drug Enforcement Agency (DEA) has
previously exercised emergency scheduling authority to ban some synthetic chemical compounds
used in psychoactive bath salt products and in 2012, the DEA extended its ban. New contraband
synthetic drugs are being created which are not controlled by federal or state law but which have
a potential for abuse similar to or greater than that for controlled substances. The new
substances, sometimes classified as "controlled substance analogs" under federal and state law,
can be designed to provide a desired pharmacological effect and to evade controlling statutory
provisions more rapidly than they can be identified and controlled by action of federal agencies,
congress, state legislature, or the state attorney general. The threat posed by these synthetic drugs
104
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
is immediate and therefore necessary to identify, control, and prohibit the synthetic drugs that
mimic illegal drugs.
(Ord. No. 2012-59, § 1, 10-2-12)
Sec. 42-91. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Synthetic drug shall mean any substance, whether in crystal, powder, liquid, tablet, or capsule
form, which the person displaying or offering for sale knows or reasonably should know contains
any synthetic stimulant, notwithstanding any disclaimer such as "not for human consumption"
and regardless of how the substance is displayed, marketed, or labeled, including but not limited
to, bath salts, potpourri, spice or other household products. This definition does not include any
pharmaceutical drugs containing synthetic stimulants approved by the FDA and available with a
valid prescription, or traditional bath salts that do not contain synthetic chemical stimulants such
as sodium chloride, sea salts, magnesium sulfate (Epsom salts), sodium bicarbonate, and borax.
Product packaging that indicate, suggest or imply that a substance mimics the pharmacological
effects of cathinone, methcathinone, amphetamines, cocaine, marijuana or MDMA
(methylamphetamine) creates a presumption that the person displaying or offering the substance
for sale knows or should know that the defined substance contains a synthetic stimulant as
defined herein.
Synthetic stimulant means any chemical or chemical compound that has a stimulant effect on the
central nervous system and is structurally similar to, or mimics the pharmacological effects of
cathinone, methcathinone, amphetamines, cocaine, marijuana or MDMA (methylamphetamine).
Product packaging that indicates, suggests, or implies that a substance mimics the
pharmacological effects of cathinone, methcathinone, amphetamines, cocaine, marijuana or
MDMA (methylamphetamine) creates a presumption that the substance contains a synthetic
stimulant as defined herein.
(Ord. No. 2012-59, § 1, 10-2-12)
Sec. 42-92. Prohibitions and presumptions.
(a) It is unlawful for any person or business entity to possess, use, sell, offer for sale, or display a
synthetic drug within the city.
(b) In any prosecution involving the possession, sale, or offer for sale of a contraband synthetic
drug it shall be presumed that the alleged offender knew of the illegality of same if the alleged
offender indicates, suggests or implies orally or in writing that a substance mimics the
pharmacological effects of cathinone, methcathinone, amphetamines, cocaine, marijuana or
MDMA (methylamphetamine) and creates a presumption that the alleged offender offering the
105
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
substance for sale knows or should know that the defined substance contains a synthetic drug or
synthetic stimulant as defined herein.
(Ord. No. 2012-59, § 1, 10-2-12)
Sec. 42-93. Enforcement and penalties.
(a) Any person found in violation of this section shall be subject to the penalties provided in
section 1-9 of this Code.
(b) This section may be enforced by any city code enforcement officer or law enforcement
officer.
(Ord. No. 2012-59, § 1, 10-2-12)
Secs. 42-94—42-100. Reserved.
106
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Opa-locka, FL
Part II – Code of Ordinances.
Chapter 15. Offenses – Miscellaneous.
Article XI. Synthetic Substances.
Sec. 15-141. - Definition.
Sec. 15-142. - Sale of substances.
Sec. 15-143. - Enforcement.
Sec. 15-141. - Definition.
Granular incense shall mean incense that is packaged in a loose, leafy or granular manner or that
is packaged in small blocks which can be easily crushed or placed into drug paraphernalia for
purposes of ingestion through smoking or other methods.
(Ord. No. 12-14, § 2, 7-25-12)
Sec. 15-142. - Sale of substances.
The sale, offer for sale, purchase with intent to sell, and public display for sale of granular
incense within the City of Opa-locka is hereby prohibited.
(Ord. No. 12-14, § 2, 7-25-12)
Sec. 15-143. - Enforcement.
This article may be enforced pursuant to the City Code of Ordinances and chapter F.S. Ch. 162
by any code enforcement officer or police officer of the city. All granular incense offered for sale
in violation hereof is subject to seizure and impoundment as a public nuisance, or punishable by
a fine not to exceed five hundred dollars ($500.00).
(Ord. No. 12-14, § 2, 7-25-12)
107
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Parkland, FL
Part II – Code of Ordinances.
Chapter 11 - Offenses and Miscellaneous Provisions.
Article I. In General.
Sec. 11-8. Sale or display of herbal incense.
(a) Definitions. For the purpose of this section, the following definition shall apply:
Herbal incense shall mean aromatic plant material that is distributed in a loose, leafy, powder or
granular form, or in compressed blocks that can be easily crushed to result in a powder or
granular form, and can be placed into pipes, cigarette papers or other drug paraphernalia for
purposes of ingestion by smoking, inhaling or other methods whether or not such product is
labeled as not for human consumption.
Synthetic stimulant bath salts shall mean any substance, whether in powder, crystal, liquid, tablet
or capsule form, containing a synthetic stimulant that can be ingested by smoking, inhaling or
other method, regardless of whether the substance is marketed as not for the purpose of human
consumption, and regardless of how the substance is labeled, including, but not limited to, bath
salts, insect repellant, plant food, herbs, incense, iPod cleaner, nutrient, dietary supplement or
spice.
Synthetic stimulant shall mean any chemical, or mixture of chemicals, however packaged, that
has a stimulant effect on the central nervous system. Packaging that indicates, suggests or
implies that a product mimics the pharmacological effects of cathinone, methcathinone,
amphetamine(s), methamphetamine, cocaine, ecstasy or any other substance listed in the
controlled substance schedules in F.S. ch. 893 or otherwise prohibited by federal or state law,
shall create a presumption that the product mimics the effects of the substance.
(b) Sale or display prohibited. It is unlawful for any person to sell, offer for sale or display herbal
incense, or synthetic stimulant bath salts within the city limits of the City of Parkland.
(c) Penalties.
(1) Any violation of the provisions of this section shall be punishable by a fine of up to five
hundred dollars ($500.00).
(2) The city may also enforce the provisions of this section through the code enforcement
process set forth within the city Code.
(Ord. No. 2012-13, § 2, 9-12-2012)
108
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Pasco County, FL
Part I – Code of Ordinances.
Chapter 66 – Offenses and Miscellaneous Provisions.
Article II. Offenses Involving Public Safety.
Division 3. Drugs and Drug Paraphernalia.
Sec. 66-61. Definitions.
Sec. 66-62. Possession, provision, sale or distribution of synthetic drugs prohibited.
Sec. 66-63. Sale of certain products for human consumption prohibited.
Sec. 66-64. Restrictions on businesses that sell or display drug paraphernalia; signage required;
unaccompanied minors prohibited.
Sec. 66-65. Sale or provision of paraphernalia to minors prohibited; possession by minors
prohibited.
Sec. 66-66. Enforcement.
Sec. 66-61. Definitions.
For purposes of this division, the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
(a) Spice/synthetic cannabinoids/synthetic marijuana shall mean any aromatic plant material in
granular, loose leaf or powder form, or in liquid or as a food additive, or any herbal-incense-type
stimulant or hallucinogen product, when the label is in any way false or misleading, or which
does not contain a label specifying (1) the identity of the commodity and (2) the name and place
of business of the manufacturer, packer, or distributor. Street names for these products include,
but are not limited to: Bliss, Black Mamba, Bombay Blue, Fake Weed, Genie, Spice, Zohai, K2,
K3, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Stinger,
Ocean Blue, Serenity, Chronic Spice, Spice Gold, Spice Silver, Skunk, Mr. Nice Guy, Mr.
Happy, K3 Legal, Sence, Smoke, Chill X, Earth Impact, Galaxy Gold, Space Truckin, Solar
Flare, Moon Rocks, Aroma, Scope, Sky High, Atomic, G-20, Guerrilla Warfare, Makes Scents,
g-13, Tiger Shark, California Dreams, Dank, Bullet, Mind Trip, Voodoo Child, Jazz, Nightlights,
Matrix, Hypnotiq, AK47, Maui Wowie, Cloud 9, Daylights, Joker, Dead Man Walking, Brain
Storm, Soul Sence, Kush, Kush Mania, Dragons Fire, Lucid, Mad Hatter, Scooby Snax, D-ZL,
OMG, Demon, Barely In, Pineapple Express, Hayze.
(b) Bath salts/synthetic cathinones/synthetic stimulants shall mean any crystalline or powder
product in crystalline, loose-powder, block, tablet, or capsule form, or any stimulant-type
product, when the label is in any way false or misleading, or which does not contain a label
specifying (1) the identity of the commodity, and (2) the name and place of business of the
manufacturer, packer, or distributor. Street names for these products include, but are not limited
to: Bliss, Blue Silk, Cloud Nine, Drone, Energy-1, Ivory Wave, Lunar Wave, Meow Meow,
Ocean Burst, Pure Ivory, Purple Wave, Red Dove, Snow Leopard, Stardust, Vanilla Sky, White
Dove, White Knight, White Lightening, Blizzard, Bonzai Grow, Charge Plus, Charlie, Euphoria,
109
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Hurricane, Lunar Wave, Ocean, Pixie Dust, Posh, Scarface, Lovely Dovey, Aura, MDPV,
MDPK, MTV, Maddie, Hurricane Charlie, Black Rob, Super Coke, PV, Peeve, Meph, Drone,
MCAT.
(c) Drug shall mean an article that is intended to affect the function of the body of humans.
(d) Misbranded drug means a drug that violates F.S. § 499.007, including, but not limited to,
drugs for which:
(1) The label is in any way false or misleading;
(2) The label does not bear the name and place of business of the manufacturer, repackager, or
distributor of the finished form of the drug;
(3) The label does not bear adequate directions for use; or
(4) The label does not bear adequate warnings against use.
(e) Illicit synthetic drugs shall include spice, synthetic cannabinoids, synthetic marijuana, bath
salts, synthetic cathinones, synthetic stimulants, or misbranded drugs.
(f) Drug paraphernalia means, other than devices to ingest or inject prescription drugs, any object
used, intended for use or designed for use in ingesting, inhaling or otherwise introducing
marijuana, cocaine, or other illicit drugs or controlled substances into the human body, including
but not limited to: metal, wooden, acrylic, glass, stone, plastic or ceramic pipes (with or without
screens, permanent screens, hashish heads or punctured metal bowls); water pipes; carburetion
tubes and devices; smoking and carburetion masks; roach clips, miniature cocaine spoons and
cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs;
ice pipes or chillers. In determining whether an object is drug paraphernalia, a court may
consider any of the factors enumerated in F.S. § 893.164 ("Determination of paraphernalia").
(g) Minor means person under 18 years of age.
(h) Premises means any part of the buildings located on a lot or parcel of land utilized in whole
or part for the commercial sale or commercial display of drug paraphernalia.
(Ord. No. 12-23, § 3, 11-7-12)
Sec. 66-62. Possession, provision, sale or distribution of synthetic drugs prohibited.
It is unlawful for any person to possess, provide, sell or distribute, within the incorporated or
unincorporated area of Pasco County, any illicit synthetic drug as defined in this division.
110
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201, Santa Fe, NM 87501.
(a) Factors that may be disregarded and/or considered in determining violation. In determining
whether a product or sale is prohibited by this division, statements on package labeling such as
"not for human consumption" may be disregarded when other relevant factors (viewed alone or
in totality) indicate that the product is intended to be consumed or ingested by humans, or is a
product regulated by this division. Other relevant factors that may be used to determine whether
a product or sale is prohibited by this division include, but are not limited to: verbal or written
representations at the point of sale regarding the purpose, methods, use, or effect of the product;
aspects of the packaging or labeling suggest the user will achieve a "high," euphoria, relaxation,
mood enhancement, or that the product has other effects on the body; the cost of the product is
disproportionately higher than other products marketed for the same use; the product contains a
warning label stating or suggesting that the product is in compliance with state laws regulating
controlled substances; the product's name or packaging uses images or slang referencing an illicit
street drug; illicit or underground methods of sale or delivery are employed by the seller or
provider; the product resembles an illicit street drug such as cocaine, methamphetamine, or
marijuana.
(b) Exemptions. This provisions of this section do not apply to any product that is specifically
excepted by, or regulated within, the Florida Comprehensive Drug Abuse Prevention and Control
Act (F.S. ch. 893) or the Federal Controlled Substances Act (21 USC § 81 et seq.); is a food
product, drug, dietary supplement, cosmetic, or other substance regulated by the Food and Drug
Administration (FDA) and in compliance with that agency's requirements; is regulated by and in
compliance with the labeling requirements of the Federal Trade Commission; is regulated by and
in compliance with the Federal Fair Packaging and Labeling Act; is regulated by and in
compliance with the Federal Food, Drug, and Cosmetic Act; is regulated by and in compliance
with the regulations of the Florida Department of Agriculture and Consumer Services; or is a
tobacco product regulated by and in compliance with the regulations governing the tobacco
industry enforced by the Florida Department of Business and Professional Regulation, Division
of Alcoholic Beverages and Tobacco. For the purposes of this section, products that are not
subject to regulation by the act or agencies listed above are not exempt unless the product is
specifically exempt from regulation; mere "non-regulation" by these acts without a specific
regulatory exemption will not render a product exempt under this section.
(Ord. No. 12-23, § 3, 11-7-12)
Sec. 66-63. Sale of certain products for human consumption prohibited.
It is unlawful for any person to provide or sell a product for human consumption when the
product is labeled "not for human consumption" or contains similar warnings.
(Ord. No. 12-23, § 3, 11-7-12)
Sec. 66-64. Restrictions on businesses that sell or display drug paraphernalia; signage required;
unaccompanied minors prohibited.
111
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(a) No person in control of the premises of any place of business selling or displaying drug
paraphernalia shall allow or permit any person under the age of 18 to enter or remain on the
premises unless the minor person is accompanied by one of his or her parents or by his or her
legal guardian.
(b) Such premises must prominently display a sign (approved by or provided by Pasco County)
posted at the entrance, stating that drug paraphernalia is located within the premises, and
prohibiting persons under 18 from entering the establishment without their parent or guardian.
(c) Exemption: These restrictions do not apply to premises (1) that prohibit the entry of persons
under the age of 18; or (2) premises where sale and display of drug paraphernalia is located in a
separate room from which persons under 18 are excluded without a parent or guardian, and
provided that a sign (approved by or provided by Pasco County) is posted at the entrance to the
room, stating that drug paraphernalia is located within the room, and prohibiting persons under
18 from entering the room without their parent or guardian. The room must contain a door,
which is to remain closed except when in active use to enter or exit the room. The door shall
contain a window of a minimum size of 18 inches by 18 inches, located at a minimum height of
five feet from the floor. This window shall remain unobstructed to allow law enforcement
officers and persons in charge of the premises to view persons inside the room without the
necessity of entry into the room. This provision is not intended to require permission, or special
authority or a search warrant for law enforcement officers to enter the room.
(Ord. No. 12-23, § 3, 11-7-12)
Sec. 66-65. Sale or provision of paraphernalia to minors prohibited; possession by minors
prohibited.
No person shall sell or provide drug paraphernalia to any person under the age of 18. No person
under the age of 18 shall possess drug paraphernalia.
(a) Defenses. A person who violates the provisions of this section shall have a defense to any
civil action for violation of these provisions if, at the time of the violation:
(1) The person under 18 falsely evidenced that he or she was at least 18 years of age;
(2) The appearance of the person was such that an ordinarily prudent person would believe him
or her to be at least 18 years of age;
(3) The violator carefully checked one of the following forms of identification with respect to the
minor: a driver's license or an identification card issued by this state or another state of the
United States, a passport, or a United States Uniformed Services identification card; and
(4) The violator acted in good faith and in reliance upon the representation and the appearance of
the person under 18.
112
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(Ord. No. 12-23, § 3, 11-7-12)
Sec. 66-66. Enforcement.
This division may be enforced by any law or code enforcement officer. Any products found in
violation of this section may be seized and held by the enforcing entity as evidence to be used in
any further proceeding.
(Ord. No. 12-23, § 3, 11-7-12)
113
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
South Daytona, FL
Part II – Code of Ordinances.
Chapter 10 – Offenses and Miscellaneous Provisions.
Article V. Herbal Incense and Bath Salts.
Sec. 10-67. - Sale or display of herbal incense and bath salts.
(a) Definitions.
For purposes of this section the following definitions shall apply:
Bath salts means any substance containing a synthetic derivative of cathinone or any substance,
whether in crystal, powder, liquid, tablet or capsule form, which contains any synthetic
stimulant, notwithstanding any disclaimer such as "not for human consumption" and regardless
of how the substance is displayed, marketed or labeled, including bath salts, potpourri, or other
household products. This definition does not include:
(1) Any pharmaceutical drugs containing synthetic cathinones or other synthetic stimulants
approved by the FDA and available with a valid prescription; or
(2) Traditional bath salts that do not contain synthetic chemical stimulants such as sodium
chloride, sea salts, magnesium sulfate (Epsom salts), sodium bicarbonate, and borax.
Product packaging that indicates, suggests or implies that a substance mimics the
pharmacological effects of cathinone, methcathinone, amphetamines, cocaine or MDMA creates
a presumption that the person displaying or offering the substance for sale knows or should know
that the substance contains a synthetic stimulant as defined herein.
Herbal incense means aromatic plant material, containing synthetic chemical compounds or to
which any synthetic chemical compound has been added that has the same or similar adverse
affects as a controlled substance, that is displayed, sold, or distributed in a loose, leafy, powder
or granular form, or in compressed blocks that can be easily crushed to result in a powder or
granular form, and can be placed into pipes, cigarette papers or other drug paraphernalia for
ingestion by smoking inhaling or other methods.
(b) Sale, display, or distribution prohibited. It is unlawful for any person or entity to knowingly
sell, offer for sale, display or distribute herbal incense or bath salts within the city.
(c) Enforcement. This section shall be enforced as a code violation pursuant to Chapter 2
(Administration), Article VII (Code Enforcement).
(Ord. No. 12-18, § 1, 11-13-12)
114
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
St. Petersburg, FL
Part II – St. Petersburg City Code.
Chapter 20 – Offenses and Miscellaneous Provisions.
Article V. Offenses Against Public Decency.
Division 2. Illicit Synthetic Drugs.
Sec. 20-150. Purpose.
Sec. 20-151. Definitions.
Sec. 20-152. Prohibition of illicit synthetic drugs.
Sec. 20-153. Sale of certain products for human consumption prohibited.
Sec. 20-154. Violation and seizure.
Secs. 20-155—20-207. Reserved.
Sec. 20-150. Purpose.
The purpose of this division is to regulate the availability of products which are enhanced with
synthetic chemicals, which chemicals mimic the effects of controlled substances on users,
because these products are a danger to the public health, safety and welfare.
(Ord. No. 69-H, § 3, 4-4-2013)
Sec. 20-151. Definitions.
For purposes of the following sections, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
Bath salts, synthetic cathinones, synthetic stimulants means any crystalline or powder product in
crystalline, loose-powder, block, tablet, or capsule form, or any stimulant-type product, when the
label is in any way false or misleading, or which does not contain a label specifying (1) the
identity of the commodity, and (2) the name and place of business of the manufacturer, packer,
or distributor. Street names for these products include, but are not limited to: Bliss, Blue Silk,
Cloud Nine, Drone, Energy-1, Ivory Wave, Lunar Wave, Meow Meow, Ocean Burst, Pure Ivory,
Purple Wave, Red Dove, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Knight,
White Lightening, Blizzard, Bonzai Grow, Charge Plus, Charlie, Euphoria, Hurricane, Lunar
Wave, Ocean, Pixie Dust, Posh, Scarface, Lovely Dovey, Aura, MDPV, MDPK, MTV, Maddie,
Hurricane Charlie, Black Rob, Super Coke, PV, Peeve, Meph, Drone, MCAT. This definition
shall include any product to which any synthetic chemical or synthetic chemical compound has
been added which has no legitimate relation to the advertised use of the product whether or not
the label meets the requirements herein.
Drug means an article that is intended to affect the function of the body of humans.
115
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Illicit synthetic drugs means spice, synthetic cannabinoids, synthetic marijuana, bath salts,
synthetic cathinones, synthetic stimulants, and misbranded drugs as defined herein.
Misbranded drug means a drug that violates F.S. § 499.007, including but not limited to drugs for
which:
(1) The label is in any way false or misleading;
(2) The label does not bear the name and place of business of the manufacturer, repackager, or
distributor of the finished form of the drug;
(3) The label does not bear adequate directions for use; or
(4) The label does not bear adequate warnings against use.
Spice, synthetic cannabinoids, synthetic marijuana means any aromatic plant material in
granular, loose leaf or powder form, or in liquid or as a food additive, or any herbal-incense-type
stimulant or hallucinogen product, when the label is in any way false or misleading, or which
does not contain a label specifying (1) the identity of the commodity and (2) the name and place
of business of the manufacturer, packer, or distributor. Street names for these products include,
but are not limited to: Bliss, Black Mamba, Bombay Blue, Fake Weed, Genie, Spice, Zohai, K2,
K3, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Stinger,
Ocean Blue, Serenity, Chronic Spice, Spice Gold, Spice Silver, Skunk, Mr. Nice Guy, Mr.
Happy, K3 Legal, Sence, Smoke, Chill X, Earth Impact, Galaxy Gold, Space Truckin, Solar
Flare, Moon Rocks, Aroma, Scope, Sky High, Atomic, G-20, Guerrilla Warfare, Makes Scents,
g-13, Tiger Shark, California Dreams, Dank, Bullet, Mind Trip, Voodoo Child, Jazz, Nightlights,
Matrix, Hypnotiq, AK47, Maui Wowie, Cloud 9, Daylights, Joker, Dead Man Walking, Brain
Storm, Soul Sence, Kush, Kush Mania, Dragons Fire, Lucid, Mad Hatter, Scooby Snax, D-ZL,
OMG, Demon, Barely In, Pineapple Express, Hayze.
This definition shall include any plant material to which any synthetic chemical or synthetic
chemical compound has been added which has no legitimate relation to the advertised use of the
product whether or not the label meets the requirements herein.
Synthetic chemical or synthetic chemical compound means any chemical or chemical compound
whose molecular make up is similar to those substances listed as controlled substances in F.S. ch.
893 (including any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers of such
substances) and whose intended use when introduced into the human body is to mimic or
simulate the effects of a controlled substance.
(Ord. No. 69-H, § 3, 4-4-2013)
116
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 20-152. Prohibition of illicit synthetic drugs.
(a) It is unlawful for any person to possess, use, provide, sell, produce, manufacture, or
distribute, or to offer, display, market, or advertise for sale, any illicit synthetic drug.
(b) In determining whether a product is prohibited by this division, statements on package
labeling such as "not for human consumption" may be disregarded when other relevant factors
(viewed alone or in totality) indicate that the product is intended to be consumed or ingested by
humans, or is a product regulated by this division. Other relevant factors that may be used to
determine whether a product or sale is prohibited by this division include, but are not limited to:
verbal or written representations at the point of sale regarding the purpose, methods, use, or
effect of the product; aspects of the packaging or labeling suggesting that the user will achieve a
"high," euphoria, relaxation, mood enhancement, or that the product has other effects on the
body; the cost of the product is disproportionately higher than other products marketed for the
same use; the product contains a warning label stating or suggesting that the product is in
compliance with state laws regulating controlled substances; the product's name or packaging
uses images or slang referencing an illicit street drug; illicit or underground methods of sale or
delivery are employed by the seller or provider; the product resembles an illicit street drug such
as cocaine, methamphetamine, or marijuana.
(c) Defense. It shall be a defense to the prosecution of a violation of this division that a product:
is specifically excepted by, or regulated within, the Florida Comprehensive Drug Abuse
Prevention and Control Act (F.S. ch. 893) or the Federal Controlled Substances Act (21 USC §§
81 et seq.); is a food product, drug, dietary supplement, cosmetic, or other substance regulated by
the Food and Drug Administration (FDA) and in compliance with that agency's requirements; is
regulated by and in compliance with the labeling requirements of the Federal Trade Commission;
is regulated by and in compliance with the Federal Fair Packaging and Labeling Act; is regulated
by and in compliance with the Federal Food, Drug, and Cosmetic Act; is regulated by and in
compliance with the regulations of the Florida Department of Agriculture and Consumer
Services; or is a tobacco product regulated by and in compliance with the regulations governing
the tobacco industry enforced by the Florida Department of Business and Professional
Regulation, Division of Alcoholic Beverages and Tobacco. For the purposes of this section, it
shall not be a defense that a product is not subject to regulation by the act or agencies listed
above unless the product is specifically exempt from regulation; mere "non-regulation" by these
acts without a specific regulatory exemption does not render a product exempt under this section.
(Ord. No. 69-H, § 3, 4-4-2013)
Sec. 20-153. Sale of certain products for human consumption prohibited.
It is unlawful for any person to provide or sell a product for human consumption when the
product is labeled "not for human consumption" or contains similar warnings.
(Ord. No. 69-H, § 3, 4-4-2013)
117
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 20-154. Violation and seizure.
(a) Each package shall be a separate violation. The fine for each violation shall be $500.00. All
other provisions of section 1-7 shall apply to each violation.
(b) Any products found in violation of this section may be seized and held as evidence to be used
in any future proceeding and may be disposed of as appropriate after its use for evidentiary
purposes is no longer required.
(Ord. No. 69-H, § 3, 4-4-2013)
Secs. 20-155—20-207. Reserved.
118
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sweetwater, FL
Part II – Code of Ordinances.
Chapter 38. Miscellaneous Offenses.
Sec. 38-6. - Granular incense.
Granular incense shall mean incense that is packaged in a loose, leafy or granular manner or that
is packaged in small blocks which can be easily crushed or placed into drug paraphernalia for
purposes of ingestion through smoking or other methods.
There is established the rebuttable presumption that granular incense is, in fact, intended for
human consumption notwithstanding any markings to the contrary.
The sale and display of granular incense within the city is hereby prohibited.
This section may be enforced pursuant to section 1-15 of the City Code of Ordinances and F.S.
ch. 162 by any code enforcement officer or police officer of the city. All granular incense offered
for sale in violation hereof is subject to seizure and impoundment as a public nuisance.
Any aggrieved person may file a petition for relief with the city clerk who shall set the matter for
consideration by the commission no later than 30 days after receipt of the petition. The city
commission shall consider the matter de novo. The petitioner may present such evidence as the
city commission considers competent and admissible and shall bear the burden of proving his/her
case by clear and convincing evidence.
The city commission's findings of fact shall not be overruled unless clearly erroneous.
(Ord. No. 3663, Art. 1, 5-21-2012; Ord. No. 3690, Art. 1, 7-16-2012)
Sec. 38-7. - Bath salts.
(a) Any item labeled, marketed or sold as a bath salt in quantities less than 16 ounces or in pill,
tablet or capsule form shall be presumed intended for human consumption notwithstanding any
labeling to the contrary and shall be considered contraband bath salt. This presumption may be
rebutted by clear and convincing evidence as provided below.
(b) The sale and display of contraband bath salts within the city is hereby prohibited.
(c) The sale of any bath salt, whether contraband or not, within ten feet of tobacco products or
smoking paraphernalia is prohibited.
(d) This section may be enforced pursuant to section 1-15 of the City Code of Ordinances and
F.S. ch. 162 by any code enforcement officer or police officer of the city. Any product offered
for sale in violation hereof is subject to seizure and impoundment as a public nuisance.
119
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(e) Any aggrieved person may petition the city commission for relief within 15 days of the act
giving rise to the grievance. The petition shall be filed with the city clerk who shall set the matter
for consideration by the commission no later than 30 days after receipt of the petition. The city
commission shall consider the matter de novo. The petitioner may present such evidence as the
city commission considers competent and admissible and shall bear the burden of proving his/her
case by clear and convincing evidence. Formal rules of evidence shall not apply.
(f) The city commission's findings of fact shall not be overruled unless clearly erroneous.
(g) This section shall not apply to ordinary baking soda or Epsom salts.
(Ord. No. 3689, Art. 1, §§ 1—7, 7-16-2012)
120
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Tamarac, FL
Part II – Code.
Chapter 13. Miscellaneous Offenses.
Sec. 13-24. Sale or display of loose leaf granular incense.
(a) Definitions. For purposes of this section, the following definitions shall apply unless the
context clearly indicates or requires a different meaning:
(1) "Loose leaf granular incense" shall mean any aromatic plant material containing any
chemical compound, synthetic or natural, which imitates the effects of any controlled substance
in granular, loose leaf, or powder form which may be used or converted into a form intended for
introduction into the human body.
(2) "Bath salts" shall mean any product or material sold in powder, block, or granular form
containing any chemical compound, synthetic or natural, which imitates the effect of any
controlled substance which may be used or converted into a form intended for introduction into
the human body.
(b) Sale or display prohibited. It is unlawful for any person to sell or display or otherwise transfer
in a retail setting loose leaf granular incense or bath salts, as defined by this section, within the
city.
(c) Enforcement. This section may be enforced by any law or code enforcement officer of the
city. Any loose leaf granular incense or bath salts, as defined by the section, may be seized and
held by the city as evidence to be used in any further proceeding.
(d) Penalties for violation. Any person found violating this section shall be subject to a fine of up
to two hundred fifty dollars ($250.00) per day for the first occurrence, and up to five hundred
dollars ($500.00) per day for each additional occurrence, in accordance with sections 2-73.07
and 2-73.08 of the City Code.
(Ord. No. 2012-23, § 2, 9-25-12)
121
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relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Tampa, FL
Chapter 14. Offenses.
Article II. Miscellaneous Offenses.
Division 3. Drugs.
Sec. 14-74. Synthetic drugs.
(a) Intent. It is the intent of the City of Tampa to protect the health, safety, and welfare of its
citizens by prohibiting the possession, use, sale, and manufacture of synthetic substances as
defined herein which, when consumed, mimic the effects of marijuana, narcotics, or other
controlled substances.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Synthetic chemical or synthetic chemical compound: Refers to a chemical or chemical
compound whose molecular make up is similar to those substances listed as controlled
substances in F.S. Ch. 893, and whose intended primary use when introduced into the human
body is to mimic the effects of a controlled substance.
Synthetic drugs: Means both "synthetic cannabinoids" and "bath salts" as defined in this
ordinance.
Synthetic cannabinoids: Means any herbal or plant material which has been soaked, sprayed, or
otherwise enhanced with a synthetic chemical or synthetic chemical compound that enables the
herbal or plant material, or the smoke emitted from its burning, to mimic or simulate the effects
of a controlled substance when inhaled, ingested, or otherwise introduced into the human body.
Any herbal or plant material described above shall be considered a synthetic cannabinoid
regardless of the labeling posted on the packaging for the material and regardless of whether the
labeling states that its contents are "not for human consumption", "not for smoking", or contains
some other similar statement. The fact that a herbal or plant material, packaged and advertised as
a food additive, plant food, insect repellant, potpourri, incense, etc., has been soaked, sprayed, or
otherwise enhanced with a synthetic chemical or synthetic chemical compound which has no
legitimate relation to the advertised use of the product may be considered in determining whether
the product is considered a synthetic cannabinoid. This term specifically does not include any
herbal or plant material containing synthetic chemicals or chemical compounds which: (1)
require a prescription; (2) are approved by the United States Food and Drug Administration; and
(3) are dispensed in accordance with Florida and federal law.
Bath salts: Means any granular, powdered, stick, or block material which has been treated, or
otherwise enhanced with a synthetic chemical or synthetic chemical compound that enables the
material, or the smoke emitted from its burning, to mimic or simulate the effects of a narcotic or
122
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other controlled substance when inhaled, ingested, or otherwise introduced into the human body.
Any material described above shall be considered a synthetic drug regardless of the labeling
posted on the packaging for the material and regardless of whether the labeling states that its
contents are "not for human consumption", "not for smoking", or contains some other similar
statement. The fact that a material, packaged and advertised as a cleaning agent, food additive,
therapeutic bath crystals, plant food, insect repellant potpourri, incense, etc., has been soaked,
sprayed, or otherwise enhanced with a synthetic chemical or synthetic chemical compound
which has no legitimate relation to the advertised use of the product may be considered in
determining whether the product is considered a synthetic drug. This term specifically does not
include any material containing synthetic chemicals or chemical compounds which: (1) require a
prescription; (2) are approved by the United States Food and Drug Administration; and (3) are
dispensed in accordance with Florida and federal law.
Controlled substance: Means any substance defined or listed in F.S. § 893.03, schedule I, II, III,
or IV, as amended including any isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers of such substances.
(c) Determination that product is a synthetic drug. The following factors, taken in the totality of
the circumstances, may be considered in determining whether a product, substance, or other
material should be classified as a synthetic drug. For the purposes of enforcement pursuant to
subsection (f) below, the establishment of two or more of these factors shall constitute primia
facie evidence and shall create a rebuttable presumption on the part of the person or entity in
which enforcement action is being taken, that the product is a synthetic drug.
(1) Marketing: A product routinely advertised to be a substance for which it is rarely, if ever,
suitable to be used for (i.e. - incense, potpourri, food additive, therapeutic bath crystals, plant
food, insect repellant, iPod cleaner, glass cleaner, etc.).
(2) Sales location: Products displayed and sold in businesses such as liquor stores, smoke shops,
and gas/convenience stores where such advertised products are not typically sold.
(3) Labels and packaging:
a. Products marketed as common non-consumable products which contain warnings not normally
found on such products. The warnings may be similar, but not limited to, "not for human
consumption", "not for purchase by minors", etc., or
b. Products containing notices on the package not normally found on similar products such as,
but not limited to, "does not contain any chemical compounds prohibited by state law", "contains
no prohibited chemicals", "product is in accordance with State and Federal laws", "product is in
compliance with new Florida Law HB 1175", "does not contain AM2201 or any DEA banned
substance, "legal herbal substance", 100% compliant guaranteed", "100% chemical free", "100%
synthetic free", etc.
123
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
c. Products whose package labeling suggests the user will achieve a "high", euphoria, relaxation,
mood enhancement, or that the product has other effects on the body.
(4) Price: The price of the advertised product is much more expensive than other products
marketed in the City of Tampa for the same or similar use.
(5) Misleading directions: The product contains directions for the product's use, which is not
consistent for the type of product advertised. (Example: "Place caplet over door to enhance
mood".)
(6) Similarity to illicit street drugs:
a. Products designed to make the substance appear similar to illicit street drugs (such as a white
powder made to resemble cocaine, or an herbal substance dyed green to resemble marijuana);
and/or
b. Products advertised using brand names and packaging designed to make the product appear
similar to illicit street drugs, or labeled with names similar to commonly used street slang for
illicit drugs, which names or labeling has no relation to the advertised use of the product being
sold. (Common brand names currently being used include, but are not limited to, "AK47","Aroma", "Atomic", "Aura", "Aurora Incense", "Barely In", "Black Mamba", "Black Rob",
"Bliss", "Blizzard", "Blue Silk", "Bonzai Grow", "Boombay Blue", "Brain Storm", "Bullet",
"Buzz", "California Dreams", "Charge Plus", "Charlie", "Chill X", "Chronic Spice", "Cloud 9",
"Dank", "Daylights", "Dead Man Walking", "Demon", "Diable Botanical Incense", "Dragons
Fire", "Drone", "D-ZL", "Earth Impact", "Earthquake", "Eight Balls", "Energy-1", "Euphoria",
"Fake Weed", "Fuzzy Wuzzy", "G-13", "G-20", "Galaxy Gold", "Genie", "Grape Ape Herbal
Incense", "Green Buddha", "Guerrilla Warfare", "Hayze", "Hypnotig", "Hurricane", "Hurricane
Charlie", "Hush", "Ivory Wave", "Jazz", "Joker", "K-2", "K-3", "K-3 Legal", "Kryptonite",
"Kush", "Kush Mania", "Lovely Dovey", "Lucid", "Lunar Wave", "Maddie", "Mad Hatter",
"Makes Scents", "Man of Steel", "Matrix", "Maui Wowie", "MCAT", "MDPV", "MDPK",
"Meow Meow", "Meph", "Mind Trip", "Moon Rocks", "Mr. Happy", "Mr. and Mrs. Marley",
"Mr. Nice Guy", "MTV", "Mystery", "Nightlights", "Ocean", "Ocean Blue", "Ocean Burst",
"OMG", "O-Zone", "Peeve", "Pineapple Express", "Pixie Dust", "Posh", "Pot-Pourri", "Puff",
"Pulse", "Pure Ivory", "Purple Haze", "Purple Wave", "PV", "Red Dove", "Scarface", "Scooby
Snax", "Scope", "Sence", "Serenity", "Skunk", "Sky High", "Smoke", "Snow Leopard", "Solar
Flare", "Soul Sence", "Space Truckin", "Spice", "Spice 99", "Spice Gold", "Spice Silver",
"Stardust", "Stinger", "Sugar Sticks", "Supper Coke", "Three Monkey Incense", "Tiger Shark",
"Vanilla Sky", "Voodoo", "Voodoo Child", "White Dove", "White Knight", "White Lightening",
"Zohai", and a group of products marketed as from "The Spice Guy".)
(7) Ingredients: A product which has been enhanced with a synthetic chemical or synthetic
chemical compound that has no legitimate relation to the advertised use of the product but
124
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
mimics the effects of a controlled substance when the product, or the smoke from the burned
product, is introduced into the human body.
(8) Verbal or written representations: Verbal or written representations made at the place of sale
or display regarding the purpose, methods, use, or effect of the product.
(d) Prohibited acts.
(1) The possession, use, sale, distribution, production, or manufacture of synthetic drugs, as
defined in this section 14-74, is prohibited within the City of Tampa.
(2) The display for sale or marketing of synthetic drugs, as defined in this section, on retail store
shelves is prohibited in the City of Tampa.
(3) The advertisement of synthetic drugs, as defined in this section 14-74, is prohibited in the
City of Tampa.
(4) The display for sale, marketing, advertisement, or other offer to sale of any product described
in subsections (c)(1)—(8) above is prohibited within the City of Tampa.
(e) Laboratory analysis. Any laboratory analysis of suspected synthetic drug products may be
conducted by a state certified private laboratory, competent to provide expert testimony in a
court of law as to the chemical contents of the product and to the effect such contents may have
if introduced into a human body. Upon the administrative determination of a violation, pursuant
to subsection (f) below, costs for such analysis and expert testimony shall be assessable against
the person or entity charged with the violation.
(f) Enforcement and penalties. The City of Tampa's Code Enforcement Officers, Tampa Police
Department, or any other authorized agency may enforce the provisions of this section 14-74.
Any enforcement action or any other legal remedy available under controlling state law
including, but not limited to, prosecution as a municipal code violation with a fine not exceeding
five hundred dollars ($500.00) or by imprisonment for a term not to exceed sixty (60) days or
both, may be imposed as a penalty as provided for in Section 1-6 City of Tampa Code of
Ordinances. Nothing contained herein shall prevent the city from taking such other lawful action
in law and equity as may be necessary to remedy any violation of, or refusal to comply with, any
part of this section 14-74, including but not limited to:
(1) Code enforcement action pursuant to chapter 9, City of Tampa Code of Ordinances;
(2) Pursuit of injunctive and/or declaratory relief in a court of law;
(3) Initiating an action to recover any and all damages that may result from a violation of, or a
refusal to comply with, any part of this article; or
125
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(4) Utilizing any other action or enforcement method allowable by law.
(Ord. No. 2013-52, § 1, 4-18-2013)
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
GEORGIA
Bartow County, GA
AN ORDINACE OF THE COMMISSIONER OF BARTOW COUNTY, GEORGIA, FOR
THE PURPOSE OF AMENDING THE CODE OF BARTOW COUNTY, ARTICLE II,
ADDING NEW SECTIONS REGULATING THE PURCHASE, POSSESSION,
MANUFACTURE, DISTRIBUTION, SALE, DELIVERY OR USE OF CERTAIN
DANGEROUS SUBSTANCES DEFINED AS UNREGULATED MARIJUANA OR
“SYNTHETIC CANNABINOIDS” AND FOR OTHER PURPOSES; AT THE REGULAR
MEETING OF THE COMMISSIONER HELD ON SEPTEMBER 11, 2013.
WHEREAS, Bartow County has been informed through reports from local law enforcement of
the continuing manufacture, sale, distribution, delivery and/or use throughout the State of
Georgia of certain dangerous substances defined under this Ordinance as “Unregulated
Marijuana Substitutes” that mimic the effects of marijuana or “synthetic cannabinoids” (or
“synthetic marijuana”, “K2” or “Spice”) despite the efforts of the Georgia General Assembly to
regulate “synthetic cannabinoids” (or “synthetic marijuana”, “K2” or “Spice”) as a Schedule 1
controlled substance under Code Section 16-13-25 of the Official Code of Georgia and the 2012
Act of the General Assembly known as “Chase’s Law”; and
WHEREAS, in particular, Bartow County is aware of the growing movement among
manufacturers of synthetic cannabinoids to circumvent the laws of the State of Georgia (and the
laws of other states regulating “synthetic cannabinoids”, “synthetic marijuana”, “K2” or Spice)
and frustrated enforcement efforts by manufacturing “Unregulated Marijuana Substitutes” by
altering the chemical formula, molecular structure and/or composition of “synthetic
cannabinoids” so as to make said substances undetectable or unidentifiable as banned Schedule 1
controlled substances under Georgia law; and
WHEREAS, like “synthetic cannabinoids”, these Unregulated Marijuana Substitutes are
commonly packaged and marketed as “potpourri”, “bath salts”, “plant food”, “herbal smoking
blends”, “incense” and/or “herbal incense” to disguise their dangerous nature, but are commonly
being used as an alternative to marijuana or “synthetic cannabinoids”, have been typically sold
online, in head shops, tobacco shops, various retail outlets and at some gas stations, and may be
sold and marketed under a variety of names including but not limited to “K-2”, “K-2 SUMMIT”,
“GENIE”, “DASCENTS”, “ZOHAI”, “SAGE”, “SPICE”, “KO KNOCKOUT 2”, “SPICE
GOLD”, “SPICE DIAMOND”, “SPICE SILVER”, “YUCATAN FIRE”, “SOLAR FLARE”,
“PEP SPICE”, “FIRE N’ ICE”, “BLACK MAGIC SMOKE”, “SALVIA DIVINORUM”,
“EXTREME POTPOURRI”, “HAYZE TRAINWRECK”, “SKUNK”, “FAKE WEED”,
“MOON ROCKS”, “MR. SMILEY”, “RED X DAWN”, “BLAZE”, “BLACK MAMBA”,
BOMBAY BLUE” and “BLISS”; and
127
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
WHEREAS, like “synthetic cannabinoids”, these Unregulated Marijuana Substitutes are reported
by the medical community to produce a very potent, intoxicating effect ranging from three to one
hundred times greater and more potent than Tetrahydrocannabinol (“THC”), the active ingredient
in marijuana; and
WHEREAS, these Unregulated Marijuana Substitutes manifest all of the demonstrated attributes
of substances that deprive persons of judgment, coordination and the ability to conduct
themselves in a safe and appropriate manner in modern society, and are reported to cause
hallucinations, vomiting, agitation, panic attacks, tachycardia, elevated blood pressure, pallor,
numbness and tingling, disorientation, loss of time awareness, and in some cases, tremors,
seizures, kidney failure and loss of consciousness; and
WHEREAS, due to the proliferation of Unregulated Marijuana Substitutes in the retail
marketplace and the continued sale and use of Unregulated Marijuana Substitutes following the
passage of amendments to Code Section 16-13-25 of the Official Code of Georgia including the
2012 enactment of “Chase’s Law”, the Georgia State Board of Pharmacy recently enacted an
emergency rule on June 12, 2012 to specifically classify five additional compounds as “synthetic
cannabinoids” that are banned from over-the-counter sales; however the recently enacted
emergency rule of the Georgia State Board of Pharmacy does not allow for arrests or criminal
prosecution until further action by the Georgia Legislature, and the current Georgia law
regulating “synthetic cannabinoids” still allows for the very real threat of manufacturers
continuing to alter the chemical formula, molecular structure and/or composition of “synthetic
cannabinoids” so as to make said substances undetectable or unidentifiable as banned Schedule 1
controlled substances under Georgia law; and
WHEREAS, the continuing efforts of manufacturers of “synthetic cannabinoids” to circumvent
the laws of the State of Georgia and prevent enforcement efforts by constantly altering the
chemical formula, molecular structure and/or composition of these dangerous substances poses a
serious and imminent threat to the public health, safety and welfare of the citizens of Bartow
County, particularly the youth of Bartow County; and
WHEREAS, the Bartow County Commissioner desires to broaden or strengthen current Georgia
law prohibiting the purchase, possession, manufacture, distribution, sale, delivery or use of
“synthetic cannabinoids” by regulating the purchase, possession, manufacture, distribution, sale,
delivery or use of Unregulated Marijuana Substitutes; and
WHEREAS, the Georgia Constitution provides that “[l]aws of a general nature shall have
uniform law authorize local governments by local ordinance or resolution to exercise police
powers which do not conflict with general laws.” Ga. Const. 1983, Art. III, Sec. VI, Par. IV(a).
WHEREAS, Courts have repeatedly held that the above constitutional provision prevents local
governments from duplicating state regulatory requirements or criminalizing an activity that is
already criminalized under state law. Jenkins v. Jones, 209 Ga. 758, 762 (1953) (city cannot
128
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
make it a crime to drive while intoxicated because the exact same activity is already a crime
under state law); City of Atlanta v. S.W.A.N. Consulting & Sec. Services, Inc., 274 Ga. 277, 280
(2001) (city cannot regulate private detective agency serving as bouncers at strip clubs when the
agency is already regulated by the state); City of Buford v. Georgia Power Co., 276 Ga. 590, 590
(2003) (city cannot regulate electrical power substations because the Public Services
Commission has the authority to regulate those substations); and
WHEREAS, while Bartow County may not duplicate regulatory requirements set forth in the
general law of the state or criminalize an activity that is already criminalized under general law
(See Jenkins v. Jones, 209 Ga. 758, 762, 75 S.E.2d 815 (1953)), it may enact a special law
regulating an activity so long as that special law does not conflict with a general law, that is, so
long as the special law does not detract from or hinder the operation of the existing general law,
but rather augments and strengthens it. Grovenstein v. Effingham County, 262 Ga. 45, 47, 414
S.E.2d 207, 210 (1992) (citing City of Atlanta v. Associated Builders & Contractors of Ga., 240
Ga. 655, 657, 242 S.E.2d 139 (1978)); see also Bd. Of Com'rs of Miller County v. Callan, 290
Ga. 327, 333, 720 S.E.2d 608, 613 (2012); Pawnmart, Inc. v. Gwinnett County, 279 Ga. 19, 21,
608 S.E.2d 639, 641 (2005); and
WHEREAS, Bartow County may also enact regulations to protect the health, safety, and general
welfare of the public under its police powers. Ga. Const. of 1983, Art. IX, § 2, ¶ III; Ga. Const.
of 1983, Art. III, § 6, ¶ IV(a); O.C.G.A. § 36-1-20; Bd. of Com'rs of Atkinson County v. Guthrie,
273 Ga. 1, 3, 537 S.E.2d 329, 331-32 (2000); Pawnmart, Inc. v. Gwinnett County, 279 Ga. 19,
20, 608 S.E.2d 639, 641 (2005), generally referred to as police power regulations; and
WHEREAS, the regulation of the purchase, possession, manufacture, distribution, sale, delivery
or use of Unregulated Marijuana Substitutes does not detract or hinder the operation of the
existing Georgia law, but rather, is filling a gap in the existing general law to account for a
chemical compound or substance that is ever changing, and this regulation is designed with the
specific intent to augment and strengthen the existing general law as opposed to regulating an
activity that is already regulated by state law;
NOW THEREFORE, be it resolved and ordained by the Commissioner of Bartow County,
Georgia, and it is hereby resolved and ordained pursuant to the police power and his authority
under law, that the following ordinance and amendment is adopted:
I. The Code of Bartow County is amended to replace existing Article II of Chapter 50 with the
following:
Chapter 50
Article II – UNREGULATED MARIJUANA SUBSTITUTES
Sec. 50-71. Definitions. The following words as used in this section shall have the following
prescribed meaning:
129
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(1) Unregulated Marijuana Substitutes shall mean and refer to any compounds or substances,
whether described as tobacco herbs, incense spice, aromatherapy incense, bath salts, potpourri,
herbal smoking blends, plant food, aromatic substance that may cause a sense of euphoria,
novelty aromatic, or any blend thereof, regardless of whether the compound or substance is
marketed for the purpose of being smoked, injected, inhaled or ingested by humans or for human
consumption, that
(a) is not currently or hereinafter regulated as a Schedule 1 controlled substance under Georgia
law (including the following Georgia law: Code Section 16-13-25 of the Official Code of
Georgia, any amendments to Code Section 16-13-25 of the Official Code of Georgia including
the 2012 Act of the Georgia General Assembly known as “Chase’s Law”, and the emergency
rule of the Georgia State Board of Pharmacy enacted on June 12, 2012 declaring five specific
additional compounds as “synthetic cannabinoids” that are Schedule 1 controlled substances
under Georgia law),
(b) is privately compounded, with the specific intent to circumvent the criminal penalties for
synthetic cannabinoids under Georgia law, and
(c) emulate, simulate or mimic the effects of marijuana or synthetic cannabinoids through
chemical changes such as the addition, subtraction or rearranging of a radical or the addition,
subtraction or rearranging of a substituent.
(2) Synthetic cannabinoids shall mean and refer to those certain compounds or substances (also
commonly known or referred to in general as “Spice” or “K2”) that mimic, emulate or simulate
the effects of marijuana or the active ingredient in marijuana (Tetrahydrocannabinol) that are
specifically listed and identified as Schedule 1 controlled substances under Code Sections 16-1325(3) and 16-13-25(12) of the Official Code of Georgia, any amendments thereto, or any other
Code Section of the Official Code of Georgia.
(3) Substituent shall mean an atom or group that replaces another atom or group in a molecule.
(4) Radical shall mean and refer to a group of atoms that enters into and goes out of chemical
combination without change and that forms one of the fundamental constituents of a molecule.
(5) Person shall mean and refer to any individual, natural person, partnership, firm, corporation,
joint venture, proprietorship, business entity, association, agency, group, organization or group
of persons or any other entity.
Sec. 50-72. Prohibition on the Sale, Manufacture, Use, Delivery, Purchase, Possession or
Distribution of Unregulated Marijuana Substitutes. It shall be unlawful for any person to use,
sell, give, manufacture with intent to sell, possess, purchase, deliver, transport or distribute any
Unregulated Marijuana Substitutes within the limits of Bartow County.
130
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 50-73. Violations. Any person violating this section as it exists or may be amended, upon
conviction, shall be punished by the imposition of a fine not to exceed $1,000.00, by
imprisonment in the county jail for a period of time not to exceed sixty (60) days, or by both
such fine and imprisonment. Each day any violation of this section shall continue shall constitute
a separate offense.
Sec. 50-74. Other Remedies. In addition to or in lieu of any other remedy, the county may seek
injunctive, mandamus or other appropriate relief in superior court to enjoin or prevent a violation
of any provision of this article. Such action may also seek any other costs associated with the
action to enjoin or prevent any violation of any provision of this article. The county shall be
entitled to its reasonable attorney's fees and costs for bringing an action in superior court wherein
any relief is granted or fine assessed. Conviction for a violation of this section may also result in
the county revoking any person’s privilege of operating a business within the limits of the
county.
II. Repealer. All ordinances or resolutions or parts of ordinances or resolutions in conflict with
this ordinance are repealed.
III. Severability. The sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable. Should any section, paragraph, sentence, clause or phrase of this ordinance be
rendered invalid by any court of law, the remaining sections, paragraphs, sentences, clauses or
phrases shall not be affected but shall continue in effect until amended or repealed by action of
the governing authority of Bartow County.
SO ORDAINED AND ADOPTED this 11th day of September, 2013, to be effective
immediately, the public health, safety and welfare demanding.
131
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Forsyth County, GA
Part II – Code of Ordinances.
Chapter 50 – Offenses and Miscellaneous Provisions.
Article I. In General.
Sec. 50-5. Prohibition on the sale, manufacture, use, delivery, purchase, possession or
distribution of unregulated marijuana substitutes.
(a) Definitions. The following words as used in this section shall have the following prescribed
meaning:
(1) Unregulated marijuana substitutes shall mean and refer to any compounds or substances,
whether described as tobacco herbs, incense spice, aromatherapy incense, bath salts, potpourri,
herbal smoking blends, plant food, aromatic substance that may cause a sense of euphoria,
novelty aromatic, or any blend thereof, regardless of whether the compound or substance is
marketed for the purpose of being smoked, injected, inhaled or ingested by humans or for human
consumption, that:
a. Is not currently or hereinafter regulated as a Schedule 1 controlled substance under Georgia
law (including the following Georgia law: O.C.G.A. § 16-13-25, any amendments to O.C.G.A. §
16-13-25 including the 2012 Act of the Georgia General Assembly known as "Chase's Law", and
the emergency rule of the Georgia State Board of Pharmacy enacted on June 12, 2012 declaring
five specific additional compounds as "synthetic cannabinoids" that are Schedule 1 controlled
substances under Georgia law);
b. Is privately compounded, with the specific intent to circumvent the criminal penalties for
synthetic cannabinoids under Georgia law; and
c. Emulate, simulate or mimic the effects of marijuana or synthetic cannabinoids through
chemical changes such as the addition, subtraction or rearranging of a radical or the addition,
subtraction or rearranging of a substituent.
(2) Synthetic cannabinoids shall mean and refer to those certain compounds or substances (also
commonly known or referred to in general as "Spice" or "K2") that mimic, emulate or simulate
the effects of marijuana or the active ingredient in marijuana (Tetrahydrocannabinol) that are
specifically listed and identified as Schedule 1 controlled substances under O.C.G.A. §§ 16-1325(3) and 16-13-25(12), any amendments thereto, or any other Code Section of the Official Code
of Georgia.
(3) Substituent shall mean an atom or group that replaces another atom or group in a molecule.
(4) Radical shall mean and refer to a group of atoms that enters into and goes out of chemical
combination without change and that forms one of the fundamental constituents of a molecule.
132
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(5) Person shall mean and refer to any individual, natural person, partnership, firm, corporation,
joint venture, proprietorship, business entity, association, agency, group, organization or group
of persons or any other entity.
(b) It shall be unlawful for any person to use, sell, give, manufacture with intent to sell, possess,
purchase, deliver, transport or distribute any unregulated marijuana substitutes within the limits
of Forsyth County.
(c) Any person violating this section as it exists or may be amended, upon conviction, shall be
punished by the imposition of a fine not to exceed $1,000.00, by imprisonment in the county jail
for a period of time not to exceed 60 days, or by both such fine and imprisonment. Each day any
violation of this section shall continue shall constitute a separate offense.
(d) Conviction for a violation of this section may also result in the county revoking any person's
privilege of operating a business within the limits of the county.
(Ord. No. 118, § 1, 8-2-2012)
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
IDAHO
Madison County, ID
Part I – General Ordinances.
Chapter 14. Offenses and Miscellaneous Provisions.
Sec. 14-2. - Intoxicating chemical substances.
(a) Definitions. The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Intoxicating chemical substance means 1 or more of the following chemical compounds or their
analogs or homologs, whether isolated or contained in any liquid, fiber, paper, powder, solution,
herbal or plant material, aerosol, plasma, incense or other medium:
(1) Compounds delineated.
a. 1-pentyl-3-(1-naphthoyl) indole (JWH-018); naphthalen-1-yl-(1-butylindol-3-yl) methanone
(JWH-073);
b. 2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (CP 47,497);
(2) Any artificial chemical substance simulating, copying to a significant degree, or emulating
any of the compounds listed in subsection (1) of this definition, or any substance regulated or
governed by the Uniform Controlled Substances Act (Idaho Code, § 37-1701 et seq.), which
substance itself is not presently regulated by that chapter, capable of causing a condition of
intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as
a result of the ingestion, injection into the bloodstream or inhalation of the fumes or vapors of
such chemical substance; or
(3) For purposes of subsections (c)(1), (2) and (4) of this section only, any substance or product
labeled "not for human consumption," or any other label warning against humans introducing
that substance or product into the body.
Paraphernalia means all equipment, products and materials of any kind which are used, intended
for use, or designed for use, whether by injecting, ingesting, inhaling, or otherwise introducing,
into the human body an intoxicating chemical substance, as that term is defined in this
subsection.
(b) Application. Nothing in this chapter shall be construed to include, govern over, or regulate
any controlled substance or item of drug paraphernalia regulated by the provisions of Uniform
Controlled Substances Act (Idaho Code, § 37-1701 et seq.).
134
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(c) Abuse. A person is guilty of abuse of intoxicating chemical substances if that person:
(1) Intentionally ingests, injects into the bloodstream, inhales the fumes of while being 18 years
of age or older, or otherwise introduces into the body an intoxicating chemical substance, or
attempts any of the same;
(2) Is under the influence of an intoxicating chemical substance;
(3) Possesses, purchases, or attempts to possess or purchase an intoxicating chemical substance;
or
(4) Uses or possesses with intent to use, paraphernalia to inject, ingest, inhale or otherwise
introduce into the human body, an intoxicating chemical substance.
(d) Delivery. A person is guilty of delivery of an intoxicating chemical substance if that person
offers, sells, delivers or provides an intoxicating chemical substance to another person or entity.
(e) Manufacture. A person is guilty of the manufacture of an intoxicating chemical substance if
that person creates, manufactures, cultivates, transports, produces or processes an intoxicating
chemical substance.
(Ord. No. 369, §§ I—IV, 10-11-2010)
135
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Preston, ID
Title 9. Public Peace, Morals and Welfare.
III. Offenses Against Public Decency.
Chapter 9.38. Restrictions on the Manufacture, Distribution, Possession and Use of Synthetic
Cannabinoides.
9.38.010 - Manufacture, distribution, possession and use of synthetic cannabinoides unlawful.
9.38.020 - Penalty.
9.38.030. - Subsequent state action.
9.38.010 - Manufacture, distribution, possession and use of synthetic cannabinoides unlawful.
Except as authorized by Title 37, Chapter 27 of the Idaho Code, as amended, it is unlawful for
any person to knowingly and intentionally; produce, manufacture, or deliver; or possess with
intent to produce, manufacture, or deliver; or agree, consent, offer, or arrange to produce,
manufacture, or deliver; or possess or use synthetic cannabinoids, more specifically identified as
follows:
(a)
1-Pentyl-3-(1-naphthoyl)indole
Some trade or other names: JWH-018
(b)
1-Butyl-3-(naphthoyl)indole
Some trade or other names: JWH-073
(c)
N-benzylpiperazine
Some trade or other names: BZP
(d)
1-(3-[trifluoromethylphenyl]) piperazine
Some trade or other names: TFMPP; or
(e)
any structurally similar analogs of the substances listed above.
(Ord. No. 2010-2, § 1, 10-11-2010)
9.38.020 - Penalty.
Violation of this ordinance constitutes a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment not to exceed six (6) months, or by both such
fine and imprisonment.
(Ord. No. 2010-2, § 2, 10-11-2010)
136
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
9.38.030. - Subsequent state action.
If the State of Idaho adopts a statute enacting criminal penalties for the prohibitions set forth in
this ordinance, then upon the effective date of such state statute, provisions of this ordinance that
are addressed by the state statute shall no longer be deemed effective. Any violations of this
ordinance prior to a state statute becoming effective may be prosecuted. If there are provisions of
this ordinance that are not addressed by the state statute, those provisions will remain in effect
and may be prosecuted.
(Ord. No. 2010-2, § 3, 9-11-2010)
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137
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
ILLINOIS
Auburn, IL
Chapter 18 – Offenses.
Article IV. Offenses Against Public Peace.
Sec. 18-51. Synthetic alternative drugs.
(a) Definitions. For purposes of this section, the following definitions shall apply unless the
context clearly indicates or requires different meaning:
(1) A product containing a synthetic alternative drug means any product containing a synthetic
cannabinoid, stimulant or psychedelic hallucinogen, as those terms are defined herein such as,
but not limited to, the examples of brand names or identifiers listed on exhibit A attached hereto
and incorporated herein.
(2) Synthetic cannabinoid means any laboratory-created compound that functions similar to the
active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any
quantity of a natural or synthetic material, compound, mixture, preparation, substance and their
analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid
receptor agonist, such as, but not limited to:
• JWH-007 (l-pentyl-2-methyl-3-(1-naphthoyl)indole)
• JWH-015 ((2-Methyl-l-propyl-1H-indol-3-yl)-1-naphthalenylmethanone)
• JWH-018 (l,pentyl-3-(1-naphthoyl)indole)
• JWH-019 (l-hexyl-3-(naphthalen-l-oyl)indole)
• JWH-073 (naphthalen-1-yl-(l-butylindol-3-yl)methanone)
• JWH-081 (4-methoxynaphthalen-l-yl-(l-pentylindol-3-yl)methanone)
• JWH-098 (4-methoxynaphthalen-l-yl-(1-pentyl-2-methylindol-3-yl)methanone)
• JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole)
• JWH-I64 (7-methoxynaphthalen-l-yl-(l-pentylindol-3-yl)methanone
• JWH-200 (l-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-l-ylmethanone)
• JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone
• JWH-210 (4-ethylnaphthalen-l-yl-(1-pentylindol-3-yl)methanone
• JWH-250 (l-pentyl-3-(2-methoxyphenylacetyl)indole)
• JWH-251 (l-pentyl-3-(2-methylphenylacetyl)indole)
• JWH-398 (l-pentyl-3-(4-chloro-I-naphthoyl)indole)
• HU-210 ((6aR, 10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)6a, 7,10,10atetrahydrobenzo [c]chromen-l-ol)
• HU-211 ((6aS, 10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)6a, 7,10,10atetrahydrobenzo [c]chromen-1-o1)
• HU-308 ([(1 R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7, 7-dimethyl-4bicyclo[3.1.1]hept-3-enyl) methanol)
138
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
• HU-331 ((3-hydroxy-2-[(l R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-lyl)-5-pentyl2,5-cyclonexadiene-1,4-dione)
• CP 55,940 (2-[(lR,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl)-5-(2-methyloctan-2yl)phenol)
• CP 47,497 (2-[(lR,3S)-3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol) and its
homologues
• WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo (1,2,3-de)1,4-benzoxazin-6-yl)-I-nepthalenylmethanone)
• RCS-4 ((4-methoxyphenyl)(l-pentyl-1H-indol-3-yl)methanone)
• RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone)
(3) Synthetic stimulant means any compound that mimics the effects of any federally controlled
schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not
limited to, any quantity of a natural or synthetic material, compound, mixture, preparation,
substance and their analog (including salts, isomers, and salts of isomers) containing substances
which have a stimulant effect on the central nervous system, such as, but not limited to:
• 3-Fluoromethcathinone
• 4-Fluoromethcathinone (other name: flephedrone)
• 3,4-Methylenedioxymethcathinone (other name: methylone, MDMC)
• 3,4-Methylenedioxypyrovalerone (other name: MDPV)
• 4-Methylmethcathinon (other names: mephedrone, 4-MMC)
• 4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC)
• 4-Ethylmethcathinone (other name: 4-EMC)
• Ethcathinone
• Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MBDB)
• Napthylpyrovalerone (other names: naphyrone, NRG-1)
• N,N-dimethylcathinone (other name: metamfepramone)
• Alpha-pyrrolidinopropiophenone (other name: alpha-PPP)
• 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
• 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP)
• Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
• 6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxal-6-amine) (other name: MDAI)
• Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone by
modification or substitution in any of the following ways:
• in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl ring by one (1) or more other
univalent substituents;
• At the 3-position with an alkyl substituent;
• At the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups;
• Or by inclusion of the nitrogen atom in a cyclic structure.
139
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(4) Synthetic psychedelic hallucinogen means any compound that mimics the effects of any
federally controlled schedule I substance, including, but not limited to, any quantity of a natural
or synthetic material, compound, mixture, preparation, substance and their analog (including
salts, isomers, esters, ethers and salts of isomers) containing substances which have a
psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
•
•
•
•
•
•
•
•
•
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E)
2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D)
2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C)
2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I)
2-(4-(Ethylthio )-2,5-dimethoxyphenyl)ethanamine (2C-T-2)
2-(4-(Isopropy lthio)-2,5-dimethoxypheny l)ethanamine (2C-T-4)
2-(2,5-Dimethoxyphenyl)ethanamine (2C-H)
2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N)
2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P)
(5) Smoking product means any object intended to be used lawfully for inhaling or ingesting or
otherwise introducing synthetic alternative drugs, synthetic cannabinoid stimulants or
psychedelic/hallucinogens, cannabis, cocaine, hashish, or hashish oil into the human body as
defined in 720 ILCS 600/1 et seq., the Drug Paraphernalia Control Act, such products include,
but are not limited to:
a. Water pipes;
b. Carburetion tubes and devices;
c. Smoking and carburetion masks;
d. Miniature cocaine spoons and cocaine vials;
e. Carburetor pipes;
f. Electric pipes;
g. Air-driven pipes;
h. Chillums;
i. Bongs; and
j. Ice pipes or chillers.
(b) Unlawful to sell, offer, gift or display. It shall be unlawful for any person to sell, offer to sell,
gift, or publicly display for sale any smoking product, synthetic alternative drug, synthetic
cannabinoid stimulant or psychedelic/hallucinogen.
(c) Possession unlawful. It is unlawful for any person to knowingly possess any smoking
product, synthetic alternative drug, synthetic cannabinoid stimulant or psychedelic/hallucinogen
or illegal smoking product.
(d) Use. It shall be unlawful for any person to be under the influence of a synthetic alternative
drug, synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
140
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(e) Penalties.
(1) Except as otherwise provided in this chapter, any person found to be in violation of
subsection 18-51(a) shall be subject to a fine as set forth in appendix A to chapter 1, section 113, fines and penalties for ordinance violations, for each violation thereof. Each day that a
violation continues shall constitute a separate and distinct offense to which a separate fine shall
apply.
(2) Except as otherwise provided in this chapter, any person found to be in violation of
subsection 18-51(b) or subsection 18-51(c) shall be subject to a fine as set forth in appendix A to
chapter 1, section 1-13; fines and penalties for ordinance violations, for each violation thereof.
Each day that a violation continues shall constitute a separate and distinct offense to which a
separate fine shall apply.
(3) No licensee under this Code shall sell, offer for sale, give away, barter or exchange or
otherwise furnish any synthetic alternative drug, synthetic cannabinoid, stimulant or
psychedelic/hallucinogen. Each transaction constitutes a separate and distinct offence to which a
separate fine shall apply.
(4) Any violation of this section or any regulation promulgated there under may result in license
suspension or revocation in accordance with the requirements of chapter 15, licenses, section 1517
(Ord. No. 1339-12, 2-21-12)
Exhibit A
2010
Freedom
K2 Silver
8-Ball
Fully Loaded
K2 Solid Sex on the
Mountain
Aztec Gold
Funky Monkey
K2 Solid Sex on the
Mountain
Aztec Midnight Wind
Tezcatlipoca
Funky Monkey XXXX
K2 Standard
Back Draft
G Four
K2 Strawberry
Bad 2 the Bone
G Greenies Caramel Crunch
K2 Summit
Banana Cream Nuke
Genie
K2 Summit Coffee Wonk
Bayou Blaster
Gold Spirit Spice
K2 Thai Dream
Black Diamond
Green Monkey Chronic Salvia
K2 Ultra
Black Magic Salvia
Greenies Strawberry
K2 Watermelon
141
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Black Mamba
Heaven Improved
K3
Blueberry Hayze
Heavenscent Suave
K3 Blueberry
Bombay Blue
Humboldt Gold
K3 Cosmic Blend
Buzz
Jamaican Gold
K3 Dusk
C3
Jamaican Gold
K3 Grape
C4 Herbal Incense
K Royal
K3 Heaven Improved
Caneff
K1 Orbit
K3 Heaven Legal
Cherry Bomb
K2
K3 Kryptonite
Chill X
K2 (unknown variety)
K3 Legal
Chronic Spice
K2 Amazonian Shelter
K3 Legal - Original (Black)
Cill Out
K2 Amazonian Shelter
K3 Legal- Earth (silver)
Citrus
K2 Blonde
K3 Legal- Sea (silver)
Colorado Chronic
K2 Blue
K3 Legal- Sun (Black)
DaBlock
K2 Blueberry
K3 Mango
Dark Night II
K2 Citron
K3 Original
Demon
K2 Cloud 9
K3 Original Improved
Diamond Spirit
K2 Kryptonite
K3 Strawberry
Dragon Spice
K2 Latte
K3 Sun
D-Rail
K2 Mellon
K3 Sun Improved
Dream
K2 Mint
K3 Sun Legal
Earthquake
K2 Orisha Black Magic Max
K3 XXX
Eruption Spice
K2 Orisha Max
K4 Bubble Bubble
Euphoria
K2 Orisha Regular
K4 Gold
EX_SES Platinum Strawberry
K2 Orisha Super
K4 Purple Haze
exSES
K2 Orisha White Magic Super
K4 Silver
EX-SES Platinum
K2 Peach
K4 Summit
EX-SES Platinum Blueberry
K2 Pina Colada
K4 Summit Remix
EX-SES Platinum Cherry
K2 Pineapple
Kind Spice
EX-SES Platinum Strawberry
K2 Pineapple Express
K1 Gravity
EX-SES Platinum Vanilla
K2 Pink
K1 Orbit
Fire Bird Ultimate Strength
K2 Pink Panties
142
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Cinnamon
Forest Humus
K2 Sex
Legal Eagle
Potpourri Gold
Stinger
Legal Eagle Apple Pie
Pulse
Summer Skyy
Love Potion 69
Rasta Citrus Spice
Super Kush
Love Strawberry
Rebel Spice
Super Summit
Magic Dragon Platinum
Red Bird
Swagger Grape
Magic Gold
S1, S Werve
SYN Chill
Magic Silver
Samurai Spirit
SYN Incense LemonLime
Magic Spice
Sativah
SYN Incense Smooth
Mega Bomb
Scope Vanilla
SYN Incense Spearmint
Mid-Atlantic Exemplar
Scope Wildberry
SYN Lemon Lime
Mid-Atlantic Exemplar (K2
Summit)
Sence
SYN Lemon Lime #2
Midnight Chill
Shanti Spice
SYN Smooth
MNGB Almond/Vanilla
Shanti Spice Bluberry
SYN Spearmint
MNGB Peppermint
Silent Black
SYN Spearmint #2
MNGB Pinata Colada
Skunk
SYN Suave
MNGB Spear Mint
Smoke
SYN Swagg
MNGB Tropical Thunder
Smoke Plus
SYN Vanilla
Moe Joe Fire
Space
SYN Vanilla #2
Mojo
Spice Artic Synergy
Texas Gold
Mr. Smiley's
Spice Diamond
Time Warp
MTN-787
Spice Gold
Tribal Warrior
Mystery
Spice Gold
Ultra Cloud 10
Naughty Nights
Spice Silver
Unknown cigarette
New Improved K3
Spice Tropical Synergy
Utopia
New Improved K3 Cosmic
Blend
Spicey Regular XXX Blueberry Utopia-Blue Berry
New Improved K3 Dynamite
Spicey Regular XXX
Strawberry
Voo Doo Remix (black
package)
143
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
New Improved K3 Kryptonite
Spicey Ultra Strong XXX
Strawberry
Voo Doo Remix (orange
package)
New K3 Earth
Spicey Ultra Strong XXX
Vanilla
Voodoo Child
New K3 Heaven
Spicey XXX
Voodoo Magic
New K3 Improved
Spicy Ultra Strong XXX
Vanilla
Voodoo Remix
New K3 Sea Improved
Spicylicious
Who Dat
New-Kron Bomb
Spike 99
Who Dat Herbal Incense
Nitro
Spike 99 Ultra
Wicked X
Ocean Blue
Spike 99 Ultra Blueberry
Winter Boost
POW
Spike 99 Ultra Cherry
Wood Stock
p.e.p. pourri Love Strawberry
Spike 99 Ultra Strawberry
XTREME Spice
p.e.p. pourri Original Spearmint Spike Diamond
Yucatan Fire
p.e.p. pourri Twisted Vanilla
Spike Gold
Yucatan Fire
p.e.p. pourri X Blueberry
Spike Maxx
Zombie World
Paradise
Spike Silver
Pink Tiger
Spike99
Potpourri
144
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Aurora, IL
Chapter 29. Offenses – Miscellaneous.
Article X. Synthetic Alternative Drugs.
Sec. 29-315. - Definitions.
Sec. 29-316. - Sale or delivery.
Sec. 29-317. - Possession.
Sec. 29-318. - Use.
Sec. 29-319. - Penalties.
Sec. 29-315. - Definitions.
For purposes of this article, the following definitions shall apply unless the context clearly
indicates or requires different meaning:
(1) A product containing a synthetic alternative drug means any product containing a synthetic
cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein such as,
but not limited to, the examples of brand names or identifiers listed on Exhibit "A" attached to
the ordinance from which this article derives and incorporated herein [by reference] as if fully set
out.
(2) Synthetic cannabinoid means any laboratory-created compound that functions similar to the
active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any
quantity of a natural or synthetic material, compound, mixture, preparation, substance and their
analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid
receptor agonist, such as:
• JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole)
• JWH-015 ((2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone)
• JWH-018 (1-pentyl-3-(1-naphthoyl)indole)
• JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole)
• JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone)
• JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)
• JWH-098 (4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone)
• JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole)
• JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
• JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone)
• JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone
• JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone
• JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole)
• JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole)
• JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole)
145
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
• HU-210 ((6aR, 10aR)-9-(Hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10atetrahydrobenzo [c]chromen-1-ol)
• HU-211 ((6aS, 10aS)-9-(Hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10atetrahydrobenzo [c]chromen-1-ol)
• HU-308 ([(1R, 2R, 5R)-2-[2, 6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7, 7-dimethyl-4bicyclo[3.1.1]hept-3-enyl] methanol)
• HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,
5-cyclohexadiene-1, 4-dione)
• CP 55, 940 (2-[(1R, 2R, 5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]- 5-(2-methyloctan-2yl)phenol)
• CP 47, 497 (2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) and its
homologues
• WIN 55, 212-2 ((R)-(+)-[2, 3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1, 2, 3,-de)1, 4-benzoxazin-6-yl]-1-nepthalenylmethanone)
• RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone)
• RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone)
(3) Synthetic stimulant means any compound that mimics the effects of any federally controlled
Schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not
limited to, any quantity of a natural or synthetic material, compound, mixture, preparation,
substance and their analog (including salts, isomers, and salts of isomers) containing substances
which have a stimulant effect on the central nervous system, such as:
• 3-Fluoromethcathinone
• 4-Fluoromethcathinone (other name: flephedrone)
• 3, 4-Methylenedioxymethcathinone (other name: methylone, MDMC)
• 3, 4-Methylenedioxypyrovalerone (other name: MDPV)
• 4-Methylmethcathinon (other names: mephedrone, 4-MMC)
• 4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC)
• 4-Ethylmethcathinone (other name: 4-EMC)
• Ethcathinone
• Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MBDB)
• Napthylpyrovalerone (other names: naphyrone, NRG-1)
• N, N-dimethylcathinone (other name: metamfepramone)
• Alpha-pyrrolidinopropiophenone (other name: alpha-PPP)
• 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
• 3, 4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP)
• Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
• 6, 7-kihydro-5H-indeno(5, 6-d)-1, 3-dioxal-6-amine) (other name: MDAI)
• Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone by
modification or substitution in any of the following ways:
146
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
• in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl ring by one or more other univalent
substituents;
• at the 3-position with an alkyl substituent;
• at the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups;
• or by inclusion of the nitrogen atom in a cyclic structure.
(4) Synthetic psychedelic/hallucinogen means any compound that mimics the effects of any
federally controlled Schedule I substance, including but not limited to, any quantity of a natural
or synthetic material, compound, mixture, preparation, substance and their analog (including
salts, isomers, esters, ethers and salts of isomers) containing substances which have a
psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
• 2-(2, 5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
• 2-(2, 5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
• 2-(4-Chloro-2, 5-dimethoxyphenyl)ethanamine (2C-C);
• 2-(4-Iodo-2, 5-dimethoxyphenyl)ethanamine (2C-I);
• 2-(4-(Ethylthio)-2, 5-dimethoxyphenyl)ethanamine (2C-T-2);
• 2-(4-(Isopropylthio)-2, 5-dimethoxyphenyl)ethanamine (2C-T-4);
• 2-(2, 5-Dimethoxyphenyl)ethanamine (2C-H);
• 2-(2, 5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
• 2-(2, 5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
(Ord. No. 011-044, § 2, 9-13-11)
Editor's note—
Exh. A to Ord. No. 011-044, adopted Sept. 13, 2011, is on file and available for inspection in the
office of the city clerk.
Sec. 29-316. - Sale or delivery.
It shall be unlawful for any person to sell, offer for sale or deliver any product containing a
synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
(Ord. No. 011-044, § 2, 9-13-11)
Sec. 29-317. - Possession.
It shall be unlawful for any person to knowingly possess a product containing a synthetic
cannabinoid, stimulant or psychedelic/hallucinogen.
(Ord. No. 011-044, § 2, 9-13-11)
147
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 29-318. - Use.
It shall be unlawful for any person to be under the influence of a synthetic cannabinoid, stimulant
or psychedelic/hallucinogen.
(Ord. No. 011-044, § 2, 9-13-11)
Sec. 29-319. - Penalties.
Any person found to be in violation of section 29-316 shall be guilty of a misdemeanor IV for
each violation thereof. Any person found to be in violation of Section 29-317 shall be guilty of a
misdemeanor III for each violation thereof. Any person found to be in violation of section 29318 shall be guilty of a misdemeanor III for each violation thereof. Each violation of this
ordinance, or every day a violation continues to exist, shall constitute a new and separate
violation.
(Ord. No. 011-044, § 2, 9-13-11)
148
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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201, Santa Fe, NM 87501.
Bartonville, IL
Chapter 38. Offenses and Miscellaneous Provisions.
Article V. Drug Related Offenses.
Division 5. Synthetic Alternative Drugs.
Sec. 38-180. - Definitions.
Sec. 38-181. - Sale or delivery.
Sec. 38-182. - Possession.
Sec. 38-183. - Use.
Sec. 38-184. - Penalties.
Secs. 38-185—38-199. - Reserved.
Sec. 38-180. - Definitions.
For purposes of this Division, the following definitions shall apply unless the context clearly
indicates or requires different meaning:
A product containing a synthetic alternative drug means any product containing a synthetic
cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein such as,
but not limited to, the examples of brand names or identifiers listed on Exhibit "A" attached
hereto and incorporated herein.
Synthetic cannabinoid means any laboratory-created compound that functions similar to the
active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any
quantity of a natural or synthetic material, compound, mixture, preparation, substance and their
analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid
receptor agonist, such as:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole)
JWH-015 ((2-Methyl-1-propyl-1H-indol-3-y1)-1-naphthalenylmethanone)
JWH-018 (1-pentyl-3-(1-naphthoyl)indole)
JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole)
JWH-073 (naphthalen-1-y1-(1-butylindol-3-yl)methanone)
JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)
JWH-098 (4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone)
JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole)
JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone)
JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone
JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone
JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole)
JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole)
JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole)
149
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
• HU-210 ((6aR, 10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo [c]chromen-1-ol)
• HU-211 ((6aS, 10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo [c]chromen-1-ol)
• HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4bicyclo[3.1.1]hept-3-enyl] methanol)
• HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl2,5-cyclohexadiene-1,4-dione)
• CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-5-(2-methyloctan-2yl)phenol)
• CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) and its
homologues
• WIN 55,212-2 ((R)-(-)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de)1,4-benzoxazin-6-yl]-1-nepthalenylmethanone)
• RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone)
• RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone)
Synthetic stimulant means any compound that mimics the effects of any federally controlled
Schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not
limited to, any quantity of a natural or synthetic material, compound, mixture, preparation,
substance and their analog (including salts, isomers, and salts of isomers) containing substances
which have a stimulant effect on the central nervous system, such as:
• 3-Fluoromethcathinone
• 4-Fluoromethcathinone (other name: flephedrone)
• 3,4-Methylenedioxymethcathinone (other name: methylone, MDMC)
• 3,4-Methylenedioxypyrovalerone (other name: MDPV)
• 4-Methylmethcathinon (other names: mephedrone, 4-MMC)
• 4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC)
• 4-Ethylmethcathinone (other name: 4-EMC)
• Ethcathinone
• Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MBDB)
• Napthylpyrovalerone (other names: naphyrone, NRG-1)
• N,N-dimethylcathinone (other name: metamfepramone)
• Alpha-pyrrolidinopropiophenone (other name: alpha-PPP)
• 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
• 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP)
• Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
• 6,7-kihydro-5H-indeno (5,6-d)-1,3-dioxal-6-amine) (other name: MDAI)
• Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone by
modification or substitution in any of the following ways:
150
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201, Santa Fe, NM 87501.
• In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl ring by one or more other univalent
substituents;
• at the 3-position with an alkyl substituent;
• at the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups;
• or by inclusion of the nitrogen atom in a cyclic structure.
Synthetic psychedelic/hallucinogen means any compound that mimics the effects of any
federally controlled Schedule I substance, including, but not limited to, any quantity of a natural
or synthetic material, compound, mixture, preparation, substance and their analog (including
salts, isomers, esters, ethers and salts of isomers) containing substances which have a
psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
• 2-(2,5-Dimethoxy-4-ethyphenyl)ethanamine (2C-E);
• 2-(2.5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
• 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
• 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
• 2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
• 2-(4-(Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
• 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
• 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
• 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
(Ord. No. 1648, § 2, 12-8-2011)
Sec. 38-181. - Sale or delivery.
It shall be unlawful for any person to sell, offer for sale or deliver any product containing a
synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
(Ord. No. 1648, § 2, 12-8-2011)
Sec. 38-182. - Possession.
It shall be unlawful for any person to knowingly possess a product containing a synthetic
cannabinoid, stimulant or psychedelic/hallucinogen.
(Ord. No. 1648, § 2, 12-8-2011)
Sec. 38-183. - Use.
It shall be unlawful for any person to be under the influence of a synthetic cannabinoid, stimulant
or psychedelic/hallucinogen.
(Ord. No. 1648, § 2, 12-8-2011)
151
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 38-184. - Penalties.
(a) Any person found to be in violation of Section 38-181 shall be subject to a fine of not less
than $500.00 and not more than $750.00 for each violation thereof.
(b) Any person found to be in violation of Section 38-182 or Section 38-183 shall be subject to a
fine of not less than $150.00 and not more than $750.00 for each violation thereof.
(c) Each violation of this Division, or everyday a violation continues to exist, shall constitute a
new and separate violation.
(Ord. No. 1648, § 2, 12-8-2011)
Secs. 38-185—38-199. - Reserved.
152
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201, Santa Fe, NM 87501.
Burbank, IL
Chapter 9. Offenses and Miscellaneous Provisions.
Article I. In General.
Sec. 9-85. - Synthetic cannabinoids and synthetic stimulants.
(a) Definitions. For purposes of this section, the following definitions shall apply unless the
context clearly indicates or requires different meaning:
(1) A product containing a synthetic cannabinoid or a synthetic stimulant or product(s) means
any product containing a synthetic cannabinoid or a synthetic stimulant, as those terms defined
herein such as, but not limited to, the following brand names or identifiers: Spice, Chronic Spice,
Spice Gold, Spice Silver, K2, K2 Sky, K2 Solid Sex, K2 Orisha, K2 Amazonian Shelter, K2
Thai Dream, K3, K3 Legal, Stinger, Red X Dawn, Spike 99, Spicylicious, Zohai, Serenity,
Genie, Yucatan Fire, Earthquake, Mystery, Black Mamba, Mr. Nice Guy, Skunk, Pulse, Ivory
Wave, Pure Ivory, Purple Wave, Vanilla Sky, Bliss, Meow Meow, Zoom, Sextacy, Molly's Plant
Food, Purple Monkey Plant Food, Buzz Grow, 4MMC, m-Cat and Energy 1.
(2) Synthetic cannabinoid means any laboratory-created compound that functions similar to the
active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any
quantity of a natural or synthetic material, compound, mixture, preparation, substance and their
analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid
receptor agonist, such as:
• JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole)
• JWH-015 ((2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone)
• JWH-018 (1-pentyl-3-(1-naphthoyl)indole)
• JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole)
• JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone)
• JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)
• JWH-098 (4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone)
• JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole)
• JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
• JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone)
• JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)-ethanone
• JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone
• JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole)
• JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole)
• JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole)
• HU-210 ((6aR, 10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo [c]chromen-1-ol)
• HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo [c]chromen-1-ol)
153
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relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
• HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4bicyclo[3.1.1]hept-3-enyl] methanol)
• HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methy-lethenyl)-2-cyclohexen-1-yl]-5-pentyl2,5-cyclohexadiene-1,4-dione)
• CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]- 5-(2-methyloctan-2yl)phenol)
• CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2-yl)phenol) and its
homologues
• WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de)1,4-benzoxazin-6-yl]-1-nepthalenylmethanone)
• RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)-methanone)
• RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone)
(3) Synthetic stimulant means any compound that mimics the effects of any federally controlled
Schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not
limited to, any quantity of a natural or synthetic material, compound, mixture, preparation,
substance and their analog (including salts, isomers, and salts of isomers) containing substances
which have a stimulant effect on the central nervous system, such as:
• 3-Fluoromethcathinone
• 4-Fluoromethcathinone
• 3,4-Methylenedioxymethcathinone (other name: methylone, MDMC)
• 3,4-Methylenedioxypyrovalerone (other name: MDPV)
• 4-Methylmethcathinon (other names: mephedrone, 4-MMC)
• 4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC)
• 4-Ethylmethcathinone (other name: 4-EMC)
• Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MBDB)
• Napthylpyrovalerone (other names: naphyrone, NRG-1)
• Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone by
modification or substitution in any of the following ways:
• in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl ring by one or more other univalent
substituents;
• at the 3-position with an alkyl substituent;
• at the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups;
• or by inclusion of the nitrogen atom in a cyclic structure.
(b) Sale or delivery. It shall be unlawful for any person to sell, offer for sale or deliver any
product containing a synthetic cannabinoid or a synthetic stimulant.
(c) Possession. It shall be unlawful for any person to knowingly possess a product containing a
synthetic cannabinoid or a synthetic stimulant with the intent of using the product for ingestion,
consumption, inhaling, or intravenous use. In determining intent under this subsection, a trier of
154
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201, Santa Fe, NM 87501.
fact may take into consideration, among other things: the proximity of the product to drug
paraphernalia (see, Burbank Municipal Code, section 9-23.1); the presence of the product on or
within drug paraphernalia; the proximity of the product to a different controlled substance; and
whether or not the individual in possession of the product is exhibiting physical effects
commonly associated with being under the influence of a controlled substance.
(d) Use. It shall be unlawful for any person to be under the influence of a synthetic cannabinoid
or a synthetic stimulant.
(Ord. No. 13-8-11, § 2, 8-24-2011)
155
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Carpentersville, IL
Title 9. Public Peace and Welfare.
Chapter 9.02. General Provisions.
9.02.010 Definitions generally.
9.02.020 Specific definitions.
9.02.030 Aiding and abetting.
9.02.040 Attempt.
9.02.010 - Definitions generally.
A.
Whenever any words or phrases used in this chapter are not specifically defined herein,
such words or phrases shall be defined as set forth in Chapter 720 of the Illinois Compiled
Statutes.
B.
When not inconsistent with the context, words used in the present tense include the
future, words in the plural include the singular, and words in the singular include the plural. The
word "shall" is always mandatory.
(Ord. No. 11-17, § 1, 3-15-2011)
9.02.020 - Specific definitions.
The following terms, phrases, words and their derivations shall have the meaning as set forth
herein:
"Alcoholic liquor" means any spirits, wine, beer, all or other liquids containing alcohol or spirits
and capable of being consumed.
"Bidi cigarette" means a product that contains tobacco that is wrapped in temburni or tendu leaf
or that is wrapped in other material identified by the Illinois Department of Public Health that is
similar in appearance or characteristics to the temburni or tendu leaf.
"Cannabis" means marijuana, hashish and other substances which are identified as including any
parts of the plant Cannabis sativa, whether growing or not, the seeds thereof, the resin extracted
from any part of such plant, and any compound, manufacture, salt, derivative, mixture or
preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other
cannabino derivatives, including its naturally occurring or synthetically produced ingredients,
whether produced directly or indirectly by extraction, or independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis; but shall not include the
mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of
such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such
mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of
such plant which is incapable of germination.
156
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"Characterizing flavor" means predominant flavor, taste, or aroma (other than tobacco or
menthol for all smokeable tobacco products and cigars) produced by the tobacco product or its
smoke either prior to or during consumption.
"Child" means any person under seventeen (17) years of age.
"Deliver" or "delivery" means the actual, constructive or attempted transfer of possession, with
or without consideration, whether or not there is an agency relationship.
"False identification" shall mean any document which may be used for identification of a person
which contains false information or misrepresents the person's age.
"Graffiti" means and includes any unauthorized inscription, word, writing, mark, sign, symbol,
figure or design or collection thereof, which is marked, etched, scratched, scrawled, painted,
drawn or printed on any external surface of a building, or on a wall, or a sign (whether public or
private), fence, sidewalk, curb, street, or on any structural component of any building, structure
or other facility regardless of the nature of the material of that structural component.
"Graffiti materials" means and includes paint, any aerosol or pressurized containers of paint,
indelible markers with a three-eighths inch or greater in size tip, a pint or more of ink, dye or any
other substance capable of defacing property.
"Intentionally" means the conscious objection or purpose is to accomplish that result or engage
in that conduct.
"Knowingly" means being consciously aware that certain circumstances exist; having general
knowledge of a reason to know, a belief or ground for a belief; being consciously aware that a
result is practically certain to occur from an act or conduct; or willfully.
"Legal guardian" means the person appointed guardian or given custody of a minor by a court of
competent jurisdiction.
"Minor" means any person under eighteen (18) years of age.
"Negligently" means failing to be aware of a substantial and unjustifiable risk that circumstances
exist or a result will follow, described by the section defining the offense; and such failure
constitutes a substantial deviation from the standard of care which a reasonable person would
exercise in the situation.
"Obscene" Any material or performance is obscene if: (1) the average person, applying
contemporary adult community standards, would find that, taken as a whole, it appeals to the
prurient interest; and (2) the average person, applying contemporary adult community standards,
would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or
157
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation,
excretory functions or lewd exhibition of the genitals; and (3) taken as a whole, it lacks serious
literary, artistic, political or scientific value. A thing is obscene even though the obscenity is
latent, as in the case of undeveloped film or photographs.
"Parent" means the natural or adoptive mother or father or a legal guardian of a minor.
"Person" means an individual, public or private corporation, partnership or unincorporated
association or any recognized business entity.
"Prohibited plant materials" means any combination of any of the parts, leaves, stems, stalks,
seeds, materials, compounds, salts, derivatives, mixtures, preparations, or any resin extracted
from any part of the following plants:
a)
Artemisia vulgaris (Mugwort);
b)
Canavalia rosea (Bay bean);
c)
Leonotis leonurus (Lion's tail);
d)
Leontois nepetifolia (Lion's ear);
e)
Leonurus sibiricus (Honeyweed);
f)
Nelumbo nucifera (Sacred Lotus);
g)
Nymphaea caerulea (Blue Lotus, Egyptian Lotus);
h)
Peducularis denisflora (Indian warrior);
i)
Salvia divinorum;
j)
Scutellaria nana (Swarf skullcap);
k)
Turnera diffusa (Damiana);
l)
Zornia latifolia.
"Property" means any real estate, including improvements thereon, and any tangible personal
goods or chattel.
"Recklessly" means acting in a manner or under circumstances with a disregard of, or
indifference to, the consequences of such act.
158
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
"Sexually explicit video game" means any video game that the average person, applying
contemporary community standards would find, with respect to minors, is designed to appeal or
pander to the prurient interest and depict or represent in a manner patently offensive with respect
to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or
perverted sexual act or a lewd exhibition of the genitals or post-pubescent female breast.
"Smoking herbs" means all substances of plant origin and their derivatives, including but not
limited to broom, calea, California poppy, damiana, hops, ginseng, lobelia jimson weed and
other materials of the Datura genus, passion flower, and wild lettuce which are processed or sold
primarily for use as smoking materials.
"Solicit" means to request an immediate donation of money or other thing of value from another
person, regardless of the solicitor's purpose or intended use of the money or other thing of value
and includes both solicitation for charitable purposes and panhandling.
"Synthetic cannabinoids" shall any material, compound, mixture, or preparation which contains
any quantity of the following substances, their salts, isomers (whether optical, positional or
geometric) homologues, salt of isomers and homologues, whenever the existence of these salts,
isomers, homologues, salts of isomers and homologues is possible within the specific chemical
designation:
a)
2-(3-hydroxycyclohexyl)-5-(2methyloctan-2-yl)phenol (also known as CP47,497 and its
C6, C7, C8 and its C9 homologues).
b)
9-(hydroxymetyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo
[c]chromen-1-ol (also known as 1, 1-dimethylheptyl-1 1-hydroxy-delta-8-tetrahydrocannibinol
or HU-210).
c)
Naphthalen-1-yl-(1-pentylindol-3-yl)methanone (also known as 1-Pentyl-3-(1naphthoyl)indole or JWH-018).
d)
Naphtalen-1-yl-(1-butylindol-3-yl)methadnone (also known as 1-Butyl-3-(1naphthoyl)indole or JWH-073).
"Tobacco accessories" shall mean cigarette papers, pipes, holders of smoking materials of all
types, cigarette rolling machines, and other items designated primarily for the smoking or
ingestion of tobacco products or of illegal substances or of substances where sale, gift, barter or
exchange is made unlawful pursuant to law.
"Underage person" means any individual under twenty-one (21) years of age.
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
"Under the influence" means when as a result of drinking any amount of alcohol, a person's
mental or physical faculties are so impaired as to reduce the ability to think and act with ordinary
care.
"Unsupervised" means a lack of visual or oral oversight coupled with a lack of sufficient
proximity to obtain immediate control over the item or person.
"Video game" means an object or device that stores recorded data or instructions, receives data
or instructions generated by a person who uses it, and, by processing the data or instructions,
creates an interactive game capable of being played, viewed, or experienced on or through a
computer, gaming system, console, or other technology.
"Violent video game" means any video game which includes depictions of or simulations of
human-on-human violence in which the player kills or otherwise causes serious physical harm to
another human. "Serious physical harm" includes depictions of death, dismemberment,
amputation, decapitation, maiming, disfigurement, mutilation of body parts, or rape.
"Willful" means proceeding from a conscious and voluntary decision, or with a specific
intention.
(Ord. No. 11-17, § 1, 3-15-2011)
9.02.030 - Aiding and abetting.
Any person who aids, abets, assists, advises or encourages the commission of any act prohibited
by this Code or by any ordinance, or by any indirect means procures any such offense to be
committed or who commits an offense through the intervention of an agent, servant, employee or
person under his control shall be deemed guilty to the same extent and may be proceeded against
in the same manner as though the offense had been committed by him directly and with his own
hand. Any such agent, servant or other person, doing any prohibited act for and on behalf of
another shall be deemed guilty of such act equally with his employer or principal and be subject
to the same penalty.
(Ord. No. 11-17, § 1, 3-15-2011)
9.02.040 - Attempt.
A.
A person commits an attempt when, with intent to commit a specific offense, he does any
act which constitutes a substantial step toward the commission of that offense.
B.
It shall not be a defense to a charge of attempt that because of a misapprehension of the
circumstances it would have been impossible for the accused to commit the offense attempted.
C.
No person shall attempt to commit an offense in the city.
160
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
D.
A person convicted of an attempt shall be punished by a fine not to exceed the maximum
provided for the offense attempted.
(Ord. No. 11-17, § 1, 3-15-2011)
161
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contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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201, Santa Fe, NM 87501.
Centralia, IL
Chapter 12. Miscellaneous Offenses.
Sec. 12-14. - Sale, possession or use of synthetic cannabis and other synthetic alternative drugs.
(a) Definitions. For purposes of this section, the following definitions shall apply unless the
context clearly indicates or requires different meaning:
(1) A product containing a synthetic alternative drug means any product containing a synthetic
cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein such as,
but not limited to, the examples of brand names or identifiers listed in subsections (2), (3) and
(4).
(2) Synthetic cannabinoid means any laboratory-created compound that functions similar to the
active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any
quantity of a natural or synthetic material, compound, mixture, preparation, substance and their
analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid
receptor agonist, such as:
• JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole)
• JWH-015 ((2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone)
• JWH-018 (1-pentyl-3-(1-naphthoyl)indole)
• JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole)
• JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone)
• JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)
• JWH-098 (4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone)
• JWH-122 (1-pentyl-3-(4-methyl-1-naphthoyl)indole)
• JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
• JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone)
• JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone
• JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone
• JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole)
• JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole)
• JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole)
• HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo [c]chromen-1-ol)
• HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo [c]chromen-1-ol)
• HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4bicyclo[3.1.1]hept-3-enyl] methanol)
• HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5pentyl-2,5-cyclohexadiene-1,4-dione)
162
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
• CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]- 5-(2-methyloctan2-yl)phenol)
• CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2-yl)phenol) and its
homologues
• WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de)1,4-benzoxazin-6-yl]-1-nepthalenylmethanone)
• RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone)
• RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone)
Street names for synthetic cannabinoids may include, but are not limited to, the following:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
K2 Ultra Incense
K2 Thai Dream
K2 Summit
K2 Blonde
K2 Solid Sex
K2 Sky
K2 Huckleberry
K2 Citron
K2 Pink
K2 Pineapple
K2 Standard
K2 Ultra
Spice
Kronic Skunk Blend
Wickedspice
Formula 420
Quick Fix Plus
Cloud Nine Incense
Smoke Buddy
Triad Blue Label 1
Purple Haze Max
Flying Buddha Nirvana
Flying Buddha Rubia
Flying Buddha Royal
Flying Buddha Zen
Flying Buddha Rose
Flying Buddha Aqua
Flying Buddha Golden
Black Mamba Strawberry
Black Mamba Tangerine
Black Mamba Vanilla
163
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(3) Synthetic stimulant means any compound that mimics the effects of any federally controlled
Schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not
limited to, any quantity of a natural or synthetic material, compound, mixture, preparation,
substance and their analog (including salts, isomers, and salts of isomers) containing substances
which have a stimulant effect on the central nervous system, such as:
• 3-Fluoromethcathinone
• 4-Fluoromethcathinone (other name: flephedrone)
• 3,4-Methylenedioxymethcathinone (other name: methylone, MDMC)
• 3,4-Methylenedioxypyrovalerone (other name: MDPV)
• 4-Methylmethcathinon (other names: mephedrone, 4-MMC)
• 4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC)
• 4-Ethylmethcathinone (other name: 4-EMC)
• Ethcathinone
• Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MBDB)
• Napthylpyrovalerone (other names: naphyrone, NRG-1)
• N,N-dimethylcathinone (other name: metamfepramone)
• Alpha-pyrrolidinopropiophenone (other name: alpha-PPP)
• 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
• 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP)
• Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
• 6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxal-6-amine) (other name: MDAI)
• Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone by
modification or substitution in any of the following ways:
• In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl ring by one (1) or more other
univalent substituents;
• At the three-position with an alkyl substituent;
• At the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups;
• Or by inclusion of the nitrogen atom in a cyclic structure.
Street names for synthetic stimulants may include, but are not limited to, the following:
•
•
•
•
•
•
•
•
•
•
Bliss
Blue Silk
Cloud Nine
Drone
Energy-1
Ivory Wave
Lunar Wave
Meow Meow
Ocean Burst
Pure Ivory
164
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
•
•
•
•
•
•
•
•
Purple Wave
Red Dove
Snow Leopard
Stardust
Vanilla Sky
White Dove
White Knight
White Lightening
(4) Synthetic psychedelic/hallucinogen means any compound that mimics the effects of any
federally controlled Schedule I substance, including but not limited to, any quantity of a natural
or synthetic material, compound, mixture, preparation, substance and their analog (including
salts, isomers, esters, ethers and salts of isomers) containing substances which have a
psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
•
•
•
•
•
•
•
•
•
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
2-(4-(Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
Street names for synthetic psychedelic/hallucinogens may include, but are not limited to, the
following:
•
•
•
Maria Pastoria
Sally-D
Salvia
(b) Sale or delivery. It shall be unlawful for any person to sell, offer for sale or deliver any
product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
(c) Possession. It shall be unlawful for any person to knowingly possess a product containing a
synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
(d) Use. It shall be unlawful for any person to be under the influence of a synthetic cannabinoid,
stimulant or psychedelic/hallucinogen.
(e) Penalties. The first time within a twelve-month period any person is found to be in violation
of this section shall receive a written notice of violation and a minimum fine of two hundred fifty
165
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201, Santa Fe, NM 87501.
dollars ($250.00). Subsequent violations within a twelve-month period shall be punished by a
minimum fine of seven hundred fifty dollars ($750.00) and the revocation of a tobacco and/or
liquor license, if any, for a minimum of one (1) business day. Each violation of this section, or
everyday a violation continues to exist, shall constitute a new and separate violation.
(Ord. No. O12-03, § 1, 1-23-12)
166
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Chicago, IL
ORDINANCE
WHEREAS, the City of Chicago is a home rule unit government pursuant to the 1970
Illinois Constitution, Article VII, Section 6(a); and
WHEREAS, pursuant to its home rule power, the City of Chicago may exercise any
power and perform any function relating to its government and affairs including the power to
regulate for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the Corporate Authorities of the City of Chicago have encountered
businesses selling products containing synthetic alternatives to the active ingredient of
marijuana, or tetrahydrocannabinol (THC); and
WHEREAS, several of these synthetic cannabinoids are not yet categorized as illegal
controlled substances under State or Federal law; and
WHEREAS, products containing these synthetic cannabinoids are particularly enticing to
children and young adults due to their availability at neighborhood stores and their marketing as
being legal; and
WHEREAS, the Drug Enforcement Administration (DEA) has determined that the
consumption of synthetic cannabinoids can cause adverse health effects such as agitation,
anxiety, nausea, vomiting, tachycardia, elevated blood pressure, tremors, seizures, hallucinations,
paranoid behavior and non-responsiveness; and
WHEREAS, the American Association of Poison Control Centers has reported 2,700
synthetic cannabinoid related calls to poison control centers in 49 different states; and
WHEREAS, in 2010, the Illinois Poison Control Center received 70 synthetic
cannabinoid related calls and has fielded 53 similar calls during the first quarter of 2011; and
WHEREAS, the City Council of the City of Chicago hereby finds that it is in the best
interest of the public health, safety and welfare to prohibit the sale of synthetic cannabinoids in
the City;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CHICAGO:
SECTION 1. The above recitals are expressly incorporated herein and made part hereof as
though fully set forth herein.
167
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201, Santa Fe, NM 87501.
SECTION 2. Chapter 4-4 of the Municipal Code of Chicago is hereby amended by inserting a
new Section 4-4-333, as follows:
4-4-333 Synthetic marijuana.
(a) As used in this Section, "synthetic marijuana" means any product, whether described as
tobacco, potpourri, herbs, incense, spice, aromatic, or any combination thereof, and whether
marketed for the purpose of being smoked or otherwise marketed, which includes one or more of
the following hallucinogenic substances:
(1) l-Pentyl-3-(l-naphthoyI) indole; some trade or other names: JWH-018; or
(2) 1 -Butyl-3-(l -naphthoyl) indole; some trade or other names: JWH-073; or
(3) l-[2-(4-morpholinyI) ethyl]-3-(I-naphthoyl) indole; some trade or other names: JWH-200; or
(4) 5-( 1,1 - dimethylheptyl)-2-[( 1 R,3S)-3-hydroxycyclohexyl]-phenol; some trade or other
names: CP-47,497; or
(5) 5-(l, l-dimethyloctyl)-2-[(lR, 3S)-3-hydroxycyclohexyl]-phenol; some trade or other names:
cannabicyclohexanol; CP-47,497 C8 homologue; or
(6) any other non-prescription substance that has a chemical structure and/or pharmacological
effect substantially similar to the active ingredient of marijuana, or tetrahydrocannabinol (THC).
(b) No licensee under this Code shall sell, offer for sale, give away, barter, exchange or
otherwise furnish any synthetic marijuana in the City of Chicago.
(c) Except as otherwise provided in this Chapter, any person who violates any of the
requirements of this Section or any regulation promulgated thereunder shall be fined not less
than $500.00 nor more than $1000.00 for each offense. Each day that a violation continues shall
constitute a separate and distinct offense to which a separate fine shall apply.
(d) Any violation of this Section or any regulation promulgated thereunder may result in license
suspension or revocation in accordance with the requirements of Section 4-4-280 of this Code.
SECTION 3. This ordinance shall be in full force and effect upon passage and publication.
168
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201, Santa Fe, NM 87501.
Collinsville, IL
Title 9. Public Peace, Morals, and Welfare.
Chapter 9.48 – Bath Salts.
Sec. 9.48.010. - Purposes.
Sec. 9.48.020. - Definitions.
Sec. 9.48.030. - Prohibition.
Sec. 9.48.040. - Enforcement.
Sec. 9.48.050. - Penalty.
Sec. 9.48.010. - Purposes.
This chapter is enacted to protect, preserve and promote the health, safety and welfare of the
citizens of the City by prohibiting the possession, distribution or delivery of any substance
containing MDPV as hereinafter defined, it being the specific finding of the City that such
substances have a dangerous effect upon anyone using said substances and have no medicinal or
beneficial purposes.
(Ord. No. 4426, § 1, 6-13-2011)
Sec. 9.48.020. - Definitions.
When used in this chapter, the following words have the meanings as hereinafter provided:
Deliver means the actual, constructive, or attempted transfer from one (1) person to another of
MDPV, whether or not there is an agency relationship, and includes a sale.
Distribute means to deliver other than by administering or dispensing MDPV.
MDPV means and includes any material, compound, mixture or preparation containing any
quantity of the following substances having a stimulant effect on the central nervous system,
including their salts, Isomers and salts of Isomers of 3.4 Methylenedioxyprovalerone, Methylone, Mephedrone, 4-methoxymethcathinone, 4-Fluormethcathinine, and 3-Fluoromethcathinone.
Possess means with the knowledge of the presence and nature of a substance, either actually or
constructively in control of a substance. A person has actual possession if he has the substance
on his person or within easy reach and convenient control. A person who, although not in actual
possession, has the power and intention at a given time to exercise dominion or control over the
substance either directly or through another person or persons is in constructive possession of it.
(Ord. No. 4426, § 1, 6-13-2011)
169
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 9.48.030. - Prohibition.
It shall be unlawful for any person to possess, distribute or deliver any substance containing
MDPV as defined in this chapter.
(Ord. No. 4426, § 1, 6-13-2011)
Sec. 9.48.040. - Enforcement.
Enforcement of this chapter shall be pursuant to any available and applicable provisions of the
City's Municipal Code, and without any one (1) remedy serving to exclude or waive any other
remedy provided for in the City's Zoning or Municipal Codes.
(Ord. No. 4426, § 1, 6-13-2011)
Sec. 9.48.050. - Penalty.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this chapter shall be fined no less
than seven hundred fifty dollars ($750.00) for each violation of this chapter. Each day that a
violation is permitted to exist shall constitute a separate offense.
(Ord. No. 4426, § 1, 6-13-2011)
170
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contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
East Peoria, IL
Title 10. Police Regulations.
Chapter 1. Misdemeanor Code.
10-1-4.17. Possession, sale and delivery of cannabis, look-alike substances, synthetic alternative
drugs and drug paraphernalia prohibited.
(a) Definitions:
Cannabis. Includes marijuana, hashish and other substances which are identified as including
any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin
extracted from any part of such plant; and any compound, manufacture, salt, derivatives, mixture
or preparation of such plant, its seeds or resin, including tetrahydrocannabinol (THC) and all
other cannabinol derivatives, including its naturally occurring or synthetically produced
ingredients, whether produced directly or indirectly by extraction, or independently by means of
chemical synthesis or by a combination of extraction and chemical synthesis; but shall not
include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from
the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or
preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the
sterilized seed of such plant which is incapable of germination.
Controlled substance. Includes any controlled substance or controlled substance analog as
defined in Section 102 of the Illinois Controlled Substances Act (720 ILCS 570/102), as
amended from time to time.
Deliver or delivery. The actual, constructive or attempted transfer of possession, with or without
consideration, whether or not there is an agency relationship.
Drug paraphernalia. Includes all equipment, products and materials of any kind, other than
methamphetamine manufacturing materials as defined in Section 10 of the "Methamphetamine
Control and Community Protection Act" (720 ILCS 646/10), which are: (i) possessed or intended
for use; (ii) being or have been used; or (iii) peculiar to and marketed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling or otherwise introducing into the human body lookalike substances, synthetic alternative drugs, cannabis or a controlled substance in violation of
this ordinance, the "Cannabis Control Act" (720 ILCS 550/1 et seq.), the "Illinois Controlled
Substances Act" (720 ILCS 570/100 et seq.), or the "Methamphetamine Control and Community
Protection Act" (720 ILCS 646/1 et seq.). This includes, but is not limited to the following:
(1) Kits that are: (i) possessed or intended for use; (ii) being used or have been used; or (iii)
peculiar to and marketed for use, in manufacturing, compounding, converting, producing,
171
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processing or preparing cannabis, controlled substances, look-alike substances, or synthetic
alternative drugs;
(2) Isomerization devices that are: (i) possessed or intended for use; (ii) being used or have been
used; or (iii) peculiar to and marketed for use, to increase the potency of any species of plant
which is cannabis or a controlled substance, look-alike substances, or synthetic alternative drugs;
(3) Testing equipment that is: (i) possessed or intended for use; (ii) being or has been used; or
(iii) peculiar to and marketed, for private home use in identifying or in analyzing the strength,
effectiveness or purity of cannabis or controlled substances, look-alike substances, or synthetic
alternative drugs;
(4) Diluents and adulterants that are: (i) possessed or intended for use; (ii) being used or have
been used; or (iii) peculiar to and marketed, for cutting cannabis or a controlled substance, lookalike substances, or synthetic alternative drugs by private persons;
(5) Objects that are: (i) possessed or intended for use; (ii) being used or have been used; or (iii)
peculiar to and marketed for use, in injecting, ingesting, inhaling, or otherwise introducing lookalike substances, cannabis, cocaine, hashish, hashish oil, or any controlled substance, look-alike
substance, or synthetic alternative drug into the human body including, where applicable, the
following items:
a. Water pipes;
b. Carburetion tubes and devices;
c. Smoking and carburetion masks;
d. Miniature cocaine spoons and cocaine vials;
e. Carburetor pipes;
f. Electric pipes;
g. Air-driven pipes;
h. Chillums;
i. Bongs;
j. Ice pipes or chillers.
(6) Any items whose purpose, as announced or described by the seller, is for use in violation of
this section or the "Drug Paraphernalia Control Act" (720 ILCS 600/1 et seq.).
Look-alike substances. A substance which:
(1) By overall dosage unit appearance, including shape, color, size, markings or lack thereof,
taste, consistency or any other identifying physical characteristic of the substance would lead a
reasonable person to believe that the substance is cannabis, a controlled substance, or a synthetic
alternative drug; or
172
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(2) Is expressly or impliedly represented to be cannabis, a controlled substance, or a synthetic
alternative drug, or distributed under circumstances which would lead a reasonable person to
believe that the substance is cannabis, a controlled substance, or a synthetic alternative drug. For
the purpose of determining whether the representations made or the circumstances of the
distribution would lead a reasonable person to believe the substance to be cannabis or a
controlled substance under this paragraph (2), the court or other authority may consider the
following factors in addition to any other factor that may be relevant:
a. Statements made by the owner or person in control of the substance concerning its nature, use
or effect;
b. Statements made to the buyer or recipient that the substance may be resold for profit;
c. Whether the substance is packaged in the manner normally used for the illegal distribution of
controlled substances;
d. Whether the distribution or attempted distribution included an exchange of, or demand for
money or other property as consideration and whether the amount of the consideration was
substantially greater than the reasonable retail market value of the substance.
Synthetic alternative drug. A product or substance that contains a synthetic cannabinoid,
anesthetic, stimulant, or hallucinogen as those terms are defined herein, including, but not
limited to products having the brand name or identifiers like or similar to those listed in Table
10-1-4.17-A, below:
(1) Synthetic cannabinoid means any laboratory created or otherwise manmade compound that
functions similar to or mimics the effect of the active ingredient in marijuana,
tetrahydrocannabinol (THC), including, but not limited to, any quantity of a natural or synthetic
material, compound, mixture, preparation, substance and their analog (including isomers, esters,
ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist.
(2) Synthetic stimulant means any laboratory-created or otherwise manmade substance that
functions similar to or mimics the effects of any federally controlled Schedule I substance such
as cathinone, methcathinone, MDMA and MDMA, including, but not limited to, any such
quantity of a natural or synthetic material, compound, mixture, preparation, substance and their
analog (including isomers, esters, ethers, salts, and salts of isomers) which have a stimulant
effect on the central nervous and/or cardiovascular system.
(3) Synthetic hallucinogen any laboratory-created or otherwise manmade substance that
functions similar to or mimics the effects of any federally controlled Schedule I substance that
has a psychedelic/hallucinogenic effect on the central nervous system and/or brain, or any other
substance having such an effect, including, but not limited to, any such quantity of a natural or
synthetic material, compound, mixture, preparation, substance and their analog (including
isomers, esters, ethers, salts, and salts of isomers).
173
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201, Santa Fe, NM 87501.
(b) Unlawful to possess, sell or deliver. It shall be unlawful for any person to possess, keep for
sale, offer for sale, sell, or deliver for any commercial consideration cannabis, a controlled
substance, a look-alike substance, a synthetic alternative drug, or drug paraphernalia.
(c) Sale or delivery by store declared a nuisance. It shall be unlawful and it is hereby declared to
be a nuisance for any store, place or premises to keep for sale, offer for sale, sell, or deliver for
any commercial consideration any look-alike substance, synthetic alternative drug, or item of
drug paraphernalia.
(d) Violations:
(1) Cannabis. Any person convicted of possessing, keeping for sale, offering for sale, selling or
delivering for commercial consideration less than two and five-tenths (2.5) grams of cannabis
shall be punishable by a fine of not less than three hundred fifty dollars ($350.00), nor more than
seven hundred fifty dollars ($750.00). Any person convicted of possessing, keeping for sale,
offering for sale, selling or delivering for commercial consideration at least two and five-tenths
(2.5) grams but less than ten (10) grams of cannabis shall be punishable by a fine of not less than
four hundred dollars ($400.00), nor more than seven hundred fifty dollars ($750.00). Any person
convicted of possessing, keeping for sale, offering for sale, selling or delivering for commercial
consideration at least ten (10) grams but less than thirty (30) grams of cannabis shall be
punishable by a fine of not less than five hundred dollars ($500.00), nor more than seven
hundred fifty dollars ($750.00). Any person convicted of possessing, keeping for sale, offering
for sale, selling or delivering for commercial consideration thirty (30) grams or more of cannabis
shall be punishable by a fine of seven hundred fifty dollars ($750.00).
(2) Drug paraphernalia. Any person convicted of possessing, keeping for sale, offering for sale,
selling or delivering for commercial consideration drug paraphernalia shall be punished by a fine
of not less than three hundred fifty dollars ($350.00), nor more than seven hundred fifty dollars
($750.00). Any person convicted of a second or subsequent time for possessing, keeping for sale,
offering for sale, selling or delivering for commercial consideration drug paraphernalia shall be
punished by a fine of not less than five hundred dollars ($500.00), nor more than seven hundred
fifty dollars ($750.00).
(3) Look-alike substances. Any person convicted of possessing, keeping for sale, offering for
sale, selling or delivering for commercial consideration look-alike substances shall be punished
by a fine of not less than three hundred fifty dollars ($350.00), nor more than seven hundred fifty
dollars ($750.00). Any person convicted a second or subsequent time for possessing, keeping for
sale, offering for sale, selling or delivering for commercial consideration look-alike substances
shall be punished by a fine not less than five hundred dollars ($500.00), nor more than seven
hundred fifty dollars ($750.00).
(4) Synthetic alternative drugs. Any person convicted of commercial consideration synthetic
alternative drugs shall be punished by a fine of not less than three hundred fifty dollars
174
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
($350.00), nor more than seven hundred fifty dollars ($750.00). Any person convicted a second
or subsequent time for possessing, keeping for sale, offering for sale, selling or delivering for
commercial consideration synthetic alternative drugs shall be punished by a fine not less than
five hundred dollars ($500.00), nor more than seven hundred fifty dollars ($750.00).
(e) Exemption. A person charged with violation of this section may assert the following
exemptions as an affirmative defense:
(1) This section does not apply to a person who is legally authorized to possess hypodermic
syringes or needles under the "Hypodermic Syringes and Needles Act".
(2) This section does not apply to a person or entity who is authorized to possess, keep for sale,
offer for sale, sell, or deliver for any commercial consideration cannabis, a controlled substance,
a look-alike substance, synthetic alternative drug, or drug paraphernalia pursuant to the "Illinois
Controlled Substances Act" (720 ILCS 570/101 et seq.) or another provision of Illinois Statute.
TABLE 10-1-4.17-A
2010
Forest Humus
K2 Pink Panties
8-Bali
Freedom
K2 Sex
Aztec Gold
Fully Loaded
K2 Silver
Aztec Midnight Wind
Tezcatlipoca
Funky Monkey
K2 Solid Sex on the
Mountain
Back Draft
Funky Monkey XXXX
K2 Standard
Bad 2 the Bone
G Four
K2 Strawberry
Banana Cream Nuke
G Greenies Caramel Crunch
K2 Summit
Bayou Blaster
Genie
K2 Summit Coffee Wonk
Black Diamond
Gold Spirit Spice
K2 Thai Dream
Black Magic Salvia
Green Monkey Chronic Salvia K2 Ultra
Black Mamba
Greenies Strawberry
K2 Watermelon
Blueberry Hayze
Heaven Improved
K3
Bombay Blue
Heavenscent Suave
K3 Blueberry
Buzz
Humboldt Gold
K3 Cosmic Blend
C3
Jamaican Gold
K3 Dusk
C4 Herbal Incense
Jamaican Gold K Royal
K3 Grape
Caneff
K1 Gravity
K3 Heaven Improved
175
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Cherry Bomb
K1 Orbit
K3 Heaven Legal
Chill Out
K2
K3 Kryptonite
Chill X
K2 (unknown variety)
K3 Legal
Chronic Spice
K2 Amazonian Shelter
K3 Legal-Earth (silver)
Citrus
K2 Blonde
K3 Legal-Original (Black)
Colorado Chronic
K2 Blue
K3 Legal-Sea (silver)
DaBlock
K2 Blueberry
K3 Legal-Sun (Black)
Dark Night II
K2 Citron
K3 Mango
Demon
K2 Cloud 9
K3 Original
Diamond Spirit
K2 Kryptonite
K3 Original Improved
Dragon Spice
K2 Latte
K3 Strawberry
D-Rail
K2 Mellon
K3 Sun
Dream
K2 Mint
K3 Sun Improved
Earthquake
K2 Orisha Black Magic Max
K3 Sun Legal
Eruption Spice
K2 Orisha Max
K3 XXX
Euphoria
K2 Orisha Regular
K4 Bubble Bubble
EX-SES
K2 Orisha Super
K4 Gold
EX-SES Platinum
K2 Orisha White Magic Super K4 Purple Haze
EX-SES Platinum Blueberry
K2 Peach
K4 Silver
EX-SES Platinum Cherry
K2 Pina Colada
K4 Summit
EX-SES Platinum Strawberry
K2 Pineapple
K4 Summit Remix
EX-SES Platinum Vanilla
K2 Pineapple Express
Kind Spice
Fire Bird Ultimate Strength
Cinnamon
K2 Pink
Legal Eagle
Potpourri Gold
Stinger
Legal Eagle Apple Pie
Pulse
Summer Skyy
Love Potion 69
Rasta Citrus Spice
Super Kush
Love Strawberry
Rebel Spice
Super Summit
Magic Dragon Platinum
Red Bird
Swagger Grape
Magic Gold
Sl. S Werve
SYN Chill
Magic Silver
Samurai Spirit
SYN Incense LemonLime
176
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Magic Spice
Sativah
SYN Incense Smooth
Mega Bomb
Scope Vanilla
SYN Incense Spearmint
Mid-Atlantic Exemplar
Scope Wildbeny
SYN Lemon Lime
Mid-Atlantic Exemplar (K2
Summit)
Sence
SYN Lemon Lime #2
Midnight Chill
Shanti Spice
SYN Smooth
MNGB Almond/Vanilla
Shanti Spice Blueberry
SYN Spearmint
MNGB Peppermint
Silent Black
SYN Spearmint #2
MNGB Pinata Colada
Skunk
SYN Suave
MNGB Spearmint
Smoke
SYN Swagg
MNGB Tropical Thunder
Smoke Plus
SYN Vanilla
Moe Joe Fire
Space
SYN Vanilla #2
Mojo
Spice Artic Synergy
Texas Gold
Mr. Smiley's
Spice Diamond
Time Warp
MTh-787
Spice Gold
Tribal Warrior
Mystery
Spice Silver
Ultra Cloud 10
Naughty Nights
Spice Tropical Synergy
Unknown cigarette
New Improved K3
Spicey Regular XXX
Blueberry
Utopia
New Improved K3 Cosmic
Blend
Spicey Regular XXX
Strawberry
Utopia-Blue Berry
New Improved K3 Dynamite
Spicey Ultra Strong XXX
Strawberry
Voo Doo Remix (black
package)
New Improved K3 Kryptonite
Spicey Ultra Strong XXX
Vanilla
Voo Doo Remix (orange
package)
New K3 Earth
Spicey XXX
Voodoo Child
New K3 Heaven
Spicy Ultra Strong XXX
Vanilla
Voodoo Magic
New K3 Improved
Spicylicious
Voodoo Remix
New K3 Sea Improved
Spike 99
Who Dat
New - on Bomb Nitro
Spike 99 Ultra
Who Dat Herbal Incense
Ocean Blue
Spike 99 Ultra Blueberry
Wicked X
POW
Spike 99 Ultra Cherry
Winter Boost Wood Stock
177
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201, Santa Fe, NM 87501.
p.e.p. pourri Love Strawberry
Spike 99 Ultra Strawberry
XTREME Spice
p.e.p. pourri Original Spearmint Spike Diamond
Yucatan Fire
p.e.p. pourri Twisted Vanilla
Spike Gold
Yucatan Fire
p.e.p. pourri X Blueberry
Spike M x
Zombie World
Paradise
Spike Silver
Stinger
Pink Tiger
Spike99
Summer Skyy
Potpourri
Super Kush
(Ord. No. 3272, § 2, 3-6-01; Ord. No. 3292, § 74, 7-3-01; Ord. No. 3372, § 1, 6-18-02; Ord. No.
3670, § 1, 3-21-06; Ord. No. 4051, § 1, 7-17-12)
178
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Edwardsville, IL
Article VIII. Prohibiting the Use, Possession, Distribution, or Delivery of Products Containing
3,4-methylenedioxyprovalerone (MDPV), Methylone, Mephedrone, 4-Methoxymethcathinone,
4-Fluoromethcathinone, and 3-Fluoromethcathinone (“Bath Salts”)
Sec. 74-231. Purposes.
Sec. 74-232. Definitions.
Sec. 74-233. General prohibition.
Sec. 74-234. Penalty.
Sec. 74-231. - Purposes.
This article is enacted to protect, preserve and promote the health, safety and welfare of the
citizens of the City of Edwardsville by prohibiting the use, possession, distribution or delivery of
any substance containing MDPV as hereinafter defined, it being the specific finding of the City
of Edwardsville that such substances have a dangerous effect upon anyone using and/or ingesting
said substances and said substances have no medicinal or beneficial purposes.
(Ord. No. 5845-7-11, § 3(74-8-1), 7-5-2011)
Sec. 74-232. - Definitions.
When used in this article the following words have the meanings as hereinafter provided:
Deliver. The actual, constructive, or attempted transfer from one person to another of MDPV,
whether or not there is an agency relationship, and includes a sale.
Distribute. To deliver other than by administering or dispensing MDPV.
MDPV. Includes any material, compound, mixture or preparation containing any quantity of the
following substances having a stimulant effect on the central nervous system, including their
salts, isomers, and salts of isomers of 3.4 Methylenedioxprovalerone, Methylone, Mephedrone,
4-methoxymethcathinone, 4-Fluoromethcathinone, and 3-Fluoromethcathinone.
Possess. Means with knowledge of the presence and nature of a substance, either actually or
constructively in control of the substance. A person has actual possession if he has the substance
on his person or within easy reach and convenient control. A person who, although not in actual
possession, has the power and intention at a given time to exercise dominion or control over the
substance either directly or through another person or persons is in constructive possession of it.
Use. The partaking, inhaling, smoking, consumption, ingestion or injection of MDPV.
(Ord. No. 5845-7-11, § 3(74-8-2), 7-5-2011)
179
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Sec. 74-233. - General prohibition.
It shall be unlawful for any person to use, possess, distribute or deliver any substance containing
MDPV as defined in this chapter.
(Ord. No. 5845-7-11, § 3(74-8-3), 7-5-2011)
Sec. 74-234. - Penalty.
Any person or entity violating this article shall be issued a citation and shall be subject to a fine
of $750.00 plus court costs and reasonable attorneys' fees expended by the City of Edwardsville
to enforce this provision. Each day's violation constitutes a separate offense.
(Ord. No. 5845-7-11, § 3(74-8-4), 7-5-2011)
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Geneva, IL
Title 6. Police Regulations
Chapter 2. Miscellaneous Offenses.
6-2-11: SYNTHETIC ALTERNATIVE DRUGS
(Ord. No. 2012-04, § 2, 1-17-2012)
6-2-11-1: DEFINITIONS:
For purposes of this chapter, the following definitions shall apply unless the context clearly
indicates or requires different meaning:
PRODUCT
CONTAINING A
SYNTHETIC
ALTERNATIVE
DRUG:
Any product containing a synthetic cannabinoid, stimulant or
psychedelic/hallucinogen, as those terms are defined herein such as, but
not limited to, the examples of brand names or identifiers listed on
Exhibit "A" attached hereto and incorporated herein.
SYNTHETIC
CANNABINOID:
Any laboratory-created compound that functions similar to the active
ingredient in marijuana, tetrahydrocannabinol (THC), including, but
not limited to, any quantity of a natural or synthetic material,
compound, mixture, preparation, substance and their analog (including
isomers, esters, ethers, salts, and salts of isomers) containing a
cannabinoid receptor agonist, such as:
• JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole)
• JWH-015 ((2-Methyl-1-propyl-1H-indol-3-yl)-1naphthalenylmethanone)
• JWH-018 (1-pentyl-3-(1-naphthoyl)indole)
• JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole)
• JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone)
• JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)
• JWH-098 (4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3yl)methanone)
• JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole)
• JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
• JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1ylmethanone)
181
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
• JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone
• JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone
• JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole)
• JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole)
• JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole)
• HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol)
• HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol)
• HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol)
• HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene-1,4-dione)
• CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl)
cyclohexyl]- 5-(2-methyloctan-2-yl)phenol)
• CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2yl)phenol) and its homologues
• WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4morpholinylmethyl)pyrrolo [1,2,3-de)-1,4-benzoxazin-6-yl]-1nepthalenylmethanone)
• RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone)
• RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2methoxyphenyl)ethanone)
SYNTHETIC
PSYCHEDELIC/
HALLUCINOGEN:
Any compound that mimics the effects of any federally controlled
Schedule I substance, including but not limited to, any quantity of a
natural or synthetic material, compound, mixture, preparation,
substance and their analog (including salts, isomers, esters, ethers and
salts of isomers) containing substances which have a
psychedelic/hallucinogenic effect on the central nervous system and/or
brain, such as:
• 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
• 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
• 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
• 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
182
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201, Santa Fe, NM 87501.
• 2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
• 2-(4-(Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
• 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
• 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
• 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
SYNTHETIC
STIMULANT:
Any compound that mimics the effects of any federally controlled
Schedule I substance such as cathinone, methcathinone, MDMA and
MDEA, including, but not limited to, any quantity of a natural or
synthetic material, compound, mixture, preparation, substance and their
analog (including salts, isomers, and salts of isomers) containing
substances which have a stimulant effect on the central nervous system,
such as:
• 3-Fluoromethcathinone
• 4-Fluoromethcathinone (other name: flephedrone)
• 3,4-Methylenedioxymethcathinone (other name: methylone, MDMC)
• 3,4-Methylenedioxypyrovalerone (other name: MDPV)
• 4-Methylmethcathinon (other names: mephedrone, 4-MMC)
• 4-Methoxymethcathinone (other names: methedrone, bk-PMMA,
PMMC)
• 4-Ethylmethcathinone (other name: 4-EMC)
• Ethcathinone
• Beta-keto-N-methylbenzodioxyolylpropylamine (other names:
butylone, bk-MBDB)
• Napthylpyrovalerone (other names: naphyrone, NRG-1)
• N,N-dimethylcathinone (other name: metamfepramone)
• Alpha-pyrrolidinopropiophenone (other name: alpha-PPP)
• 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
• 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name:
MDPPP)
• Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
• 6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxal-6-amine) (other name:
MDAI)
183
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• Any compound that is structurally derived from 2-amino-1-phenyl-1propanone by modification or substitution in any of the following
ways:
• In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy,
haloalkyl, or halide substituents, whether or not further substituted in
the phenyl ring by one or more other univalent substituents;
• At the 3-position with an alkyl substituent;
• At the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl
groups;
• Or by inclusion of the nitrogen atom in a cyclic structure. (Ord. No.
2012-04, § 2, 1-17-2012)
6-2-11-2: SALE OR DELIVERY:
It shall be unlawful for any person to sell, offer for sale or deliver any product containing a
synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
(Ord. No. 2012-04, § 2, 1-17-2012)
6-2-11-3: POSSESSION:
It shall be unlawful for any person to knowingly possess a product containing a synthetic
cannabinoid, stimulant or psychedelic/hallucinogen.
(Ord. No. 2012-04, § 2, 1-17-2012)
6-2-11-4: USE:
It shall be unlawful for any person to be under the influence of a synthetic cannabinoid, stimulant
or psychedelic/hallucinogen.
(Ord. No. 2012-04, § 2, 1-17-2012)
6-2-11-5: PENALTIES:
A. Any person found to be in violation of section 6-2-11-2 shall be subject to a fine of not less
than seven hundred fifty dollars ($750.00) and not more than one thousand dollars ($1,000.00)
for each violation thereof.
B. Any person found to be in violation of section 6-2-11-3 or section 6-2-11-4 shall be subject to
a fine of not less than five hundred dollars ($500.00) and not more than one thousand dollars
($1,000.00) for each violation thereof.
184
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201, Santa Fe, NM 87501.
C. Each violation of Ord. No. 2012-04, or every day a violation continues to exist, shall
constitute a new and separate violation.
(Ord. No. 2012-04, § 2, 1-17-2012)
185
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Harwood Heights, IL
Title 9. Public Peace and Safety.
Chapter 9.04. Offenses Against Public Peace and Safety.
9.04.025 - Synthetic marijuana.
A. Definitions. As used in this section, the following definitions apply:
1. "Synthetic marijuana" means any product, whether described as tobacco, potpourri, herbs,
incense, spice, aromatic or any combination thereof, and whether marketed for the purpose of
being smoked or otherwise marketed which includes one or more of the following hallucinogenic
substances, means:
a. 1-Pentyl-3-(1-naphthoyl) indole, some trade or other names: JWH-018;
b. 1_butyl-3-(1-naphthoyl) indole; some trade or other names: JWH-072;
c. 1-[2-(4-morpholiny) ethyl]-3-(1-napthoyl) indole; some trade or other names: JWH-200;
d. 5-91,1-dimethylheptyl)-2-[(1R,3S)-3-hydrocycyclohexyl]-phenol; some trade or other names:
CP-47, 4997;
e. 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; some trade or other names:
cannabicyclohexanol; CP-47, 497 C* homologue; or
f. Any other non-prescriptive substances that has a chemical structure and/or pharmacological
effect substantially similar to the active ingredient of marijuana, or tetrahydrocannabinol (THC).
2. No licensee under this Code hall sell, offer for sale, give away, barter, exchange or otherwise
furnish any synthetic marijuana in the Village of Harwood Heights.
3. Except as otherwise provided in this chapter, any person who violates any other requirements
of this section or any regulation promulgated thereunder shall be fined not less than five hundred
dollars ($500.00) nor more than one thousand dollars ($1,000.00) for each offense. Each day that
a violation continues shall constitute a separate and distinct offense to which a separate fine shall
apply.
4. Any violation of this section or any regulation promulgated thereunder may result in license
suspension or revocation in accordance with the Code.
(Ord. No. 12-02, § 3, 1-12-12)
186
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Joliet, IL
Chapter 21. Offenses – Miscellaneous.
Article III. Glue Sniffing and Synthetic Alternative Drugs.
Division 2. Synthetic Alternative Drugs.
Sec. 21-40. Definitions.
Sec. 21-41. Sale or delivery.
Sec. 21-42. Possession.
Sec. 21-43. Use.
Sec. 21-44. Brand names.
Sec. 21-40. - Definitions.
For purposes of this article, the following definitions shall apply unless the context clearly
indicates or requires different meaning:
(1)
A product containing a synthetic alternative drug means any product containing a
synthetic cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein
such as, but not limited to, the examples of brand names or identities listed in section 21-44 of
this article.
(2)
Synthetic cannabinoid means any laboratory-created compound that functions similar to
the active ingredient in marijuana, tetrahydrocannibinoil (THC), including, but not limited to,
any quantity of a natural or synthetic material, compound, mixture, preparation, substance and
their analog (including isomers, esters, ethers, salts, and salts of isomers) containing a
cannabinoid receptor against, such as:
•JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole)
•JWH-015 (2-Methyl-1-propyl-1H-indol-3-y1)-1-naphthalenylmethanone)
•JWH-018 (1-pentyl-3-(1-naphthoyl)indole)
•JWH-019 (1-hexyl-3-(naphthalene-1-0yl)indole)
•JWH-073 (naphthalene-1-yl-(1-butylindol-3-yl)methanone)
•JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)
•JWH-098 (4-methosynaphthalen-1-yl-(1pentyl-2-methylindol-3-yl)methanone)
•JWH-122 (1ppentyl-3-(4-methyl-1-naphthoyl)indole)
187
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
•JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
•JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-y1)-naphthalen-1-ylmethanone)
•JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-y1)ethanone
•JWH-210 (4-ethylnaphthalen-1-y1-(1-pentylindol-3-y1)methanone
•JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole)
•JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole)
•JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole)
•HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-y1)-6a,7,10,10atetrahydrobenzo [c]chromen-1-ol)
•HU-211 ((6aS,10aS)-0-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-y1)-6a,7,10,10atetrahydrobenzo [cromen-1-ol)
•HU-308([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-y1)phenyl]-7,7-dimethyl-4bicyclo[3.1.1]hept-3-enyl]methanol)
•HU-331 ((3-hydroxy-2-[(1R,6R)[3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-y1]-5-pentyl2,5-cyclohexadine-1,4-dione)
•CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2y1)phenol)
•CP 47,497 (2-[(1R,3S)[3[hydroxycyclohexyl]-5-(2-methyloctan-2-y1)phenol) and its
homologues
•WIN 55,212-2 (R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de)-1,4benzoxazin-6-y1]-1-napthalenylmethanone)
•RCS-4 ((4-methoxyphynyl)(1-pentyl-1H-indol-3-y1)methanone)
•RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-y1)-2-(2-methoxyphenyl)ethanone)
(3)
Synthetic stimulant means any compound that mimics the effects of any federally
controlled Schedule 1 substance such as cathinone, methcathinone, MDMA and MDEA,
including, but not limited to, any quantity of a natural or synthetic material, compound, mixture,
188
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201, Santa Fe, NM 87501.
preparation, substance and their analog (including salts, isomers, and salts of isomers) containing
substances which have a stimulant effect on the central nervous system, such as:
•3-Fluoromethcathinone
•4-Fluoromethcathinone (other name: flephedrone)
•3,4-Methylenedioxymethcathinone (other name: methylone, MDMC)
•3-4-Methylenedioxypyrovalerone (other name: MDPV)
•4-Methylmethcathinon (other names: mephedrone, 4-MMC)
•4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC)
•4-Ethylmethcathinone (other name: 4-EMC)
•Ethcathinone
•Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MDBD)
•Napthylpyrovalerone (other names: naphyrone, NRG-1)
•N,N-dimethylcathinone (other name: metamfepramone)
•Alpha-pyrrolidinopropiophenone (other name: alpha-PPP)
•4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
•3,4-mthylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP)
•Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
•6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxal-6-amine) (other name: MDAI)
•Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone by modification
or substitution in any of the following ways:
•In the phenyl right to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl right by one or more other univalent
substituents;
•At the 3-position with an alkyl substituent;
189
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•At the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups;
•Or by inclusion of the nitrogen atom in a cyclic structure.
(4)
Synthetic psychedelic/hallucinogen means any compound that mimics the effects of any
federally controlled Schedule I substance, including but not limited to, any quantity of a natural
or synthetic material, compound, mixture, preparation, substance and their analog (including
salts, isomers, esters, ethers and salts of isomers) containing substances which have a
psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
•2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine(2C-E);
•2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
•2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
•2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
•2-(4-Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
•2-(4(Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
•2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
•2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
•2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
(Ord. No. 16899, § 1, 12-5-11)
Sec. 21-41. - Sale or delivery.
It shall be unlawful for any person to sell, offer for sale or deliver any product containing a
synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
(Ord. No. 16899, § 1, 12-5-11)
Sec. 21-42. - Possession.
It shall be unlawful for any person to knowingly possess a product containing a synthetic
cannabinoid, stimulant or psychedelic/hallucinogen.
(Ord. No. 16899, § 1, 12-5-11)
190
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Sec. 21-43. - Use.
It shall be unlawful for any person to be under the influence of a synthetic cannabinoid, stimulant
or psychedelic/hallucinogen.
(Ord. No. 16899, § 1, 12-5-11)
Sec. 21-44. - Brand names.
The following products shall be deemed to be synthetic alternative drugs as defined in this
division. In a prosecution of an offense established by this division, evidence that the product in
question is labeled or branded with any of the names appearing below shall create a rebuttable
presumption that the product is a synthetic alternative drug as defined in this division. In order to
overcome this presumption, the defendant shall have the burden of establishing with competent
evidence that the product in question does not contain a synthetic cannabinoid, stimulant or
psychedelic/hallucinogen listed in section 21-40 of this division.
8-BALL
AZTEC GOLD
AZTEC MIDNIGHT WIND TEZCATLIPOCA
BACK DRAFT
BAD 2 THE BONE
BANANA CREAM NUKE
BAYOU BLASTER
BLACK DIAMOND
BLACK MAGIC SALVIA
BLACK MAMBA
BLUEBERRY HAYZE
BOMBAY BLUE
BUZZ
C3
C4
C4 HERBAL INCENSE
CANEFF
CHERRY BOMB
CHILL X
CHRONIC SPICE
CILL OUT
CITRUS
CLOUD 9
COLORADO CHRONIC
DA BLOCK
DARK NIGHT II
DEMON
191
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201, Santa Fe, NM 87501.
DIAMOND SPIRIT
DRAGON SPICE
D-RAIL
DREAM
EARTHQUAKE
ERUPTION SPICE
EUPHORIA
EXSES
EX-SES PATINUM
EX-SES PATINUM CHERRY
EX-SES PATUINUM BLUEBERRY
EX-SES PLATINUM STAWBERRY
EX-SES PLATINUM STRAWBERRY
EX-SES PLATINUM VANILLA
EXTREME SPICE
FIRE BIRD ULTIMATE STRENGTH CINNAMON
FORST HUMUS
FREEDOM
FULLY LOADED
FUNKY MONKEY XXXX
G FOUR
G GREENIES CARAMEL CRUNCH
GENIE
GOLD SPIRIT SPICE
GREEN MONKEY CRHONIC SALVIA
GREENIES STAWBERRY
HEAVEN IMPROVED
HEAVENSCENT SUAVE
HUMBOLDT GOLD
JAMAICAN GOLD
K ROYAL
K1 GRAVITY
K1 ORBIN
K2
K2 (UNKNOWN VARIETY)
K2 AMAZONIAN SHELTER
K2 BLONDE
K2 BLUE
K2 BLUEBERRY
K2 CITRON
K2 KRYPTONITE
K2 LATTE
K2 MELLON
192
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K2 MINT
K2 ORISHA BLACK MAGIC MAX
K2 ORISHA REGULAR
K2 ORISHA SUPER
K2 ORISHA WHITE MAGIC SUPER
K2 PEACH
K2 PINA COLADA
K2 PINEAPPLE
K2 PINEAPPLE EXPRESS
K2 PINK
K2 PINK PANTIES
K2 SEX
K2 SILVER
K2 SOLID SEX ON THE MOUNTAIN
K2 STANDARD
K2 STRAWBERRY
K2 SUMMIT
K2 SUMMIT COFFEE WONK
K2 THAI DREAM
K2 ULTRA
K2 WATERMELON
K3
K3 BLUEBERRY
K3 COSMIC BLEND
K3 DUSK
K3 GRAPE
K3 HEAVEN IMPROVED
K3 HEAVEN LEGAL
K3 KRYPTONITE
K3 LEGAL
K3 LEGAL-EARTH (SILVER)
K3 LEGAL-ORIGINAL (BLACK)
K3 LEGAL-SEA (SILVER)
K3 LEGAL-SUN (BLACK)
K3 MANGO
K3 ORIGINAL
K3 ORIGINAL
K3 ORIGINAL IMPROVED
K3 STRAWBERRY
K3 SUN
K3 SUN IMPROVED
K3 SUN LEGAL
K3 XXX
193
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
K4 BUBBLE BUBBLE
K4 GOLD
K4 PURPLE HAZE
K4 SILVER
K4 SUMMIT REMIX
KIND SPICE
KW ORISHA MAX
LEGAL EAGLE
LEGAL EAGLE APPLE PIE
LOVE POTION 69
LOVE STRAWBERRY
MAGIC DRAGON PLATINUM
MAGIC GOLD
MAGIC SILVER
MAGIC SPICE
MEGA BOMB
MID-ATALNTIC EXEMPLAR
MID-ATLANTIC EXEMPLAR (K2 SUMMIT
MIDNIGHT CHILL
MNGB ALMOND/VANILLA
MNGB PEPPERMINT
MNGB PINATA CALADA
MNGB SPER MINT
MNGB TROPICAL THUNDER
MOE JOE FIRE
MOJO
MR. SMILEY'S
MTN-787
MYSTERY
NAUGHTY NIGHTS
NEW IMPROVED K3 COSMIC BLEND
NEW IMPROVED K3 DYNAMITE
NEW IMPROVED K3 KRYPTONITE
NEW K3 EARTH
NEW K3 HEAVEN
NEW K3 IMPROVED
NEW K3 SEA IMPROVED
NEW-KRON BOMB
NITRO
OCEAN BLUE
P.E.P. POURRI LOVE STRAWBERRY
P.E.P. POURRI ORIGINAL SPEARMINT
P.E.P. POURRI TWISTED VANILLA
194
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
P.E.P. POURRI X BLUEBERRY
PARADISE
PINK TIGER
POTPOURRI
POTPOURRI GOLD
POW
PULSE
RASTA CITRUS SPICE
RASTA CITRUS SPICE
REBEL SPICE
RED BIRD
S1. SWERVE
SAMURAI SPIRIT
SATIVAH
SCOPE VANILLA
SCOPE WILDBERRY
SENCE
SHANTI SPICE
SHANTI SPICE BLUEBERRY
SILENT BLACK
SKINK
SMOKE
SMOKE PLUS
SPACE
SPICE ARTIC SYNERGY
SPICE DIAMOND
SPICE GOLD
SPICE SILVER
SPICE TROPICAL SYNERGY
SPICERY REGULAR XXX STRAWBERRY
SPICERY ULTRA STRONG XXX STRAWBERRY
SPICERY ULTRA STRONG XXX VANILLA
SPICEY REGULAR XXX BLUEBERRY
SPICEY ULTRA STRONG XXX VANILLA
SPICEY XXX
SPICYLICIOUS
SPIKE 99
SPIKE 99 ULTRA
SPIKE 99 ULTRA BLUEBERRY
SPIKE 99 ULTRA CHERRY
SPIKE 99 ULTRA STRAWBERRY
SPIKE DIAMOND
SPIKE GOLD
195
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
SPIKE MAXX
SPIKE SILVER
STINGER
SUMMER SKYY
SUPER KUSH
SUPER SUMMIT
SWAGGER GRAPE
SYN CHILL
SYN INCENSE LEMON LIME
SYN INCENSE SMOOTH
SYN INCENSE SPEARMINT
SYN LEMON LIME
SYN LEMON Lime #2
SYN SMOOTH
SYN SPEARMINT
SYN SPEARMINT #2
SYN SWAGG
SYN SWUAVE
SYN VANILLA
SYN VANILLA #2
TEXAS GOLD
TIME WARP
TRIBAL WARRIOR
ULTRA CLOUD 10
UNKNOWN CIGARETTE
UTOPIA
UTOPIA-BLUE BERRY
VOO DOO REMIX (BLACK PACKAGE)
VOO DOO REMIX (ORANGE PACKAGE)
VOODOO CHILD
VOODOO MAGIC
VOODOO REMIX
WHO DAT
WHO DAT HERBAL INCENSE
WICKED X
WINDER BOOST
WOOD STOCK
YUCANTAN FIRE
YUCATAN FIRE
ZOMBIE WORLD
(Ord. No. 16899, § 1, 12-5-11)
196
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Montgomery, IL
Chapter 12 – Offenses, Miscellaneous.
Sec. 12-42. Synthetic alternative drugs.
(a) Definitions. For purposes of this article, the following definitions shall apply unless the
context clearly indicates or requires different meaning:
(1) A product containing a synthetic alternative drug means any product containing a synthetic
cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein such as,
but not limited to, the examples of brand names or identifiers listed on Exhibit "A" attached
hereto and incorporated herein.
(2) Synthetic cannabinoid means any laboratory-created compound that functions similar to the
active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any
quantity of a natural or synthetic material, compound, mixture, preparation, substance and their
analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid
receptor agonist, such as:
• JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole)
• JWH-015 ((2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone)
• JWH-018 (1-pentyl-3-(1-naphthoyl)indole)
• JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole)
• JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone)
• JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)
• JWH-098 (4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone)
• JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole)
• JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
• JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone)
• JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone
• JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone
• JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole)
• JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole)
• JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole)
• HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo [c]chromen-1-ol)
• HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo [c]chromen-1-ol)
• HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4bicyclo[3.1.1]hept-3-enyl] methanol)
• HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl2,5-cyclohexadiene-1,4-dione)
197
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
• CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]- 5-(2-methyloctan-2yl)phenol)
• CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2-yl)phenol) and its
homologues
• WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de)1,4-benzoxazin-6-yl]-1-nepthalenylmethanone)
• RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone)
• RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone)
(3) Synthetic stimulant means any compound that mimics the effects of any federally controlled
Schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not
limited to, any quantity of a natural or synthetic material, compound, mixture, preparation,
substance and their analog (including salts, isomers, and salts of isomers) containing substances
which have a stimulant effect on the central nervous system, such as:
• 3-Fluoromethcathinone
• 4-Fluoromethcathinone (other name: flephedrone)
• 3,4-Methylenedioxymethcathinone (other name: methylone, MDMC)
• 3,4-Methylenedioxypyrovalerone (other name: MDPV)
• 4-Methylmethcathinon (other names: mephedrone, 4-MMC)
• 4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC)
• 4-Ethylmethcathinone (other name: 4-EMC)
• Ethcathinone
• Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MBDB)
• Napthylpyrovalerone (other names: naphyrone, NRG-1)
• N,N-dimethylcathinone (other name: metamfepramone)
• Alpha-pyrrolidinopropiophenone (other name: alpha-PPP)
• 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
• 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP)
• Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
• 6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxal-6-amine) (other name: MDAI)
• Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone by
modification or substitution in any of the following ways:
• in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl ring by one or more other univalent
substituents;
• at the 3-position with an alkyl substituent;
• at the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups;
• or by inclusion of the nitrogen atom in a cyclic structure.
(4) Synthetic psychedelic/hallucinogen means any compound that mimics the effects of any
federally controlled Schedule I substance, including but not limited to, any quantity of a natural
or synthetic material, compound, mixture, preparation, substance and their analog (including
198
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
salts, isomers, esters, ethers and salts of isomers) containing substances which have a
psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
•
•
•
•
•
•
•
•
•
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
2-(4-(Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
(b) Sale or delivery. It shall be unlawful for any person to sell, offer for sale or deliver any
product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
(c) Possession. It shall be unlawful for any person to knowingly possess a product containing a
synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
(d) Use. It shall be unlawful for any person to be under the influence of a synthetic cannabinoid,
stimulant or psychedelic/hallucinogen.
Exhibit A
2010
Aztec Gold
Back Draft
Bayou Blaster
Black Mamba
Buzz
Caneff
Chronic Spice
Colorado Chronic
Demon
D-Rail
Eruption Spice
exSES
EX-SES Platinum Cherry
Fire Bird Ultimate Strength
Cinnamon
Fully Loaded
EX-SES Platinum
EX-SES Platinum Strawberry
Forest Humus
8-Ball
Tezcatlipoca
Banana Cream Nuke
Black Magic Salvia
Bombay Blue
C4 Herbal Incense
Chill X
Citrus
Dark Night II
Dragon Spice
Earthquake
EX_SES Platinum
Strawberry
EX-SES Platinum Blueberry
EX-SES Platinum Vanilla
Freedom
Funky Monkey
Funky Monkey XXXX
Aztec Midnight Wind
Bad 2 the Bone
Black Diamond
Blueberry Hayze
C3
Cherry Bomb
Cill Out
DaBlock
Diamond Spirit
Dream
Euphoria
199
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
G Four
Gold Spirit Spice
Heaven Improved
Jamaican Gold
Kl Gravity
K2
K2 Amazonian Shelter
K2 Blueberry
K2 Kryptonite
K2 Mint
K2 Orisha Regular
G Greenies Caramel Crunch
Green Monkey Chronic
Salvia
Heavenscent Suave
Jamaican Gold
Kl Orbit
K2 (unknown variety)
K2 Blonde
K2 Citron
K2 Latte
K2 Orisha Black Magic Max
K2 Orisha Super
K2 Peach
K2 Pineapple Express
K2 Sex
K2 Pina Colada
K2 Pink
K2 Silver
K2 Solid Sex on the
Mountain
K2 Summit
K2 Ultra
K3 Blueberry
K3 Grape
K3 Kryptonite
K3 Legal—Earth (silver)
K3 Mango
K3 Strawberry
K3 Sun Legal
K4 Gold
K4 Summit
Legal Eagle
Love Strawberry
Magic Silver
Mid-Atlantic Exemplar
K2 Standard
MNGB Almond/Vanilla
MNGB Spear Mint
Mojo
;Mystery
New Improved K3 Cosmic
Blend
New K3 Earth
Genie
Greenies Strawberry
Humboldt Gold
K Royal
K1 Orbit
K2 Amazonian Shelter
K2 Blue
K2 Cloud 9
K2 Mellon
K2 Orisha Max
K2 Orisha White Magic
Super
K2 Pineapple
K2 Pink Panties
K2 Solid Sex on the
Mountain
K2 Strawberry
K2 Summit Coffee Wonk
K2 Watermelon
K3 Cosmic Blend
K3 Heaven Improved
K3 Legal
K3 Legal—Sea (silver)
K3 Original
K3 Sun
K3 XXX
K4 Purple Haze
K4 Summit Remix
Legal Eagle Apple Pie
Magic Dragon Platinum
Magic Spice
Mid-Atlantic Exemplar (K2
Summit)
MNGB Peppermint
MNGB Tropical Thunder
Mr. Smiley's
Naughty Nights
New Improved K3 Dynamite
K2 Thai Dream
K3
K3 Dusk
K3 Heaven Legal
K3 Legal—Original (Black)
K3 Legal—Sun (Black)
K3 Original Improved
K3 Sun Improved
K4 Bubble Bubble
K4 Silver
Kind Spice
Love Potion 69
Magic Gold
Mega Bomb
Midnight Chill
New K3 Heaven
New K3 Improved
MNGB Pinata Colada
Moe Joe Fire
MTN-787
New Improved K3
New Improved K3 Kryptonite
200
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
New K3 Sea Improved
Ocean Blue
p.e.p. pourri Original
Spearmint
Paradise
Potpourri Gold
Rebel Spice
Samurai Spirit
Scope Wildberry
Shanti Spice Bluberry
Smoke
Spice Artic Synergy
Spice Gold
Spicey Regular XXX
Blueberry
Spicey Ultra Strong XXX
Vanilla
Spicylicious
Spike 99 Ultra Blueberry
Spike Diamond
Spike Silver
Summer Skyy
Swagger Grape
SYN Incense Smooth
SYN Lemon Lime #2
SYN Spearmint #2
SYN Vanilla
Time Warp
Unknown cigarette
Voo Doo Remix (black
package)
Voodoo Magic
Who Dat Herbal Incense
Wood Stock
Yucatan Fire
New-Kron Bomb
POW
p.e.p. pourri Twisted Vanilla
Nitro
p.e.p. pourri Love Strawberry
p.e.p. pourri X Blueberry
Pink Tiger
Pulse
Red Bird
Sativah
Sence
Silent Black
Smoke Plus
Spice Diamond
Spice Silver
Spicey Regular XXX
Strawberry
Spicey XXX
Potpourri
Rasta Citrus Spice
S1. S Werve
Scope Vanilla
Shanti Spice
Skunk
Space
Spice Gold
Spice Tropical Synergy
Spicey Ultra Strong XXX
Strawberry
Spicy Ultra Strong XXX
Vanilla
Spike 99 Ultra
Spike 99 Ultra Strawberry
Spike Maxx
Stinger
Super Summit
SYN Incense LemonLime
SYN Lemon Lime
SYN Spearmint
SYN Swagg
Texas Gold
Ultra Cloud 10
Utopia-Blue Berry
Voodoo Child
Spike 99
Spike 99 Ultra Cherry
Spike Gold
Spike99
Super Kush
SYN Chill
SYN Incense Spearmint
SYN Smooth
SYN Spearmint #2
SYN Vanilla #2
Tribal Warrior
Utopia
Voo Doo Remix (orange
package)
Voodoo Remix
Wicked X
XTREME Spice
Zombie World
Who Dat
Winter Boost
Yucatan Fire
(Ord. No. 1508, § 1, 10-24-11)
201
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Morris, IL
Title 9. Public Peace, Morals and Welfare.
Part IV. Offenses Against Public Peace.
Chapter 9.33. Synthetic Drugs.
9.33.010. Definitions.
9.33.020. Exceptions.
9.33.030. Sale or Delivery.
9.33.040. Possession
9.33.050. Use.
9.33.060. Penalty.
9.33.010. Definitions.
For the purpose of this section, the following definitions shall apply:
A. Synthetic cannabis is an herbal and chemical product, whether described as tobacco, herbs,
incense, spice, or any blend thereof, regardless of whether the substance is marketed for the
purpose of being smoked, which mimics the effects of the active ingredient in cannabis and
tetrahydrocannabinol (THC), and contains a cannabinoids receptor agonist as follows:
• CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-5-(2methyloctan-2yl)phenol);
• HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4bicyclo[3.1.1]hept-3-enyl]methanol);
• HU-331((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl2,5-cyclohexadiene-1,4-dione);
• JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole);
• JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole);
• JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone);
• JWH-098(4-methoxynaphthalen-l-yl-(1-pentyl-2-methylindol-3-yl)methanone);
• JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone);
• JWH-200(1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone);
• JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone);
• JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone);
• JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole);
• JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole);
• JWH-398 (1-pentyl-3-(4-chloro-l-naphthoyl)indole);
• RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone);
• RCS-8(1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2 methoxyphenyl)ethanone);
• WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl) pyrrolo[ 1,2,3-de)1,4-benzoxazin-6-yl]-1-nepthalenylmethanone).
202
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Street names for synthetic cannabis may include, but are not limited to the following:
Black Mamba Strawberry;
Black Mamba Tangerine;
Black Mamba Vanilla;
Cloud Nine Incense;
Flying Buddha Aqua;
Flying Buddha Golden;
Flying Buddha Nirvana;
Flying Buddha Rose;
Flying Buddha Royal;
Flying Buddha Rubia;
Flying Buddha Zen;
Formula 420;
K2 Blonde;
K2 Citron;
K2 Huckleberry;
K2 Pink;
K2 Sky;
K2 Solid Sex;
K2 Summit;
K2 Thai Dream;
K2 Ultra Incense;
K2 Pineapple;
K2 Standard;
K2 Ultra;
Kronic Skunk Blend;
Potpourri;
Purple Haze Max;
Quick Fix Plus;
Smoke Buddy;
Spice;
Triad Blue Label 1;
Wicked spice.
B. Synthetic stimulant means any compound that mimics the effects of any federally controlled
Schedule 1 substance such as cathinone, methcathinone, MDMA and MDEA, including, but not
limited to, any quantity of a natural or synthetic material, compound, mixture, preparation,
substance (including salts, isomers, and salts of isomers) containing substances which have a
stimulant effect on the central nervous system, such as:
• 3 Fluoromethcathinone;
• 4-Fluoromethcathinone (other name; flephedrone);
203
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
• 3,4-Methylenedioxymethcathinone (other names: methylone, MDMC);
• 3,4-Methylenedioxypyrovalerone (other name MDPV);
• 4-Methylmethcathinon (other names: mephedrone, 4-MMC);
• 4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC);
• 4-Ethylmethcathinone (other name: 4-EMC);
• Ethcathinone;
• Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone. Bk-MBDB);
• Napthylpyrovalerone (other names: naphyrone, NRG-1);
• N,N-dimethylcathunone (other name: metamfepramone);
• Alpha-pyrrolidinopropiophenone (other name: alpha-PPP);
• 4-methoxy-alpha-pyrolidinopropiophenone (other name MOPPP);
• 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (othername: MDPPP);
• Alpha-pyrrolidinovalerophenone (other name: apha-PVP);
• 6,7-kihydro-5H-indeno (5,6-d)-1,3-dioxal-6-amine) (other name: MDAI);
• Any compound that is structurally derived from 2-amino-1 phenyl-1-propanone by
modification or substitution in any of the following ways:
° In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl ring by one or more other univalent
substituents;
° At the 3-position with an alkyl substituent;
° At the nitrogen atom with alkyl, dialkyl, benzyl, or methooxybenzyl groups;
° Or by inclusion of the nitrogen atom in a cyclic structure.
Street names for synthetic stimulants may include, but are not limited to the following:
Bliss;
Blue Silk;
Cloud Nine;
Drone;
Energy-1;
Ivory Wave;
Lunar Wave;
Meow Meow;
Ocean Burst;
Pure Ivory;
Purple Wave;
Red Dove;
Snow Leopard;
Stardust;
Vanilla Sky;
White Dove;
White Knight;
204
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
White Lightening.
C. Synthetic psychedelic/hallucinogen means any compound that mimics the effects of any
federally controlled Schedule 1 substance, including but not limited to, any quantity of a natural
or synthetic material, compound, mixture, preparation, substance (including salts, isomers,
esters, ethers and salts of isomers) containing substances which have a
psychedelic/hallucinogenic effect on the central nervous system and/or brain such as:
• 2-(2,5-dimethoxy-4-ethylphenyl) ethanamine (2C-E);
• 2-(2,5-dimethoxy-4-methylphenyl) ethanamine (2C-D);
• 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C);
• 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I);
• 2-(4-(Ethylthio)-2,5-dimethoxyphenyl ethanamine (2C-T-2);
• 2-(4-(Isopropylthio)-2,5-dimethoxyphenyl) ethanamine (2C-T-4);
• 2-(2,5-Dimethoxyphenyl)-ethanamine (2C-H);
• 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N);
• 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine (2C-P).
(Ord. No. 3880, § 2, 12-5-2011)
9.33.020. Exceptions.
This section shall not apply to any person who may, under federal or state law, possess,
manufacture, distribute, dispense, or ingest the substances regulated by this section. Furthermore,
if a violation is a felony, it shall be prosecuted under appropriate federal and/or state law and not
this section.
(Ord. No. 3880, § 2, 12-5-2011)
9.33.030. Sale or Delivery.
It shall be unlawful for any person to sell, offer for sale or deliver any product containing a
synthetic cannabinoid, synthetic stimulant, or synthetic psychedelic/hallucinogen.
(Ord. No. 3880, § 2, 12-5-2011)
9.33.040. Possession
It shall be unlawful for any person to knowingly possess any product containing a synthetic
cannabinoid, synthetic stimulant, or synthetic psychedelic/hallucinogen.
(Ord. No. 3880, § 2, 12-5-2011)
9.33.050. Use.
It shall be unlawful for any person to be under the influence of a synthetic cannabinoid, synthetic
stimulant, or synthetic psychedelic/hallucinogen.
205
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(Ord. No. 3880, § 2, 12-5-2011)
9.33.060. Penalty.
A. Any person convicted of violating Section 9.33.030 shall be fined not less than two hundred
fifty dollars, nor more than seven hundred fifty dollars for each offense. A separate offense is
deemed committed on each day in which a violation occurs or continues to occur.
B. Any person convicted of violating Section 9.33.040 shall be fined not less than one hundred
dollars, nor more than seven hundred fifty dollars for each offense.
C. Any person convicted of violating Section 9.33.050 shall be fined not less than one hundred
dollars, nor more than seven hundred fifty dollars for each offense.
(Ord. No. 3880, § 2, 12-5-2011)
206
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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201, Santa Fe, NM 87501.
Mundelein, IL
Title 9 – Offenses – Peace, Morals and Safety.
Chapter 9.60. Criminal Code.
Article VIII. Possession of Cannabis, Drug Paraphernalia, and Synthetic Drugs.
9.60.417 Synthetic drugs.
(a) Definitions. For purposes of this section, the following definitions shall apply unless the
context clearly indicates or requires different meaning. The omission of any product from any
definition is not intended to represent exclusion from the intended scope of such definition so
long as such product exhibits similar chemical or biological characteristics to the category being
defined.
"A product containing a synthetic cannabinoid, a synthetic stimulant or a synthetic
psychedelic/hallucinogen," means any product containing a synthetic cannabinoid, a synthetic
stimulant, or a synthetic psychedelic/hallucinogen, including but not limited to those listed in the
below table.
"Manufacture" means the production, preparation, propagation, compounding, conversion or
processing of a product containing a synthetic cannabinoid, a synthetic stimulant, or a synthetic
psychedelic/hallucinogen, either directly or indirectly, by extraction from substances of natural
origin, or independently by means of chemical synthesis, or by a combination of extraction and
chemical synthesis, and includes any packaging or repackaging of such products or labeling of
its container, except that this term does not include the preparation, compounding, packaging, or
labeling of such products as an incident to lawful research, teaching, or chemical analysis and
not for sale.
"Synthetic cannabinoid" means any laboratory-created compound that functions similar to the
active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any
quantity of a natural or synthetic material, compound, mixture, preparation, substance and their
analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid
receptor agonist, such as:
(1) JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl) indole);
(2) JWH-015 ((2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone);
(3) JWH-018 (1-pentyl-3-(1-naphthoyl) indole);
(4) JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole);
(5) JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone);
(6) JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone);
(7) JWH-098(4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl) methanone);
(8) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl) indole);
(9) JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone;
(10) JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone);
207
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(11) JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl) ethanone;
(12) JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl) methanone;
(13) JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl) indole);
(14) JWH-251 (1-pentyl-3-(2-methylphenylacetyl) indole);
(15) JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl) indole);
(16) HU-210 ((6aR, 10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol);
(17) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo [c]chromen-1-ol);
(18) HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4bicyclo[3.1.1]hept-3-enyl] methanol);
(19) HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5pentyl-2,5-cyclohexadiene-1,4-dione);
(20) CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-5-(2-methyloctan2-yl) phenol);
(21) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) and its
homologues;
(22) WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl) pyrrolo [1,2,3-de)1,4-benzoxazin-6-yl]-1-nepthalenylmethanone);
(23) RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone);
(24) RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl) ethanone).
"Synthetic psychedelic/hallucinogens" means any compound that mimics the effects of any
federally controlled Schedule I substance, including but not limited to, any quantity of a natural
or synthetic material, compound, mixture, preparation, substance and their analog (including
salts, isomers, esters, ethers and salts of isomers) containing substances which have a
psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
(1) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(2) 2-(2,5-dimethoxy-4-methylphenyl) ethanamine (2C-D);
(3) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C);
(4) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I);
(5) 2-(4-(Ethylthio)-2,5-dimethoxyphenyl) ethanamine (2C-T-2);
(6) 2-(4-(Isopropylthio)-2,5-dimethoxyphenyl) ethanamine (2C-T-4);
(7) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H);
(8) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N);
(9) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine (2C-P).
"Synthetic stimulant" means any compound that mimics the effects of any federally controlled
Schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not
limited to, any quantity of a natural or synthetic material, compound, mixture, preparation,
substance and their analog (including salts, isomers, and salts of isomers) containing substances
which have a stimulant effect on the central nervous system, such as:
208
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contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(1) 3-Fluoromethcathinone;
(2) 4-Fluoromethcathinone;
(3) 3,4-Methylenedioxymethcathinone (other name: methylone, MDMC);
(4) 3,4-Methylenedioxypyrovalerone (other name: MDPV);
(5) 4-Methylmethcathinon (other names: mephedrone, 4-MMC);
(6) 4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC);
(7) 4-Ethylmethcathinone (other name: 4-EMC);
(8) Beta-keto-N-methylbenzodioxyolyl-propylamine (other names: butylone, bk-MBDB);
(9) Napthylpyrovalerone (other names: naphyrone, NRG-1);
(10) Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone by
modification or substitution in any of the following ways:
(A) In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl ring by one or more other univalent
substituents;
(B) At the 3-position with an alkyl substituent;
(C) At the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
(D) By inclusion of the nitrogen atom in a cyclic structure.
(b) Sale or Delivery. It shall be unlawful for any person to sell, offer for sale or deliver any
product containing a synthetic cannabinoid, a synthetic stimulant, or a synthetic
psychedelic/hallucinogen, including but not limited to those listed in the below table.
(c) Possession. It shall be unlawful for any person to knowingly possess a product containing a
synthetic cannabinoid, a synthetic stimulant, or a synthetic psychedelic/hallucinogen, including
but not limited to those listed in the below table, with the intent of using the product for
ingestion, consumption, inhaling, or intravenous use. In determining intent under this subsection,
a trier of fact may take into consideration, among other things: the proximity of the product to
drug paraphernalia the presence of the product on or within drug paraphernalia; the proximity of
the product to a different controlled substance; and whether or not the individual in possession of
the product is exhibiting physical effects commonly associated with being under the influence of
a controlled substance.
(d) Use. It shall be unlawful for any person to use or be under the influence of a synthetic
cannabinoid, a synthetic stimulant, or a synthetic psychedelic/hallucinogen, including, but not
limited to those listed in the below table.
(e) Manufacture. It shall be unlawful for any person to manufacture, or assemble the ingredients
with the intent to manufacture, a synthetic cannabinoid, a synthetic stimulant, or a synthetic
psychedelic/hallucinogen, including but not limited to those listed in the below table. In
209
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
determining intent under this subsection, a trier of fact may take into consideration, among other
things: the proximity of the product or ingredients to drug paraphernalia; the presence of the
product or ingredients on or within drug paraphernalia; the proximity of the product or
ingredients to a different controlled substance.
8-Ball
2010
Aztec Gold
Aztec Midnight Wind
Back Draft
Bad 2 the Bone
Banana Cream Nuke
Bayou Blaster
Black Diamond
Black Magic Salvia
Black Mamba
Blueberry Hayze
Bombay Blue
Buzz
C3
C4
C4 Herbal Incense
Caneff
Cherry Bomb
Chill X
Chronic Spice
Chill Out
Citrus
Colorado Chronic
Da Block
Dark Night II
Demon
Diamond Spirit
Dragon Spice
D-Rail
Dream
Earthquake
Eruption Spice
Euphoria
EX-SES
EX-SES Platinum
EX-SES Platinum Blueberry
EX-SES Cherry
EX-SES Strawberry
EX-SES Platinum Cherry
EX-SES Platinum Strawberry
EX-SES Platinum Vanilla
EX-SES Vanilla
Fire Bird Ultimate
Forest humus
Freedom
Fully Loaded
Funky Monkey
Funky Monkey XXXX
G Four
G Greenies Caramel Crunch
Genie
Gold Spirit Spice
Green Monkey Chronic
Salvia
Greenies Strawberry
Heaven Improved
Heavenscent Suave
Humboldt Gold
Jamaican Gold
K Royal
K1 Gravity
K 1 Orbit
K2
K2 (unknown variety)
K2 Amazonian Shelter
K2 Blonde
K2 Blue
K2 Blueberry
K2 Citron
K2 Citron K2
K2 Cloud 9
K2 Kryptonite
K2 Latte
K2 Mint
K2 Orisha Black Magic Max
K2Orisha Max
K2 Orisha Regular
K2 Orisha Super
210
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
K2 Orisha White Magic
Super
K2 Peach
K2 Pina Colada
K2 Pineapple Express
K2 Pink
K2 Pink Panties
K2 Sex
K2 Silver
K2 Solid Sex on the Mountain
K2 Standard
K2 Strawberry
K2 Summit
K2 Summit Coffee Work
K2 Summit Space
K2 Thai Dream
K2 Ultra
K2 Watermelon
K3
K3 Blueberry
K3 Cosmic Blend
K3 Dusk
K3 Grape
K3 Heaven Improved
K3 Heaven Legal
K3Kryptonite
K3 Legal
K3 Legal — Earth (silver)
K3Legal — Original (Black) K3 Legal — Sea (Silver)
K3 Legal — Sun (Black)
K3Mango
K3 Original
K3 Original Improved
K3Strawberry
K3 Sun
K3 Sun Improved
K3 Sun Legal
K3 XXX
K4 Bubble Bubble
K4 Gold
K4 Silver
K4 Summit Remix
Kind Spice
Legal Eagle
Legal Eagle Apple
Love Potion 69
Love Strawberry
Magic Dragon Platinum
Magic Gold
Magic Silver
Mega Bomb
Magic Spice
Mid-Atlantic Exemplar
Midnight Chill
Mellon K2
MNGB Peppermint
MNGB Pinata Colada
MNBG Pina Colada
MNGB Tropical Thunder
Moe Joe Fire
MNGB Almond/Vanilla
Mr. Smiley's
MTN-787
MNGB Spear Mint
Naughty Nights
New Improved K3 Cosmic
Blend
Mojo
New Improved Kryptonite
New K3 Earth
Mystery
New K3 Improved
New K3 Sea Improved
New Improved K3 Dynamite Nitro
Ocean Blue
New Improved K3 Kryptonite p.e.p. pourri Love Strawberry
p.e.p. pourri Original
Spearmint
New K3 Heaven
p.e.p. pourri X Blueberry
Pie K4 Purple Haze
New-Kron Bomb
Pink Tiger
Platinum Strawberry
Paradise
POW
Rasta Citrus Spice
211
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
p.e.p. pourri Twisted Vanilla Pulse
Samurai Spirit
Pineapple
Redbird
Scope Wildberry
Potpourri
Scope Vanilla
Shanti Spice Blueberry
Rebel Spice
Shanti Spice
Skunk
Sativah
Silent Black
Space
Sence
Smoke Plus
Spice Gold
Si. S. Werve
Spice Diamond
Spicey Regular XXX
Blueberry
Smoke
Spice Tropical Synergy
Spicey Ultra Strong XXX
Vanilla
Spice Artic Synergy
Spicey Ultra Strong XXX
Strawberry
Spike 99
Spice Silver
Spicylicious
Spike 99 Ultra Cherry
Spicey Regular XXX
Strawberry
Spike 99 Ultra Blueberry
Spike Gold
Spicey XXX
Spike Diamond
Stinger
Spike 99 Ultra
Spike Silver
Super Kush
Spike 99 Strawberry
Summer Skyy
SYN Chill
Spike Maxx
Swagger Grape
SYN Incense Spearmint
Strength Cinnamon
SYN Incense Smooth
SYN Smooth
Super Summit
SYN Lemon Lime #2
SYN Suave
SYN Incense Lemon Lime
SYN Spearmint #2
SYN Vanilla #2
SYN Lemon Lime
SYN Vanilla
Time Warp
SYN Spearmint
Tezcatlipoca
Unknown cigarette
SYN Swagg
Ultra Cloud 10
Voodoo Child
Texas Gold
Utopia-Blue Berry
Voodoo Remix (black
package)
Tribal Warrior
Voodoo Remix
Who Dat Herbal Incense
Utopia
Who Dat
Wood Stock
Voodoo Magic
Voodoo Remix (orange package) Wicked X
Winter Boost
Yucatan Fire
XTREME Spice
Zombie World
Yucatan Fire Smoke
212
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(f) Penalty. Any person guilty of possessing or using any synthetic drug shall pay a fine of not
less than two hundred fifty dollars and not more than seven hundred fifty dollars. Any person
found guilty of manufacturing, selling, or delivering any synthetic drug shall pay a fine of not
less than five hundred dollars and not more than seven hundred fifty dollars. Each violation of
this section, or everyday a violation continues to exist, shall constitute a new and separate
violation.
(Ord. No. 12-02-09, § 2, 2-27-12)
213
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
New Lenox, IL
Chapter 54. Offenses and Miscellaneous Provisions.
Article IV. Offenses Against Public Peace and Safety.
Sec. 54-135. Synthetic cannabis.
(a) Definitions. For purposes of this section, the following definitions shall apply:
Controlled substance means (i) a drug, substance, or immediate precursor in the Schedules of
Article II of 720 ILCS 570/201 et seq., or (ii) a drug or other substance, or immediate precursor,
designated as a controlled substance by the department through administrative rule, and includes
but is not limited to the following:
• 2,5-Dimethoxy-4-(n)-propylthio-phenethylamine
• 3-Fluoromethcathinone
• 4-Fluoromethcathinone
• 4-methoxymethcathinone
• 5-Methoxy-N,N-disopropyltryptamine
• AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2-iodophenyl)methanone)
• CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol), where side chain
n=5; and homologues where side chain n=4, 6, or 7)
• CP 47, 497 and its C6, C8 and C9 homologs (2-[1R,3S)-3-hydroxycyclohexyl]-5-(2methyloctan-2-yl)phenol)
• HU-210, Dexanabinol ((6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)6a,7,10,10 atetrahydrobenzo[c]chromen-1-ol, its isomers, salts, and salts of isomers)
• HU-210 ((6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo[c]chromen-1-ol)
• HU-211, Dexanabinol (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol)
• JWH-015 ((2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone)
• JWH-018 (1-Pentyl-3-(1-naphthoyl)indole)
214
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
• JWH-073 (1-Butyl-3-(1-naphthoyl)indole)
• JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)
• JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole)
• JWH-251 (2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3-yl)-ethanone)
• MDPV (3,4-Methyenedioxypyrovalerone)
• Mephedrone (4-Methylmethcathinone)
• Methylone (3,4-Methylenedioxymethcathinone)
• RCS-8, BTW-8 and SR-18 (1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole)
• Any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl whether or not further
substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any
extent
• Any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen
atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent, whether or
not substituted in the naphthyl ring to any extent
• Any compound structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3position of the indene ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2(4-morpholinyl)ethyl whether or not further substituted in the indene ring to any extent, whether
or not substituted in the naphthyl ring to any extent
• Any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen
atom of the indole ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent, whether or
not substituted in the phenyl ring to any extent
• Any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the
5-position of the phenolic ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or
2-(4-morpholinyl)ethyl, whether or not substituted in the cyclohexyl ring to any extent
Controlled substance analog means a substance:
215
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
1. The chemical structure of which is substantially similar to the chemical structure of a
controlled substance in Schedule I or II;
2. which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that
is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the
central nervous system of a controlled substance in Schedule I or II; or
3. With respect to a particular person, which such person represents or intends to have a
stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially
similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in Schedule I or II.
Synthetic cannabis is an herbal and chemical product, whether described as tobacco, herbs,
incense, spice, or any blend thereof, regardless of whether the substance is marketed for the
purpose of being smoked, which mimics the effects of the active ingredient in cannabis and
tetahydrocannabinol (THC), and contains a cannabinoids receptor agonist as follows:
• CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-5-(2-methyloctan-2yl)phenol)
• HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4bicyclo[3.1.1]hept-3-enyl]methanol)
• HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl2,5-cyclohexadiene-1,4-dione)
• JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole)
• JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole)
• JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone)
• JWH-098 (4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone)
• JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)
• JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone)
• JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone)
• JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone)
• JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole)
216
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
• JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole)
• JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole)
• RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone)
• RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone)
• WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl) pyrrolo[1,2,3-de)-1,4benzoxazin-6-yl]-1-nepthalenylmethanone)
Street names for Synthetic cannabis may include, but are not limited to, the following:
Black Mamba Strawberry
Black Mamba Tangerine
Black Mamba Vanilla
Cloud Nine Incense
Flying Buddha Aqua
Flying Buddha Golden
Flying Buddha Nirvana
Flying Buddha Rose
Flying Buddha Royal
Flying Buddha Rubia
Flying Buddha Zen
Formula 420
K2 Blonde
K2 Citron
K2 Huckleberry
K2 Pink
K2 Sky
K2 Solid Sex
K2 Summit
K2 Thai Dream
K2 Ultra Incense
K2 Pineapple
K2 Standard
K2 Ultra
K4
Kronic Skunk Blend
Orange Kurnck
Pottpouri
Purple Haze Max
Quick Fix Plus
217
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Smoke Buddy
Spice
Triad Blue Label 1
White Widow
Wickedspice
Zombie Matter
(b) Exceptions. This section shall not apply to any person who may, under federal or state law,
possess, manufacture, distribute, dispense, or ingest the substances regulated by this section.
Furthermore, if a violation is a felony, it shall be prosecuted under appropriate federal and/or
state law and not this section.
(c) Synthetic cannabis and controlled substance.
(1) It shall be unlawful for any person to sell, offer to sell, deliver, barter, give away, gift, or
publicly display for sale or otherwise transfer any substance containing synthetic cannabis, a
controlled substance, or a controlled substance analog.
(2) It shall be unlawful for any person to knowingly possess or ingest any substance containing
synthetic cannabis, a controlled substance, or a controlled substance analog.
(d) Penalty. In addition to all other remedies, any person who violates, disobeys, omits, neglects
or refuses to comply with any provision of this section shall be sentenced as provided in section
1-15 of this code for each offense.
(Ord. No. 2230, § 3, 12-19-2011)
218
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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201, Santa Fe, NM 87501.
Norridge, IL
Chapter 62. Offenses and Miscellaneous Provisions.
Article VI. Offenses Involving Public Morals.
Division 4. Synthetic Drugs Prohibited.
Sec. 62-300. - Definitions.
Sec. 62-301. - Sale or delivery prohibited.
Sec. 62-302. - Possession prohibited.
Sec. 62-303. - Use prohibited.
Sec. 62-304 - Penalties.
Sec. 62-300. - Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the content clearly indicates a different meaning.
(1) Synthetic alternative drug. A product containing a synthetic alternative drug means any
product containing a synthetic cannabinoid, stimulant, or psychedelic/hallucinogen, as those
terms are defined herein such as, but not limited to, the examples of brand names or identifiers
listed on Exhibit A of this division.
(2) Synthetic cannabinoid. Synthetic cannabinoid means any laboratory-created compound that
functions similarly to the active ingredient in marijuana, tetrahydrocannabinol (THC), including,
but not limited to, any quantity of a natural or synthetic material compound, mixture,
preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of
isomers) containing a cannabinoid receptor agonist, such as:
JWH-007 (l-pentyl-2-methyl-3-(I-naphthoyl)indole)
JWH-015 (2-Methyl-l-propyl-1H-indol-3-yl)-1naphthalenylmethanone
JWH-018 ( l-pentyl-3-(1-naphthoyl)indole)
JWH-019 ( l-hexyl-3-(naphthalene-l-oyl)indole)
JWH-073 (naphthalene-1-yl-( l-bulylindol-3-yl) methanone)
JWH-081 (4-methoxynaphthalen-l-yl-(1-pentylindol-3-yl) methanone)
JWH-098 (4-methoxynaphthalen-l-yl-(l-pentyl-2methylindol-3-yl)methanone)
JWH-122 (1-Pentyl-3-(4 methyl-1-naphthoyl)indole)
JWH-164 (7-methoxynaphthalen-1yl-(l-pentylindol-3-yl)methanone
JWH-200 1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-l-ylmethanone
JWH-203 (2-(-chlorophenyl)-1-(l-pentylindol-3-yl) ethanone
JWH-210 (4-ethylnaphthalen-l-yl-(l-pentylindol-3-yl) methanone)
JWH-251 (l-penyl-3-(2-methoxyphenylacetyl)indole)
JWH-398 (l-penytyl-3-(4-chloro-l-naphthoyl)indole)
HU-210 (6aR, 10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-y1)- 6a,7,10, lOatetrahydrobenzo [c]chromen-1-o1
219
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
HU-308 [(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methtloctan-2-yl)phenyl[-7, 7-dimethyl-4bicyclo[3.1.1]hept-3-enyl] methanol)
HU-331 ((3-hydroxy-2-[1R,6R)-3-methyl-6-(1-methylethenyl) clohexen-l-yl]-5-pentyl 2.5cyclohexadiene-1.4-dione)
CP 55,940 (2-1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) (cyclohexyl[-5·(2-methyloctan-2yl)phenol)
WIN 55,212-2 ((R)-(+)-[2,.3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo
[1,2,3-de)-1,4-benzoxazin-6-yl]-1-nepthalenylmethanone)
RCS-4 ((4-methoxyphenyl)(l-pentyl-1-H-indol-3-yl)methanone)
RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)enanone)
(3) Synthetic stimulant. Synthetic stimulant means any compound that mimics the effects of any
federally controlled Schedule 1 substance such as cathinone, methcathinone, MDMA and
MDEA, including, but not limited to, any quality of natural or synthetic materials, compound,
mixture, preparation, substance and their analogs (including salts, isomers, and salts of isomers)
containing substances which have a stimulant effect on the nervous system, such as:
3-Fluoromethcathinone
4-Fluoromethcathinone (other name, fledphedrone) 3,4-Methylenedioxymethcathinone (other
name, methylone, MDMC) 3,4-Methylenedioxypyrovalerone (other name, MDPV)
4-Methylmethcathinon (other names, mephedrone, 4-MMC) 4-Methoxymethcathinone (other
names, Methedrone, bk-PMMA, PMMC) 4-Ethylmethcathinone (other name, 4-EMC)
Ethcathinone
Beta-keto-N-methylbenzodioxyolylpropylamine (other names, butylone, bk-MBDB)
Napthylpyrovalerone (other names, naphyrone, NRG-1)
N,N-dimethylcathinone (other name, metamfepramone) Alpha-pyrrolidinopropiophenone (other
name, alpha-PPP) 4-methoxy-alpha-pyrrolidinopropiophenone (other name, MOPPP) 3,4methylenedioxy-alph-pyrrolidinopropiophenone (other name, MDPPP) Alphapyrrolidinovalerophenone (other name, alpha-PVP) 6,7-kihydro-5H-indeno(5,6-d)-1-3-dioxal-6amine) (other name, MDAL)
Any compound that is structurally derived from 2-amino-1-phenyl-1-propananone by
modification or substitution in any of the following ways:
In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substitutes, whether or not further substituted in the phenyl ring by one or more other univalent
substituents; at u 3-position with an alkyl substituent; at the nitrogen atom with alkyl, dialkyl,
benzyl, or methoxybenzyl groups; or by inclusion of the nitrogen atom in a cyclic structure.
(4) Synthetic psychedelic/hallucinogen. Synthetic psychedelic/hallucinogen means any
compound that mimics the effects of any federally controlled Schedule I substance, including,
220
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
but not limited to, any quality of natural or synthetic materials, compound, mixture, preparation,
substance and their analog (including salts, isomers, esters, ethers of salts of isomers) containing
substances which have a psychedelic/hallucinogenic effect on the central nervous system and/or
brain, such as:
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C);
2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I);
2-(4-Ethylthio)-2,5-dimethoxyphenyl) ethanamine (2C-T-2);
2-(4-(Isopropylthio)-2,5-dimethoxyphenyl) ethanamine (2C-T-4);
2-(2,5-Dimethoxyphenly) ethanamine (2C-H);
2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N);
2-(2,5-Dimethoxyl-4-(n)-propylphenyl) ethanamine (2C-P).
EXHIBIT A
2010
Aztec Midnight Wind
Tezcatlipoca
Banana Cream Nuke
Black Mamba
Bombay Blue
C4
Cherry Bomb
Cill Out
D-Rail
Demon
Dream
Euphoria
EX-SES Platinum Blueberry
EX-SES Platinum Vanilla
Freedom
Funky Monkey XXXX
Genie
Green Monkey Chronic
Salvia
Humboldt Gold
K1 Orbit
K2 Blonde
K2 Citron
8-Ball
Back Draft
Aztec Gold
Bad 2 the Bone
Bayou Blaster
Black Magic Salvia
Buzz
C4 Herbal Incense
Chronic Spice
Citrus
Da Block
Diamond Spirit
Earthquake
exSES
EX-SES Platinum Cherry
Fire Bird Ultimate Strength
Cinnamon
Fully Loaded
G Four
Gold Spirit Spice
Heaven Improved
Black Diamond
Blueberry Hayze
C3
Caneff
Chill X
Colorado Chronic
Dark Night II
Dragon Spice
Eruption Spice
Ex-SES Platinum
EX-SES Platinum Strawberry
Forest Humus
Jamaican Gold
K2
K2 Blue
K2 Cloud 9
K1 Gravity
K2 Amazonian Shelter
K2 Blueberry
K2 Kryptonite
Funky Monkey
G Greenies Caramel Crunch
Greenies Strawberry
Heavenscent Suave
221
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
K2 Latte
K2 Orisha Max
K2 Orisha Black Magic Max
K2 Pina Colada
K2 Pink
K2 Silver
K2 Strawberry
K2 Thai Dream
K2 Watermelon
K3 Cosmic Blend
K3 Heaven Improved
K3 Legal
K3 Legal—Sea (Silver)
K3 Original
K3 Sun
K3 XXX
K4 Purple Haze
K Royal
Legal Eagle Apple Pie
Magic Dragon Platinum
Magic Spice
Midnight Chill
MNGB Pinata Colada
Mojo
MTN-787
New Improved K3 Cosmic
Blend
New K3 Earth
New K3 Sea Improved
Ocean Blue
p.e.p. pourri Original
Spearmint
Pink Tiger
POW
Rebel Spice
Samurai Spirit
Scope Wildberry
Shanti Spice Blueberry
Smoke
K2 Mellon
K2 Orisha Regular
K2 Orisha White Magic
Super
K2 Pineapple
K2 Pink Panties
K2 Solid Sex on the
Mountain
K2 Summit
K2 Ultra
K3
K3 Dusk
K3 Heaven Legal
K3 Legal—Earth (Silver)
K3 Legal—Sun (Black)
K3 Original Improved
K3 Sun Improved
K4 Bubble Bubble
K4 Silver
Kind Spice
Love Potion 69
Magic Gold
Mega Bomb
K2 Mint
K2 Orisha Super
K2 Peach
K2 Pineapple Express
K2 Sex
K2 Standard
MNGB Almond/Vanilla
MNGB Spear Mint
Moe Joe Fire
Mystery
New Improved K3 Dynamite
K2 Summit Coffee Wonk
K2 (unknown variety)
K3 Blueberry
K3 Grape
K3 Kryptonite
K3 Legal—Original (Black)
K3 Mango
K3 Strawberry
K3 Sun Legal
K4 Gold
K4 Summit Remix
Legal Eagle
Love Strawberry
Magic Silver
Mid-Atlantic Exemplar (K2
Summit)
MNGB Peppermint
MNGB Tropical Thunder
Mr. Smiley's
Naughty Nights
New Improved K3 Kryptonite
New K3 Heaven
New-Kron Bomb
Paradise
p.e.p. pourri Twisted Vanilla
New K3 Improved
Nitro
p.e.p. pourri Love Strawberry
p.e.p. pourri X Blueberry
Potpourri
Pulse
Red Bird
Sativah
Sence
Silent Black
Smoke Plus
Potpourri Gold
Rasta Citrus Spice
S1. S Werve
Scope Vanilla
Shanti Spice
Skunk
Space
222
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Spice Artic Synergy
Spice Silver
Spice Diamond
Spice Tropical Synergy
Spicey Regular XXX
Strawberry
Spicey Ultra Strong XXX
Strawberry
Spike 99
Spike 99 Ultra Cherry
Spike Gold
Spike Warrior
Super Kush
SYN Chill
SYN Incense Limon Lime
SYN Smooth
SYN Suave
SYN Vanilla #2
Tribal Warrior
Utopia
Voodoo Magic
Spicey Regular XXX Vanilla
Voo Doo Remix (orange
package)
Who Dat Herbal Incense
XTREME Spice
Winter Boost
Spike 99 Ultra Blueberry
Spike Diamond
Spike Silver
Summer Skyy
Swagger Grape
SYN Incense Spearmint
SYN Lemon Lime #2
SYN Spearmint #2
SYN Vanilla
Time Warp
Ultra Cloud 10
Voodoo Child
Voo Doo Remix (black
package)
Who Dat
Wicked X
Yucatan Fire
Wood Stock
Zombie World
Spicey Ultra Strong XXX
Vanilla
Spike 99 Ultra
Spke 99 Ultra Strawberry
Spike Maxx
Stinger
Super Summit
SYN Incense Smooth
SYN Lemon Lime
SYN Spearmint
SYN Swagg
Texas Gold
Unknown cigarette
Utopia-Blue Berry
Voodoo Remix
Spice Gold
Spicey Regular XXX
Blueberry
Spicylicious
Spicey XXX
(Ord. No. 1736-12, § 2, 3-14-2012)
Sec. 62-301. - Sale or delivery prohibited.
It shall be unlawful for any person to sell, offer for sale, or deliver any product containing a
synthetic cannabinoid, stimulant, or psychedelic/hallucinogen. Each day that a violation
continues shall be considered a separate offense.
(Ord. No. 1736-12, § 2, 3-14-2012)
Sec. 62-302. - Possession prohibited.
It shall be unlawful for any person to possess any product containing a synthetic cannabinoid,
stimulant, or psychedelic/hallucinogen. Each day that a violation continues shall be considered a
separate offense.
(Ord. No. 1736-12, § 2, 3-14-2012)
223
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 62-303. - Use prohibited.
It shall be unlawful for any person to use any product containing a synthetic cannabinoid,
stimulant, or psychedelic/hallucinogen. Each day that a violation continues shall be considered a
separate offense.
(Ord. No. 1736-12, § 2, 3-14-2012)
Sec. 62-304 - Penalties.
The violation, or the causing or permitting of a violation of this division by a holder of a business
or liquor license issued by the village shall be grounds for the revocation of such license.
additional fines and penalties for violation of this division shall be as set out in chapter 38,
section 38-62 of this Code.
(Ord. No. 1736-12, § 2, 3-14-2012)
224
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
North Aurora, IL
Title 9. Public Peace, Morals and Welfare.
Chapter 9.36. Synthetic Alternative Drugs.
9.36.010 Definitions.
9.36.020 Sale or delivery.
9.36.030 Possession.
9.36.040 Use.
9.36.020 Penalties.
9.36.010 - Definitions.
For purposes of this chapter, the following definitions shall apply unless the context clearly
indicates or requires different meaning:
A.
A "product containing a synthetic alternative drug" means any product containing a
synthetic cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein
such as, but not limited to, the examples of brand names or identifiers listed on Exhibit "A"
attached to Ord. No. 11-10-17-04 and incorporated herein by reference.
B.
"Synthetic cannabinoid" means any laboratory-created compound that functions similar
to the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to,
any quantity of a natural or synthetic material, compound, mixture, preparation, substance and
their analog (including isomers, esters, ethers, salts, and salts of isomers) containing a
cannabinoid receptor agonist, such as:
•
JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole);
•
JWH-015 ((2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone);
•
JWH-018 (1-pentyl-3-(1-naphthoyl)indole);
•
JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole);
•
JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone);
•
JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone);
•
JWH-098 (4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone);
•
JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole);
•
JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone;
225
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
•
JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone);
•
JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone;
•
JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone;
•
JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole);
•
JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole);
•
JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole);
•
HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol);
•
HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol);
•
HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4bicyclo[3.1.1]hept-3-enyl] methanol);
•
HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5pentyl-2,5-cyclohexadiene-1,4-dione);
•
CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]- 5-(2methyloctan-2-yl)phenol);
•
CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2-yl)phenol) and its
homologues;
•
WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3de)-1,4-benzoxazin-6-yl]-1-nepthalenylmethanone);
•
RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone);
•
RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone).
C.
"Synthetic stimulant" means any compound that mimics the effects of any federally
controlled Schedule I substance such as cathinone, methcathinone, MDMA and MDEA,
including, but not limited to, any quantity of a natural or synthetic material, compound, mixture,
preparation, substance and their analog (including salts, isomers, and salts of isomers) containing
substances which have a stimulant effect on the central nervous system, such as:
226
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
•
3-Fluoromethcathinone;
•
4-Fluoromethcathinone (other name: flephedrone);
•
3,4-Methylenedioxymethcathinone (other name: methylone, MDMC);
•
3,4-Methylenedioxypyrovalerone (other name: MDPV);
•
4-Methylmethcathinon (other names: mephedrone, 4-MMC);
•
4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC);
•
4-Ethylmethcathinone (other name: 4-EMC);
•
Ethcathinone;
•
Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MBDB);
•
Napthylpyrovalerone (other names: naphyrone, NRG-1);
•
N,N-dimethylcathinone (other name: metamfepramone);
•
Alpha-pyrrolidinopropiophenone (other name: alpha-PPP);
•
4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP);
•
3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP);
•
Alpha-pyrrolidinovalerophenone (other name: alpha-PVP);
•
6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxal-6-amine) (other name: MDAI);
•
Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone by
modification or substitution in any of the following ways:
•
in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl ring by one or more other univalent
substituents;
•
at the 3-position with an alkyl substituent;
•
at the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups;
227
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
•
or by inclusion of the nitrogen atom in a cyclic structure.
D.
"Synthetic psychedelic/hallucinogen" means any compound that mimics the effects of
any federally controlled Schedule I substance, including, but not limited to, any quantity of a
natural or synthetic material, compound, mixture, preparation, substance and their analog
(including salts, isomers, esters, ethers and salts of isomers) containing substances which have a
psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
•
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
•
2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
•
2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
•
2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
•
2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
•
2-(4-(Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
•
2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
•
2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
•
2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
(Ord. No. 11-10-17-04, § 2, 10-17-2011)
9.36.020 - Sale or delivery.
It shall be unlawful for any person to sell, offer for sale or deliver any product containing a
synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
(Ord. No. 11-10-17-04, § 2, 10-17-2011)
9.36.030 - Possession.
It shall be unlawful for any person to knowingly possess a product containing a synthetic
cannabinoid, stimulant or psychedelic/hallucinogen.
(Ord. No. 11-10-17-04, § 2, 10-17-2011)
9.36.040 - Use.
It shall be unlawful for any person to be under the influence of a synthetic cannabinoid, stimulant
or psychedelic/hallucinogen.
228
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(Ord. No. 11-10-17-04, § 2, 10-17-2011)
9.36.020 - Penalties.
A.
Any person found to be in violation of Section 9.36.020 shall be subject to fine of not less
than five hundred dollars ($500.00) and not more than seven hundred fifty dollars ($750.00) for
each violation thereof. Any person under the age of seventeen (17) who violates Section
9.36.020 shall, in addition to paying the above fine, complete not less than one hundred (100)
hours and not more than two hundred (200) hours of public or community service. Any person
seventeen (17) years of age or older who violates Section 9.36.020 shall, in addition to paying
the above fine, serve not less than one (1) month and not more than six (6) months' incarceration
in a penal institution.
B.
Any person found to be in violation of Section 9.36.030 or Section 9.36.040 shall be
subject to fine of not less than one hundred dollars ($100.00) and not more than seven hundred
fifty dollars ($750.00) for each violation thereof. Any person under the age of seventeen (17)
who violates Section 9.36.030 or Section 9.36.040 shall, in addition to paying the above fine,
complete not less than fifty (50) hours and not more than one hundred (100) hours of public or
community service. Any person seventeen (17) years of age or older who violates Section
9.36.030 or Section 9.36.040 shall, in addition to paying the above fine, serve not less than one
(1) day and not more than thirty (30) days incarceration in a penal institution.
C.
Each violation of this ordinance, or everyday a violation continues to exist, shall
constitute a new and separate violation.
(Ord. No. 11-10-17-04, § 2, 10-17-2011)
229
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Oglesby, IL
Title 9. Public Peace, Morals and Welfare.
Chapter 9.60. Regulation of K2 and Other Synthetic Drugs.
9.60.010 Purposes.
9.60.020 Definitions.
9.60.030 General prohibition.
9.60.040 Penalty.
9.60.010 - Purposes.
This chapter is enacted to protect, preserve and promote the health, safety and welfare of the
citizens of the city of Oglesby by prohibiting the use, possession, distribution, or delivery of any
synthetic drug substance containing cannabinoid chemicals within the boundaries of the city of
Oglesby.
(Ord. No. 773-101711, § 2, 10-17-2011)
9.60.020 - Definitions.
As used in this article, the following words and/or phrases shall have the following meanings as
set forth herein:
1.
"Mind altering" substances means any substance whether described as tobacco, herbs,
incense, spice, salts or any other description or blend thereof, regardless of whether the substance
is marketed for the purpose of being smoked or for human consumption, which if smoked,
burned, inhaled or taken orally causes intoxication, euphoria, or any other mind-altering effect.
For purposes of this section, "mind-altering substances" shall not include medications for which
the possessing party holds a valid prescription, or beer, wine or intoxicating liquor.
2.
"Use" means the partaking, inhaling, smoking, consumption, ingestion or injection of any
type of synthetic cannabinoid substance or other similar drug such as "K2";
3.
"Deliver" means the actual, constructive, or attempted transfer from one person to
another of cannabinoid substances or other similar drugs such as "K2." Whether or not there is an
agency relationship, and includes a sale;
4.
"Cannabinoid" includes, but not limited to, any material compound, mixture or
preparation containing any quantity of the following substances having a stimulant effect on the
central nervous system, to include but not limited to:
1.
Salvia divinorum 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
230
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
plant, and every compound, manufacturer, salts derivative, mixture, or preparation of such plant,
its seeds or extracts,
2.
(6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(methyloctan-2-yl)-6a, 7, 10atetranhydrobenzo c chromen-1-ol, commonly known as HU-210,
3.
1-Penthyl-3-(1_naphthoyl)indole, commonly known as JWH-018 Spice or K2,
4.
1-Butyl-3(1_naphthoyl)indole, commonly known as JWH-073,
5.
N-benzylpiperazine, commonly known as BZP,
6.
1-3(3-trifloromethylphenyl piperazine), commonly known as TFMPP,
7.
Any other synthetic cannabinoid, or
Any similar substances to the above which when inhaled, or otherwise ingested, may produce
intoxication, stupefication, giddiness, paralysis, irrational behavior, or in any manner, changes,
distorts, or disturbs the auditory, visual, or mental process, and the product or substance has no
other apparent legitimate purpose for consumers.
Illegal products include the products marketed under the following commercial names: Blaze,
Dascents, Diablo, Fire N' Ice, Genie, K2, K2 Summit, K-2 Sec, KO Knock-Out 2, Mojo, Pandora
Potpourri, Pep Spice, Safe, Saliva Divinorum, Sense, Silver, Skunk, Solar Flare, Spice, Spice
Cannabanoid, Spice Diamond, Spice Gold, Spicy Green, Yucatan Fire, and Zohai.
5.
"Possess" means with the knowledge of the presence and nature of a substance, either
actually or constructively in control of a substance. A person has actual possession if he or she
has the substance on his person or within easy reach and convenient control. A person who,
although not in actual possession, has the power and intention at a given time to exercise
dominion or control over the substance either directly or through another person or person is in
constructive possession of it.
(Ord. No. 773-101711, § 2, 10-17-2011)
9.60.030 - General prohibition.
It shall be unlawful for any person to use, possess, purchase, sell, publicly display for sale or
attempt to sell, give, or barter any of the substances mentioned in Section 9.60.020 within the
city limits of the city of Oglesby.
(Ord. No. 773-101711, § 2, 10-17-2011)
231
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
9.60.040 - Penalty.
Any person who shall violate any provision of this article shall upon conviction, be fined in an
amount not less than two hundred fifty dollars nor more than seven hundred fifty dollars.
(Ord. No. 773-101711, § 2, 10-17-2011)
9.56.010 - Purposes.
This chapter is enacted to protect, preserve and promote the health, safety and welfare of the
citizens of the city of Oglesby by prohibiting the use, possession, distribution, or delivery of any
substance containing MDPV as hereinafter defined, it being the specific finding of the city of
Oglesby that such substances have a dangerous effect upon anyone using and/or ingesting said
substances and have no medicinal or beneficial purposes.
(Ord. No. 771-091911, § 1, 9-19-2011)
9.56.020 - Definitions.
As used in this article, the following words and/or phrases shall have the following meanings as
set forth herein:
1.
"Use," the partaking, inhaling, smoking, consumption, ingestion or injection of MDPV;
2.
"Deliver," the actual, constructive, or attempted transfer from one person to another of
MDPV, whether or not there is an agency relationship, and includes a sale;
3.
"Distribute," to deliver other than by administering or dispensing MDPV;
4.
"MDPV," includes any material, compound, mixture or preparation containing any
quantity of the following substances having a stimulant effect on the central nervous system,
including their sales, isomers and salts of isomers of3.4 Methylenedioxyprovalerone (MDPV),
Methylone, Mephedrone, 4-Methozy-methcathinone, 4-Fluoromethcathinone, and 3Fluoromethcathinone.
5.
"Possess" means with the knowledge of the presence and nature of a substance, either
actually or constructively in control of a substance. A person has actual possession if he has the
substance on his person or within easy reach and convenient control. A person who, although not
in actual possession, has the power and intention at a given time to exercise dominion or control
over the substance either directly or through another person or persons is in constructive
possession of it.
(Ord. No. 771-091911, § 1, 9-19-2011)
232
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contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
9.56.030 - General prohibition.
It shall be unlawful for any person to use, possess, distribute or deliver any substance containing
MDPV as defined in this article.
(Ord. No. 771-091911, § 1, 9-19-2011)
9.56.040 - Severability.
If any part of this ordinance is found to be unconstitutional, invalid or unenforceable by a court
of competent jurisdiction, such invalidity shall not affect the validity or effectiveness of the
remaining provisions of this ordinance or any part thereof and said ordinance shall be read as if
said invalid provision was struck there from and the context thereof changed accordingly with
the remainder of the ordinance to be and remain in full force and effect.
(Ord. No. 771-091911, § 1, 9-19-2011)
9.56.050 - Conflict.
All ordinances or parts of other ordinances in conflict herewith shall be and hereby are repealed
to the extent of any such conflict, provided that nothing herein shall in any way excuse or
prevent prosecution of any previous or existing violation of any ordinance or part of any
ordinance repealed or superseded hereby. Nothing in this ordinance shall be construed to affect
any suit or proceeding now pending in any court, any rights acquired, and liability incurred, any
cause of action acquired or existing by reason of this ordinance or any part thereof repealed by
this ordinance. No accrued legal right or remedy of any kind or character shall be lost, impaired
or affected by this ordinance.
(Ord. No. 771-091911, § 1, 9-19-2011)
9.56.060 - Penalty.
Any person who shall violate any provision of this article shall, upon conviction, be fined in an
amount not less than two hundred fifty dollars nor more than seven hundred fifty dollars.
(Ord. No. 771-091911, § 1, 9-19-2011)
233
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Roselle, IL
ORDINANCE AMENDING CHAPTER 13, OFFENSES - MISCELLANEOUS,
ARTICLE VI,
ADDING A NEW SECTION 13-93 SYNTHETIC ALTERNATIVE DRUGS
WHEREAS, the Corporate Authorities for the Village of Roselle has determined it is in the best
interest of the Village of Roselle to adopt an ordinance which bands many forms of synthetic or
alternative Drugs.
WHEREAS, the Village of Roselle has encountered products being sold at a retail business
within its corporate boundaries containing compounds originally designed as synthetic
alternatives, as well our officers have seized these compounds from arrestees (i.e., synthetic
cannabinoids, synthetic stimulants and/or synthetic psychedelic/hallucinogens) to prohibited
controlled substances such as tetrahydrocannabinol (THC), cathinone, methcathinone, MDMA
and MDEA; and
WHEREAS, the Village of Roselle finds that products containing such synthetic alternatives
may be purchased for recreational use currently as an alternative to otherwise regulated
controlled substances banned at the Federal, State, and local levels; and
WHEREAS, the Village of Roselle finds that products containing synthetic cannabinoids,
synthetic stimulants and synthetic psychedelic/hallucinogens are particularly attractive to
children and young adults due to their availability in small packages at neighborhood stores at
minimal costs, as well as due to the names being given to these substances which are intended to
appeal to children and young adults, as set forth on Exhibit "A" attached hereto; and
WHEREAS, the Drug Enforcement Administration ("DEA") has determined that the
consumption of synthetic cannabinoids can have adverse health effects such as agitation, anxiety,
nausea, vomiting, tachycardia, elevated blood pressure, tremors, seizures, hallucinations,
paranoid behavior and non-responsiveness; and
WHEREAS, the DEA has determined that consumption of synthetic stimulants affect alertness,
and have been linked to severe psychotic episodes, increased heart rates, panic attacks, and
hallucinations; and
WHEREAS, the American Association of Poison Control Centers reported 5,209 exposures to
synthetic cannabinoid-related in 2012 alone; and
WHEREAS, the Village of Roselle is also aware of fatal overdoses in other Illinois communities
and in other States, which are believed to have resulted from the users’ consumption of synthetic
stimulants, cannabinoids, or psychedelic/hallucinogens; and
234
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
WHEREAS, the Village of Roselle deems it necessary and desirable to prohibit the sale,
delivery, possession and use of products containing synthetic cannabinoids, synthetic stimulants
and synthetic psychedelic/hallucinogens in order to protect the public health, safety, morals and
welfare of the citizens of Roselle.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF ROSELLE, DU PAGE, AND COOK COUNTIES, ILLINOIS, as
follows:
SECTION ONE: That Article VI, Chapter 13 of the Village Code of the Village of
Roselle, entitled "Offenses Miscellaneous," is hereby amended by adding thereto a new Article
93., as follows:
"CHAPTER 13
OFFENSES - MISCELLANEOUS
ARTICLE 9 3. SYNTHETICAL ATERNATIVE DRUGS
Section:
· 13-93-1 - Definitions.
· 13-93-2 - Sale or Delivery.
· 13-93-3 - Possession.
· 13-93-4 - Use.
· 13-93-5 - Violation- Penalty.
13-93-1: DEFINITIONS:
For purposes of this Article, the following definitions shall apply unless the context clearly
indicates or requires different meaning:
A. PRODUCT CONTAINING A SYNTHETIC ALTERNATIVE DRUG: any product
containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are
defined herein such as, but not limited to, the examples of brand names or identifiers listed on
Exhibit "A" attached hereto and incorporated herein.
B. SYNTHETIC CANNABINOID: any laboratory-created compound that functions similar to
the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any
quantity of a natural or synthetic material, compound, mixture, preparation, substance and their
analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid
receptor agonist, including, but not limited to:
· JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole)
· JWH-015 ((2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone)
235
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
· JWH-018 (1-pentyl-3-(1-naphthoyl)indole)
· JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole)
· JWH-073 (naphthalen-1-yl-(1-butylindo1-3-yl)methanone)
· JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)
· JWH-098(4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone)
· JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole)
· JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
· JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone)
· JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone
· JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindo1-3-yl)methanone
· JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole)
· JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole)
· JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole)
· HU-210((6aR,1OaR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,1Oatetrahydrobenzo [c]chromen-1-ol)
· HU-211((6aS,1OaS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-a,7,10,1Oatetrahydrobenzo [c]chromen-1-ol)
· HU-308([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4bicyclo[3.1.1]hept-3-enyl] methanol)
· HU-331((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl2,5-cyclohexadiene-1,4-dione)
· CP55,940(2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2yl)phenol)
· CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2- yl)phenol) and its
homologues
236
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
· WIN55,212-2((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de)-1,4benzoxazin-6-yl]-1-nepthalenylmethanone)
· RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone)
· RCS-8(1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone)
C. SYNTHETIC STIMULANT: any compound that mimics the effects of any federally
controlled Schedule I substance such as cathinone, methcathinone, MDMA and M D E A,
including, but not limited to, any quantity of a natural or synthetic material, compound, mixture,
preparation, substance and their analog (including salts, isomers, and salts of isomers) containing
substances which have a stimulant effect on the central nervous system, including, but not
limited to:
• 3-Fluoromethcathinone
• 4-Fluoromethcathinone (other name: flephedrone)
• 3,4-Methylenedioxymethcathinone (other name: methylene, MDMC)
• 3,4-Methylenedioxypyrovalerone (other name: MDPV)
• 4-Methylmethcathinon (other names: mephedrone, 4-MMC)
• 4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC)
• 4-Ethylmethcathinone (other name: 4-EMC)
• Ethcathinone
• Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MBDB)
• Napthylpyrovalerone (other names: naphyrone, NRG-1)
• N,N-dimethylcathinone (other name: metamfepramone)
• Alpha-pyrrolidinopropiophenone (other name: alpha-PPP)
• 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
• 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP)
• Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
237
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
• 6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxal-6-amine) (other name: MDAI)
• Any compound that is structurally derived from 2-amino-1-phenyl-1 propanone by
modification or substitution in any of the following ways:
− in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl ring by one or more other univalent
substituents;
− at the 3-position with an alkyl substituent;
− at the nitrogen atom with alkyl, dialkybenzyl, or methoxybenzyl groups;
− or by inclusion of the nitrogen atom in a cyclic structure.
D. SYNTHETIC PSYCHEDELIC/HALLUCINOGEN: any compound that mimics the effects of
any federally controlled Schedule I substance, including but not limited to, any quantity of a
natural or synthetic material, compound, mixture, preparation, substance and their analog
(including salts, isomers, esters, ethers and salts of isomers) containing substances which have a
psychedelic/ hallucinogenic effect on the central nervous system and/or brain, including, but not
limited to:
• 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
• 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
• 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
• 2-(4-lodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
• 2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
• 2-(4-(lsopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
• 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
• 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
• 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
13-93-2: SALE OR DELIVERY:
238
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
It shall be unlawful for any person to sell, offer for sale or deliver any product containing a
synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
13-93-3: POSSESSION:
It shall be unlawful for any person to knowingly possess a product containing a synthetic
cannabinoid, stimulant or psychedelic/hallucinogen.
13-93-4: USE:
It shall be unlawful for any person to be under the influence of a synthetic cannabinoid, stimulant
or psychedelic/hallucinogen.
13-93-5: VIOLATION- PENALTY:
Any person, firm, corporation or other legal entity violating any provision of this chapter shall,
upon conviction be fined as contained within section 1-8.1 alternative settlement/fines for certain
violations/administrative adjudication. Each day that a violation exists with respect to display
and offer for sale of drug paraphernalia and each separate occurrence of sale of drug
paraphernalia shall constitute separate offenses.
for each offense; and a separate offense shall be deemed committed on each day during or on
which a violation occurs or continues.
SECTION TWO: That all ordinances and resolutions, or parts thereof, in conflict with the
provisions of this Ordinance are, to the extent of such conflict, expressly repealed.
SECTION THREE: That if any part of this Ordinance is declared invalid by a court of competent
jurisdiction, such partial invalidity shall not affect the remainder of this Ordinance.
SECTION FOUR: That this Ordinance shall be in full force and effect ten (10) days from and
after its passage, approval and publication in pamphlet form as provided.
PASS AND APPROVED THIS 23rd DAY OF SEPTEMBER, 2013.
PUBLISHED THIS 24th DAY OF SEPTEMBER, 2013.
EXHIBIT “A”
2010
8-Ball
Aztec Gold
Salvia
D-Rail
Da Block
Dark Night II
Genie
Gold Spirit Spice
Green Monkey Chronic
239
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Aztec Midnight Wind Tezcatlipoca
Back Draft
Bad 2 the Bone
Banana Cream Nuke
Bayou Blaster
Black Diamond
Black Magic Salvia
Black Mamba
Blueberry Hayze
Bombay Blue
Blueberry
Buzz
C3
Strawberry
C4
C4 Herbal Incense
Strength Cinnamon
Caneff
Cherry Bomb
Chill Out
Chill X
Chronic Spice
Citrus
Colorado Chronic
K2 Orisha Max
K2 Orisha Regular
K2 Orisha Super
K2 Orisha White Magic Super
K2 Peach
K2 Pina Colada
K2 Pineapple
K2 Pineapple Express
K2 Pink
K2 Pink Panties
(K2 Summit)
K2 Sex
K2 Silver
K2 Solid Sex on the Mountain
K2 Standard
K2 Strawberry
K2 Summit
K2 Summit Coffee Wonk
K2 Thai Dream
Demon
Diamond Spirit
Dragon Spice
Dream
Earthquake
Eruption Spice
Euphoria
exSES
Ex-SES Platinum
Ex-SES Platinum
Greenies Strawberry
Heaven Improved
Heavenscent Suave
Humboldt Gold
Jamaican Gold
K Royal
K1 Gravity
K1 Orbit
K2
K2 (unknown variety)
EX-SES Platinum Cherry
EX-SES Platinum
K2 Amazonian Shelter
K2 Blonde
EX-SES Platinum Vanilla
Fire Bird Ultimate
K2 Blue
K2 Blueberry
Forest Humus
Freedom
Fully Loaded
Funky Monkey
Funky Monkey XXXX
G Four
G Greenies Caramel Crunch
K3 Grape
K3 Heaven Improved
K3 Heaven Legal
K3 Kryptonite
K3 Legal
K3 Legal – Earth (silver)
K3 Legal – Original (Black)
K3 Legal – Sea (silver)
K3 Legal – Sun (Black)
K3 Mango
K2 Citron
K2 Cloud9
K2 Kryptonite
K2 Latte
K2 Mellon
K2 Mint
K2 Orisha Black Magic Max
Legal Eagle Apple Pie
Love Potion 69
Love Strawberry
Magic Dragon Platinum
Magic Gold
Magic Silver
Magic Spice
Mega Bomb
Mid-Atlantic Exemplar
Mid-Atlantic Exemplar
K3 Original
K3 Original Improved
K3 Strawberry
K3 Sun
K3 Sun Improved
K3 Sun Legal
K3 XXX
K4 Bubble Bubble
Midnight Chill
MNGB Almond/Vanilla
MNGB Peppermint
MNGB Pinata Colada
MNGB Spear Mint
MNGB Tropical Thunder
Moe Joe Fire
Mojo
240
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
K2 Ultra
K2 Watermelon
K3
K3 Blueberry
K3 Cosmic Blend
K3 Dusk
New Improved K3 Kryptonite
New K3 Earth
New K3 Heaven
New K3 Improved
New K3 Sea Improved
New-Kron Bomb
Nitro
Ocean Blue
Paradise
p.e.p. pourri Love Strawberry
p.e.p. pourri Original Spearmint
p.e.p. pourri Twisted Vanilla
p.e.p. pourri X Blueberry
Pink Tiger
Potpourri
Potpourri Gold
POW
Blueberry
Pulse
Strawberry
Rasta Citrus Spice
Strawberry
Rebel Spice
Vanilla
Red Bird
S1. S Werve
Samurai Spirit
Sativah
SYN Vanilla #2
Texas Gold
Time Warp
Tribal Warrior
Ultra Cloud 10
Unknown cigarette
Utpoia
Utopia-Blue Berry
Voo Doo Remix (black package)
K4 Gold
K4 Purple Haze
K4 Silver
K4 Summit Remix
Kind Spice New
Legal Eagle
Scope Vanilla
Scope Wildberry
Sence
Shanti Spice
Shanti Spice Blueberry
Silent Black
Skunk
Smoke
Smoke Plus
Space
Spice Artic Synergy
Spice Diamond
Spice Gold
Spice Silver
Spice Tropical Synergy
Spicey XXX
Spicey Regular XXX
Mr. Smiley’s
MTN-787
Mystery
Naughty Nights
Improved K3 Cosmic Blend
New Improved K3 Dynamite
Spike 99 Ultra Blueberry
Spike 99 Ultra Cherry
Spike 99 Ultra Strawberry
Spike Diamond
Spike Gold
Spike Maxx
Spike Silver
Stinger
Summer Skyy
Super Kush
Super Summit
Swagger Grape
SYN Chill
SYN Incense LemonLime
SYN Incense Smooth
SYN Incense Spearmint
SYN Lemon Lime
Spicey Regular XXX
SYN Lemon Lime #2
Spicey Ultra Strong XXX
SYN Smooth
Spicey Ultra Strong XXX
SYN Spearmint
Spicylicious
Spike99
Spike 99
Spike 99 Ultra
SYN Spearmint #2
SYN Suave
SYN Swagg
SYN Vanilla
241
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Voodoo Child
Voodoo Magic
Voodoo Remix
Who Dat
Who Date Herbal Incense
Wicked X
Winter Boost
Wood Stock
XTREME Spice
Yucatan Fire
Zombie World
242
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Salem, IL
Chapter 13. Offenses and Miscellaneous Provisions.
Article I. In General.
Sec. 13-7. Use and sale and possession of certain chemicals being marketed as "bath salts"
prohibited.
(a) It is unlawful for any persons or corporation knowing, or under circumstances where one
reasonably should know, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any
persons or corporations any product containing the following chemicals: JWH-018, JWH-200,
JWH-073, CP-47, 497, Cannabicyclohexanol, 3.4 Methylenedioxyprovalerone (MDPV),
Methylone, Mephedrone, 4-Methoxymethcathinone, 4-Fluoromethcathinone, and 3Fluoromethcathinone, and marketed as, but not limited to incense, potpourri, plant fertilizers,
insect repellants, or bath salts; and
(b) It is unlawful for any person or corporation knowing, or under circumstances where one
reasonably should know, to display for sale or possess with intent to distribute any product
containing the following chemicals: JWH-018, JWH-200, JWH-073, CP-47, 497,
Cannabicyclohexanol, 3.4 Methylenedioxyprovalerone (MDPV), Methylone, Mephedrone, 4Methoxymethcathinone, 4-Fluoromethcathinone, and 3-Fluoromethcathinone, and marketed as,
but not limited to incense, potpourri, plant fertilizers, insect repellents, or bath salts; and
(c) It is 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 following chemicals: JWH018, JWH-200, JWH-073, CP-47, 497, Cannabicyclohexanol, 3.4Methylenedioxyprovalerone
(MDPV), Methylone, Mephedrone, 4-Methoxymethcathinone, 4-Fluoromethcathinone, and 3Fluoromethcathinone, and marketed as, but not limited to incense, potpourri, plant fertilizers,
insect repellents, and bath salts.
(d) Any person who violates these provisions shall upon conviction, be fined not less than one
hundred dollars ($100.00), nor more than seven hundred fifty dollars ($750.00).
(Ord. No. 2011-12, § I, 8-1-11)
243
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Springfield, IL
§ 131.07. - Possession of cannabis or the synthetic form commonly known as K2 prohibited.
(a)
No person shall possess 2.5 grams or less of any substance containing cannabis, or the
synthetic form of cannabis, 1-pentyl-3-(1-napthoyl) indole, commonly known as K2.
(b)
For the purpose of this section, cannabis includes marijuana, hashish and other substances
which are identified as including any parts of the plant cannabis sativa, whether growing or not;
the seeds thereof, the resin extracted from any part of such plant; and any compound,
manufacture, salt, derivative, and all other cannabinol derivatives, including its naturally
occurring or synthetically produced ingredients, whether produced directly or indirectly by
extraction, or independently by means of chemical synthesis or by a combination of extraction
and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from
such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture,
salt, derivative, mixture or preparation of such mature stalks (except the resin extracted
therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of
germination.
(c)
For every violation of this section, $100 of the penalty imposed pursuant to section
131.99 shall be deposited into the city's marijuana leaf identification fund.
(Ord. No. 90-02-09, § 1, 2-3-09; Ord. No. 230-06-10, § 1, 6-1-10)
244
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
West Chicago, IL
Chapter 11. Offenses and Miscellaneous Provisions.
Article II. Offenses.
Division 7. Affecting Sex, Morals and Public Decency.
Sec. 11-94. Synthetic alternative drugs.
(a) Definitions. For purposes of this article, the following definitions shall apply unless the
context clearly indicates or requires different meaning:
A product containing a synthetic alternative drug means any product containing a synthetic
cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein.
Synthetic cannabinoid means any laboratory-created compound that functions similar to the
active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any
quantity of a natural or synthetic material, compound, mixture, preparation, substance and their
analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid
receptor agonist, such as:
(1) JWH-007 (1-penty1-2-methyl-3-(1-naphthoyl)indole);
(2) JWH-015 ((2-Methyl-1-propyl-1H-indo1-3-y1)-1-naphthalenylmethanone);
(3) JWH-018 (1-penty1-3-(1-naphthoyl)indole);
(4) JWH-019 (1-hexy1-3-(naphthalen-l-oyl)indole);
(5) JWH-073 (naphthalen-l-y1-(1-butylindol-3-yl)methanone);
(6) JWH-081 (4-methoxynaphthalen-l-y1-(1-pentylindol-3-yl)methanone);
(7) JWH-098 (4-methoxynaphthalen-l-y1-(1-penty1-2-methylindo1-3- yl)methanone);
(8) JWH-122 (1-Penty1-3-(4-methyl-l-naphthoyl)indole);
(9) JWH-164 (7-methoxynaphthalen-l-y1-(1-pentylindol-3-yl)methanone;
(10) JWH-200 (1-(2-morpholin-4-ylethypindo1-3-y1)-naphthalen-l-ylmethanone);
(11) JWH-203 (2-(2-chloropheny1)-1-(1-pentylindol-3-y)thanone;
(12) JWH-210 (4-ethylnaphthalen-l-y1-(1-pentylindol-3-yl)methanone;
245
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(13) JWH-250 (1-penty1-3-(2-methoxyphenylacetypindole);
(14) JWH-251 (1-penty1-3-(2-methylphenylacetypindole);
(15) JWH-398 (1-penty1-3-(4-chloro-l-naphthoypindole);
(16) HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethy1-3-(2-methyloctan-2-y1)6a,7,10,10a- tetrahydrobenzo [c]chromen-l-ol);
(17) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethy1-3-(2-methyloctan-2-y1)6a,7,10,10a- tetrahydrobenzo [c]chromen-l-ol);
(18) HU-308 ([(1R,2R,5R)-242,6-dimethoxy-4-(2-methyloctan-2-yl)pheny1]-7,7-dimethy1-4bicyclo[3.1.1]hept-3-enyl] methanol);
(19) HU-331 ((3-hydroxy-2-[(1R,6R)-3-methy1-6-(1-methyletheny1)-2-cyclohexen-1-y1]- 5penty1- 2,5-cyclohexadiene-1,4-dione);
(20) CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]- 5-(2- methyloctan2-yl)phenol);
(21) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2-yl)phenol) and its
homologues;
(22) WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de)1,4- benzoxazin-6-y1]-1- nepthalenylmethanone);
(23) RCS-4 ((4-methoxyphenyl)(1-penty1-1H-indo1-3-y1)methanone);
(24) RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indo1-3-y1)-2-(2-methoxyphenypethanone).
Synthetic stimulant means any compound that mimics the effects of any federally controlled
Schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not
limited to, any quantity of a natural or synthetic material, compound, mixture, preparation,
substance and their analog (including salts, isomers, and salts of isomers) containing substances
which have a stimulant effect on the central nervous system, such as:
(1) 3-Fluoromethcathinone;
(2) 4-Fluoromethcathinone (other name: flephedrone);
(3) 3,4-Methylenedioxymethcathinone (other name: methylone, MDMC);
246
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(4) 3,4-Methylenedioxypyrovalerone (other name: MDPV);
(5) 4-Methylmethcathinon (other names: mephedrone, 4-MMC);
(6) 4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC);
(7) 4-Ethylmethcathinone (other name: 4-EMC);
(8) Ethcathinone;
(9) Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MBDB);
(10) Napthylpyrovalerone (other names: naphyrone, NRG-1);
(11) N,N-dimethylcathinone (other name: metamfepramone);
(12) Alpha-pyrrolidinopropiophenone (other name: alpha-PPP);
(13) 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP);
(14) 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP);
(15) Alpha-pyrrolidinovalerophenone (other name: alpha-PVP);
(16) 6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxa1-6-amine) (other name: MDAI);
(17) Any compound that is structurally derived from 2-amino- 1-phenyl-l-propanone by
modification or substitution in any of the following ways:
a. In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl ring by one or more other univalent
substituents;
b. At the 3-position with an alkyl substituent;
c. At the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
d. By inclusion of the nitrogen atom in a cyclic structure.
Synthetic psychedelic/hallucinogen means any compound that mimics the effects of any federally
controlled Schedule I substance, including but not limited to, any quantity of a natural or
synthetic material, compound, mixture, preparation, substance and their analog (including salts,
247
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
isomers, esters, ethers and salts of isomers) containing substances which have a
psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
(1) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(2) 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
(3) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
(4) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
(5) 2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
(6) 2-(4-(Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
(7) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(8) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
(9) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
(b) Sale or delivery unlawful. It shall be a violation of this section for any person to sell, offer for
sale or deliver any product containing a synthetic cannabinoid, stimulant or
psychedelic/hallucinogen including, but not limited to, the following:
POW
Wicked X
XTREME Spice
Spice Gold
K2 Summit
Stinger
Swagger Grape
Love Strawberry
Pulse
Spice Gold
Shanti Spice Blueberry Mystery
Pulse
Aztec Midnight Wind Bad 2 the Bone
Black Mamba
Tezcatlipoca
Dragon Spice
Naughty Nights
Sativah
Samurai Spirit
K2 Watermelon
Mid-Atlantic
Exemplar
Buzz
Black Mamba
(K2 Summit)
Midnight Chill
Green Monkey Chronic Salvia
Aztec Gold
K Royal
Voodoo Remix
K2 Summit
Spicylicious
G Greenies Caramel Crunch
Ultra Cloud 10
Shanti Spice
248
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Black Diamond
Colorado Chronic
K3 Grape
Blueberry Hayze
K3 Kryptonite
K3 Strawberry
Eruption Spice
Funky Monkey XXXX K3 Blueberry
Love Strawberry
K2 Blue
Earthquake
Voodoo Child
K2 Blonde
Ocean Blue
Mid-Atlantic Exemplar
K2 Pink
G Four
K2 Summit
K2 Citron K2
Wood Stock
Magic Dragon Platinum
Mellon K2
K3 Legal
Fire Bird Ultimate
Pineapple
Who Dat
Strength Cinnamon
K2 Standard
Dark Night II
Nitro
K2 Summit
Spike 99 Ultra
Black Magic Salvia
Si. S Werve
2010
Black Mamba
Chronic Spice
Zombie World
K2 Strawberry
K3 Mango
SYN Swagg
K2 Blueberry
K3 Original
SYN Smooth
SYN Spearmint
Magic Spice
SYN Incense Smooth
SYN Spearmint #2
Voodoo Magic
SYN Incense Spearmint
SYN Chill
Texas Gold
SYN Incense LemonLime
SYN Suave
Demon
Super Summit
Heavenscent Suave
K3
D-Rail
SYN Vanilla
K2 Pink Panties
K2 Peach
SYN Vanilla #2
Heaven Improved
Funky Monkey
SYN Lemon Lime
K3 Sun
K2 Summit Coffee Work
SYN Lemon Lime #2
K3 Dusk
K3 Legal - Original (Black)
New K3 Improved
K3 Original Improved K3 Legal - Sun (Black)
C4 Herbal Incense
K2 Summit
K3 Legal - Sea (silver)
New Improved K3 Cosmic Blend
New K3 Heaven
K3 Legal - Earth (silver)
New Improved K3 Dynamite
New K3 Earth
K2 Cloud 9
New Improved K3 Kryptonite
New K3 Sea Improved Greenies Strawberry
Utopia
New-Kron Bomb
K2 Blonde
Utopia-Blue Berry
Cherry Bomb
K2 Standard
249
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Euphoria
Rebel Spice
K2 Citron
Who Dat Herbal Incense
Mega Bomb
K2 (unknown variety)
Love Potion 69
Mr. Smiley's
K2 Summit Space
Legal Eagle
Summer Skyy
K2 Blue
K2 Standard
Moe Joe Fire
K2 Pink
Super Kush
Fully Loaded
K2 Latte
Bayou Blaster
Da Block
K2 Mint
Paradise
Back Draft
K2 Silver
Red Bird
K1 Orbit
K2 Peach
K1 Gravity
C3
Spike Gold
Spike Maxx
Banana Cream Nuke
Humboldt Gold
Spike Diamond
K4 Silver
K2 Orisha Regular
Spike Silver
K4 Gold
K2 Orisha Max
K2 Strawberry
K3 Heaven Improved
K2 Orisha Super
K2 Pineapple Express
K3 Heaven Legal
K2 Amazonian Shelter
K2 Blueberry
K3 Sun Legal
K2 Solid Sex on the Mountain
K2 Pink
K3 Sun Improved
Midnight Chill
K2 Blonde
K3 Kryptonite
Unknown cigarette
K2 Summit
K3 XXX
Freedom
K2 Citron
K3 Cosmic Blend
K2 Sex
K2 Ultra
K3 Original
K2 Orisha White Magic Super
K2 Blue
C4
K2 Orisha Black Magic Max
MNGB Tropical Thunder
K1 Gravity
K2 Thai Dream
MNGB Pinata Colada
K1 Orbit
K4 Bubble Bubble
MNGB Almond/Vanilla
K2 Pina Colada
MTN-787
MNGB Peppermint
K3 Kryptonite
K2 Kryptonite
MNGB Spear Mint
K3 XXX
Legal Eagle Apple
p.e.p. pourri Twisted Vanilla
K3 Cosmic Blend
Pie K4 Purple Haze
p.e.p. pourri Original Spearmint
K3 Original
K4 Summit Remix
p.e.p. pourri Love Strawberry
Rasta Citrus Spice
8-Ball
p.e.p. pourri X Blueberry
Kind Spice
C4
250
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
K2 Summit
Time Warp
K2
Voo Doo Remix (oranage package)
Rasta Citrus Spice
Tribal Warrior
Voo Doo Remix (black package)
Pink Tiger
Spike99
exSES
Spice Gold
Spice Gold
Yucatan Fire Smoke
Cill Out
Spice Diamond
Skunk
Smoke
Spice Silver
Sence
Forest Humus
Genie
EX-SES Platinum Blueberry
Scope Vanilla
Spike 99
EX-SES Platinum Cherry
Scope Wildberry
Jamaican Gold
EX-SES Platinum Strawberry
Chill X
Potpourri
EX-SES Platinum Vanilla
Space
Winter Boost
Magic Silver
Silent Black
Citrus
Spice Artic Synergy
Sence
Spice Gold
Spice Diamond
Smoke
Spicey XXX
Spice Gold
Caneff
Spike 99
Spice Tropical Synergy
Spice Gold
Ex-SES Platinum
Spicey Regular XXX Blueberry
Gold Spirit Spice
Magic Gold
Spicey Regular XXX Strawberry
Yucatan Fire
Bombay Blue
Spicey Ultra Strong XXX Vanilla
Spice Diamond
Dream
Spicey Ultra Strong XXX
Strawberry
Smoke Plus
Spice Tropical Synergy
Spike 99 Ultra Blueberry
Magic Silver
Diamond Spirit
Spike 99 Ultra Cherry
Mojo
Platinum Strawberry
Spike 99 Ultra Strawberry
EX-SES
Spicey Ultra Strong XXX
Vanilla
Spike 99 Ultra Strawberry
(c) Possession unlawful. It shall be a violation of this section for any person to knowingly
possess a product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
(d) Use unlawful. It shall be a violation of this section for any person to be under the influence of
a synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
251
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(e) Penalty. Violation of any provision of section 11-94 shall result in a fine of not less than
seven hundred fifty dollars ($750.00) for each such offense. Each violation of this section, or
everyday a violation continues to exist, shall constitute a new and separate violation.
(Ord. No. 11-O-0064, § 2, 12-5-2011)
252
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Wheeling, IL
Title 8 – Public Peace and Safety.
Chapter 8.54. Cannabis and Other Intoxicating Compounds.
8.54.070 Synthetic alternative drugs.
(a) Definitions. For purposes of this article, the following definitions shall apply unless the
context clearly indicates or requires different meaning:
(1) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession,
with or without consideration, whether or not there is an agency relationship.
(2) "A product containing a synthetic alternative drug" means any product containing a synthetic
cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein.
(3) "Synthetic cannabinoid" means any laboratory-created compound that functions similarly to
the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any
quantity of a natural or synthetic material, compound, mixture, preparation, substance and their
analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid
receptor agonist, such as:
(A) JWH-007, (2-methyl-1-pentyl-1H-indol-3-yl)-1-naphthalenyl-methanone
(B) JWH-015, (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone
(C) JWH-018, 1-Pentyl-3-(1-naphthoyl)indole
(D) JWH-019, (1-hexyl-1H-indol-3-yl)-1-naphthalenyl-methanone
(E) JWH-073, 1-Butyl-3-(1-naphthoyl)indole
(F) JWH-081, 4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
(G) JWH-098, (4-methoxy-1-naphthalenyl)(2-methyl-1-pentyl-1H-indol-3-yl)-methanone
(H) JWH-122, 1-Pentyl-3-(4-methyl-1-naphthoyl)indole
(I) JWH-164, 7-methoxynaphthalen-l-y1-(1-pentylindol-3-yl)methanone
(J) JWH-200, [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1-naphthalenyl-methanone
(K) JWH-203, 2-(2-chlorophenyl)-1-(1-pentyl-1H-indol-3-yl)-ethanone
253
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(L) JWH-210, (4-ethyl-1-naphthalenyl)(1-pentyl-1H-indol-3-yl)-methanone
(M) JWH-250, 1-(1-pentyl-1H-indol-3-yl)-2-(2-methoxyphenyl)-ethanone
(N) JWH-251, 2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3-yl)-ethanone
(O) JWH-398, (4-chloronaphthalen-1-yl)(1-pentylindolin-3-yl)-methanone
(P) HU-210, (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo[c]chromen-1-ol
(Q) HU-211, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo[c]chromen-1-ol
(R) HU-308, 4-[4-(1,1-dimethylheptyl)-2,6-dimethoxyphenyl]-6,6-dimethyl-bicyclo[3.1.1]hept2-ene-2-methanol
(S) HU-331, 3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl2,5-cyclohexadiene-1,4-dione
(T) CP 55,940, 2-((1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl)-5-(2-methyloctan-2yl)phenol
(U) CP47,497, 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol and its C6, C8
and C9 homologs
(V) WIN 55,212-2, [2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4benzoxazin-6-yl]-1-naphthalenyl-methanone
(W) RCS-4, (4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone
(X) RCS-8, 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole
(Y) AM-694, 1-[(5-fluoropentyl)-1H-indol-3-yl]-(2-iodophenyl)methanone
(Z) AM1220, [1-[(1-methyl-2-piperidinyl)methyl]-1H-indol-3-yl]-1-naphthalenyl-methanone
(AA) AM-2201, [1-(5-fluoropentyl)-1H-indol-3-yl]-1-naphthalenyl-methanone
(BB) MAM-2201, [1-(5-fluoropentyl)-1H-indol-3-yl](4-methyl-1-naphthalenyl)-methanone
(CC) UR-144, (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)-methanone
(DD) XLR-11, (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
254
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(4) "Synthetic stimulant" means any compound that mimics the effects of any federally
controlled Schedule I or II substance such as cathinone, methcathinone, MDMA, MDEA and
amphetamine, including, but not limited to, any quantity of a natural or synthetic material,
compound, mixture, preparation, substance and their analog (including salts, isomers, and salts
of isomers) containing substances which have a stimulant effect on the central nervous system,
such as:
(A) 3-Fluoromethcathinone
(B) 4-Fluoromethcathinone (other name: flephedrone)
(C) 3,4-Methylenedioxymethcathinone (other names: methylone, MDMC)
(D) 3,4-Methylenedioxypyrovalerone (other name: MDPV)
(E) 4-Methylmethcathinone (other names: mephedrone, 4-MMC)
(F) 4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC)
(G) 2-Ethylmethcathinone (other name: 2-EMC)
(H) 3-Ethylmethcathinone (other name: 3-EMC)
(I) 4-Ethylmethcathinone (other name: 4-EMC)
(J) 2-Methylethcathinone (other name: 2-MEC)
(K) 3-Methylethcathinone (other name: 3-MEC)
(L) 4-Methylethcathinone (other name: 4-MEC)
(M) Ethcathinone
(N) Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MBDB)
(O) Napthylpyrovalerone (other names: naphyrone, NRG-1)
(P) N,N-dimethylcathinone (other name: metamfepramone)
(Q) Alpha-pyrrolidinopropiophenone (other name: alpha-PPP)
(R) 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
255
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(S) 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP)
(T) Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
(U) 6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxa1-6-amine) (other name: MDAI)
(V) Any compound that is structurally derived from 2-amino-l-phenyl-l-propanone by
modification or substitution in any of the following ways:
(i) In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl ring by one or more other univalent
substituents;
(ii) At the 3-position with an alkyl substituent;
(iii) At the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
(iv) By inclusion of the nitrogen atom in a cyclic structure.
(W) 2,3-diydro-1H-inden-2-amine (other name: 2-AI)
(X) 4-Fluoroamphetamine (other name: 4-FA)
(Y) Alpha-methyl-5-benzofuranethanamine (other name: 5-APB)
(Z) Alpha-methyl-6-benzofuranethanamine (other name: 6-APB)
(AA) 1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)-1-propanone (other names: bk-MDDMA or
Dimethylone)
(BB) 1-(benzo[d][1,3]dioxol-5-yl)-2-(ethylamino)propan-1-one (other names: bk-MDEA or
Ethylone)
(5) "Synthetic psychedelic/hallucinogen" means any compound that mimics the effects of any
federally controlled Schedule I substance, including, but not limited to, any quantity of a natural
or synthetic material, compound, mixture, preparation, substance and their analog (including
salts, isomers, esters, ethers and salts of isomers) containing substances which have a
psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
(A) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(B) 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
256
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(C) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
(D) 2-(4-lodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
(E) 2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
(F) 2-(4-(Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
(G) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(H) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
(I) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);
(J) N-(2-Methoxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine (other names: 25I-NBOMe or
2C-I-NBOMe);
(K) N-(2-Methoxybenzyl)-4-chloro-2,5-dimethoxyphenethylamine (other names: 25C-NBOMe
or 2C-C-NBOMe);
(L) 4-Chloro-2,5-dimethoxyamphetamine (other name: DOC).
(b) Sale or delivery unlawful. No person shall sell, offer for sale or deliver any product
containing a synthetic cannabinoid, a synthetic stimulant or a synthetic psychedelic/hallucinogen
including, but not limited to, those products set forth in subsection (e).
(c) Possession unlawful. No person shall knowingly possess a product containing a synthetic
cannabinoid, a synthetic stimulant or a synthetic psychedelic/hallucinogen, including, but not
limited to, those products set forth in subsection (e).
(d) Use unlawful. It shall be unlawful for any person to be under the influence of a synthetic
cannabinoid, a synthetic stimulant or a synthetic psychedelic/hallucinogen.
(e) The following products have been determined to contain synthetic cannabinoid, synthetic
stimulant or synthetic psychedelic/hallucinogen:
POW
Wicked X
XTREME Spice
Spice Gold
K2 Summit
Stinger
Swagger Grape
Love Strawberry
Pulse
Spice Gold
Shanti Spice Blueberry Mystery
257
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Pulse
Aztec Midnight Wind Bad 2 the Bone
Black Mamba
Tezcatlipoca
Dragon Spice
Naughty Nights
Sativah
Samurai Spirit
K2 Watermelon
Mid-Atlantic
Exemplar
Buzz
Black Mamba
(K2 Summit)
Midnight Chill
Green Monkey Chronic Salvia
Aztec Gold
K Royal
Voodoo Remix
K2 Summit
Spicylicious
G Greenies Caramel Crunch
Ultra Cloud 10
Shanti Spice
Black Diamond
Colorado Chronic
K3 Grape
Blueberry Hayze
K3 Kryptonite
K3 Strawberry
Eruption Spice
Funky Monkey XXXX K3 Blueberry
Love Strawberry
K2 Blue
Earthquake
Voodoo Child
K2 Blonde
Ocean Blue
Mid-Atlantic Exemplar
K2 Pink
G Four
K2 Summit
K2 Citron K2
Wood Stock
Magic Dragon Platinum
Mellon K2
K3 Legal
Fire Bird Ultimate
Pineapple
Who Dat
Strength Cinnamon
K2 Standard
Dark Night II
Nitro
K2 Summit
Spike 99 Ultra
Black Magic Salvia
Si. S Werve
2010
Black Mamba
Chronic Spice
Zombie World
K2 Strawberry
K3 Mango
SYN Swagg
K2 Blueberry
K3 Original
SYN Smooth
SYN Spearmint
Magic Spice
SYN Incense Smooth
SYN Spearmint #2
Voodoo Magic
SYN Incense Spearmint
SYN Chill
Texas Gold
SYN Incense LemonLime
SYN Suave
Demon
Super Summit
Heavenscent Suave
K3
D-Rail
SYN Vanilla
K2 Pink Panties
K2 Peach
SYN Vanilla #2
Heaven Improved
Funky Monkey
258
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
SYN Lemon Lime
K3 Sun
K2 Summit Coffee Work
SYN Lemon Lime #2
K3 Dusk
K3 Legal - Original (Black)
New K3 Improved
K3 Original Improved K3 Legal - Sun (Black)
C4 Herbal Incense
K2 Summit
K3 Legal - Sea (silver)
New Improved K3 Cosmic Blend
New K3 Heaven
K3 Legal - Earth (silver)
New Improved K3 Dynamite
New K3 Earth
K2 Cloud 9
New Improved K3 Kryptonite
New K3 Sea Improved Greenies Strawberry
Utopia
New-Kron Bomb
K2 Blonde
Utopia-Blue Berry
Cherry Bomb
K2 Standard
Euphoria
Rebel Spice
K2 Citron
Who Dat Herbal Incense
Mega Bomb
K2 (unknown variety)
Love Potion 69
Mr. Smiley's
K2 Summit Space
Legal Eagle
Summer Skyy
K2 Blue
K2 Standard
Moe Joe Fire
K2 Pink T
Super Kush
Fully Loaded
K2 Latte
Bayou Blaster
Da Block
K2 Mint
Paradise
Back Draft
K2 Silver
Red Bird
K1 Orbit
K2 Peach
K1 Gravity
C3
Spike Gold
Spike Maxx
Banana Cream Nuke
Humboldt Gold
Spike Diamond
K4 Silver
K2 Orisha Regular
Spike Silver
K4 Gold
K2 Orisha Max
K2 Strawberry
K3 Heaven Improved
K2 Orisha Super
K2 Pineapple Express
K3 Heaven Legal
K2 Amazonian Shelter
K2 Blueberry
K3 Sun Legal
K2 Solid Sex on the Mountain
K2 Pink
K3 Sun Improved
Midnight Chill
K2 Blonde
K3 Kryptonite
Unknown cigarette
K2 Summit
K3 XXX
Freedom
K2 Citron
K3 Cosmic Blend
K2 Sex
K2 Ultra
K3 Original
K2 Orisha White Magic Super
K2 Blue
C4
K2 Orisha Black Magic Max
259
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
MNGB Tropical Thunder
K1 Gravity
K2 Thai Dream
MNGB Pinata Colada
K1 Orbit
K4 Bubble Bubble
MNGB Almond/Vanilla
K2 Pina Colada
MTN-787
MNGB Peppermint
K3 Kryptonite
K2 Kryptonite
MNGB Spear Mint
K3 XXX
Legal Eagle Apple
p.e.p. pourri Twisted Vanilla
K3 Cosmic Blend
Pie K4 Purple Haze
p.e.p. pourri Original Spearmint
K3 Original
K4 Summit Remix
p.e.p. pourri Love Strawberry
Rasta Citrus Spice
8-Ball
p.e.p. pourri X Blueberry
Kind Spice
C4
K2 Summit
Time Warp
K2
Voo Doo Remix (orange package)
Rasta Citrus Spice
Tribal Warrior
Voo Doo Remix (black package)
Pink Tiger
Spike99
exSES
Spice Gold
Spice Gold
Yucatan Fire Smoke
Cill Out
Spice Diamond
Skunk
Smoke
Spice Silver
Sense
Forest Humus
Genie
EX-SES Platinum Blueberry
Scope Vanilla
Spike 99
EX-SES Platinum Cherry
Scope Wildberry
Jamaican Gold
EX-SES Platinum Strawberry
Chill X
Potpourri
EX-SES Platinum Vanilla
Space
Winter Boost
Magic Silver
Silent Black
Citrus
Spice Artie Synergy
Sence
Spice Gold
Spice Diamond
Smoke
Spicey XXX
Spice Gold
Caneff
Spike 99
Spice Tropical Synergy
Spice Gold
Ex-SES Platinum
Spicey Regular XXX Blueberry
Gold Spirit Spice
Magic Gold
Spicey Regular XXX Strawberry
Yucatan Fire
Bombay Blue
Spicey Ultra Strong XXX Vanilla
Spice Diamond
Dream
Spicey Ultra Strong XXX
Strawberry
Smoke Plus
Spice Tropical Synergy
Spike 99 Ultra Blueberry
Magic Silver
Diamond Spirit
260
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Spike 99 Ultra Cherry
Mojo
Platinum Strawberry
Spike 99 Ultra Strawberry
EX-SES
Spicey Ultra Strong XXX
Vanilla
Spike 99 Ultra Strawberry
(f) In addition to any other penalties provided by law and this Code, any person or store owner
convicted of selling any product containing synthetic cannabinoid, synthetic stimulant or
synthetic psychedelic/hallucinogen shall be subject to having their business license suspended or
revoked as provided in Section 4.08.120 of the village of Wheeling Code of Ordinances.
(Ord. No. 4731, § 2, 11-12-2012)
Back to Top 
261
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
INDIANA
Fowler, IN
Chapter 12. Offenses and Miscellaneous Provisions.
Article I. In General.
Sec. 12-2. - Intoxicating substances.
(a)
It is hereby declared unlawful for any person to sell, barter, give, publicly display for
sale, or attempt to sell, give or barter, or to possess, any herbal-based substance sold under the
name of K2, Spice, Acapulco Spices, Serenity Now, Spice Gold, Shokotsu, Afghan Incense,
Baked, Black Magic, Buzz, Cherry Charm, Fire Bird, Fire "N" Ice, Pulse, Solitude or Voodoo, or
any other herbal-based substance containing any of the following within the town limits of the
Town of Fowler, Indiana, to wit:
(1)
All parts of the plant presently classified botanically as Salvia divinorum, whether
growing or not, any extract from any part of such plant, and every compound, manufacture, salts
derivative, mixture or preparation of such plant, its seeds or its extracts;
(2)
HU-210, a substance also known as (6aR, 10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol;
(3)
JWH-018, a substance also known as Naphthalen-1-yl (1-pentylindol-3-yl)methanone;
(4)
JWH-073, a substance also known as Naphthalen-1-yl-(1-butylindol-3-yl)methanone;
(5)
TFMPP, a substance also known as 1-[3-(trifluoromethyl)phenyl]piperazine;
(6)
Cannabicyclohexanol, a substance also known as 2[(1R,3S)-3-hydroxycyclohexyl]-5-(2methylnonan-2-yl)phenol;
(7)
CP-47,497, a substance also known as 2-[1R,3S)-3-hydroxycyclohexyl]-5-(2methyloctan-2-yl)phenol;
(8)
JWH-250, a substance also known as 2-(2-methoxyphenyl)-1-(1-pentylindol-3yl)ethanone;
(9)
Or any similar structural analogs.
(b)
If any of the aforementioned substances are found in possession of any person, they may
be confiscated and destroyed by law enforcement officials as provided by law.
(c)
It is not an offense under subsection (a) above if the violation:
262
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(1)
Arises out of actions taken at the direction of an authorized agent of the Town of Fowler
to enforce or ensure compliance with this section;
(2)
Arises out of or in connection with a bona fide research or scientific endeavor funded by
public entities or nonprofit organizations.
(d)
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.
(e)
Any person found to be in violation with this section will be assessed a fine of $250.00.
Each day a violation occurs will constitute a separate offense.
(Ord. No. 2010-13, §§ 1—6, 10-1-2010)
263
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Franklin, IN
Title 9 – Public Peace and Welfare.
Chapter 9.28. Synthetic Cannabinoids Prohibited.
9.28.010 Synthetic cannabinoids prohibited/violations/penalties.
A. Products containing synthetic cannabinoids, such as 'K2', 'Spice', or similar products which
contain one or more of the following chemical compounds:
1. (6aR, 10aR)-9-(hydroxymethyl)-6, 6 dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10atetrahydrobenzo[c]chromen-1-ol, also known as HU-210;
2. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018;
3. 1-utyl-3-(1-napthoyl)indole, also known as JWH-073; and
4. Any other equivalent compound or derivative, shall not be sold, marketed, or offered for sale
within the city of Franklin, Indiana;
B. Products containing synthetic cannabinoids may not be burned, incinerated or ignited in any
public place or on any property owned, leased or controlled by the city of Franklin, Indiana;
C. Persons or entities violating the provisions of this section shall be guilty of an infraction
punishable by:
1. A fine of fifty dollars ($50.00) for the first violation;
2. A fine of one hundred fifty dollars ($150.00) for the second violation;
3. A fine of three hundred dollars ($300.00) for the third violation; and
4. A fine of one thousand dollars ($1,000.00) for fourth and subsequent violations.
D. In addition to the fines established by this section, violation of this chapter by a person or
entity who owns, manages, operates, or otherwise controls a public place or place of employment
may result in the suspension or revocation of any permit or license issued for the premises on
which the violation occurred.
E. Violation of this chapter is hereby declared to be a public nuisance, which may be abated by
the city of Franklin, Indiana Board of Works by restraining order, preliminary and permanent
injunction, or other means provided for by law, and the city may take action to recover the costs
of the nuisance abatement.
264
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
F. Each day on which a violation of this chapter occurs shall be considered a separate and
distinct violation.
G. The Franklin City Court and/or other court of competent jurisdiction will have jurisdiction
over such violations and penalties.
H. If, after multiple violations by the same person or entity, the city of Franklin, Indiana's Board
of Public Works and Safety determines that the imposition of fines will not be effective in
enforcing this chapter, other remedies may be sought to obtain compliance, including injunctive
relief.
(Ord. No. 10-15, § 1, 10-4-2010)
265
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Griffith, IN
Chapter 46. Offenses and Miscellaneous Provisions.
Article III. Offenses Against Morals.
Sec. 46-52. - Prohibition of the sale of substances containing synthetic cannabinoids.
(1)
Prohibited activity. For purposes of this section, the following conduct shall be prohibited
within the Town of Griffith:
(a)
Products containing synthetic cannabinoids ("products"), such as K2/Spice or similar
products which contain one or more of the following chemical compounds:
1.
(6aR, 10aR)-9-(hydroxymethyl)-6, 6-dimenthyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10atetrahydrobenzo[c] chromem-1-ol, also known as HU-201;
2.
1-Pentyl-3-(1-naphthoy)indole, also known as JWH-018;
3.
1-Butyl-3-(1-naphthly)indole, also known as JWH-073; or
4.
Any other equivalent compound or derivative;
Shall not be sold, marketed or offered for sale within the Town of Griffith, Indiana; and
(b)
Products containing synthetic cannabinoids ("products") may not be burned, incinerated
or ignited in any public place or on any property owned, leased or controlled by the Town of
Griffith.
(c)
That it is unlawful for any person, entity or retail/business establishment to sell, publicly
display for sale, or attempt to sell, give, or barter the products or any other synthetic
cannabinoids or synthetic equivalents of substances contained in the plant described as
"cannabis" or in the resinous extractives of "cannabis" 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 they do not. Because the nomenclature of these
substances and products are not internationally standardized, compounds of these structures,
regardless of the numerical designation of atomic position, are similarly prohibited.
(d)
That if any of the aforementioned substances or products is found in the possession of
any person or entity, such may be confiscated and destroyed by any law enforcement official as
provided by law, and any aforementioned substances or products reasonably suspended to be
described herein may be photographed as evidence pending adjudication of the alleged violation.
(2)
Enforcement. Enforcement of this section shall be by the Town of Griffith police
department, to the extent enforcement is not preempted by federal or state law.
266
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(3)
Violations and penalties.
(a)
Persons or entities violating the provisions of this section shall be subject to the penalty
of up to $2,500.00 per ordinance violation and each day the violation continues shall be
considered a separate ordinance violation.
(b)
The Griffith town attorney is authorized to bring a civil action pursuant to IC 36-1-6-4 to
enjoin any person or business from violating this section.
(Ord. No. 2010-47, 12-21-10)
267
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Indianapolis-Marion County, IN
Title II. Public Order and Safety.
Chapter 407. Offenses Against Public Order and Safety.
Article III. The Sale or Offering to Sell of Synthetic Cannabinoids.
Sec. 407-301. Findings.
Sec. 407-302. Sale of synthetic marijuana and or synthetic cannabinoids—Prohibited
Sec. 407-303. Definitions
Sec. 407-304. Enforcement.
Sec. 407-301. - Findings.
The city-county council finds that:
(a)
Substances containing synthetic cannabinoids have been marketed, sold, and offered to
the residents of Marion County, including minors;
(b)
The synthetic substances are sold or often known as Spice and K-2;
(c)
The synthetic substances are potentially dangerous to users and the long term effects on
consumers are not yet known;
(d)
Though, the products containing synthetic cannabis have not yet been tested by the Food
and Drug Administration (U.S. Department of Agriculture) for human consumption and may
contain chemicals detrimental to the health and welfare of those who ingest them, but the Drug
Enforcement Administration labeled it a "drug and chemical of concern in 2009;
(e)
law;
The substances are not yet categorized or controlled substances under State or Federal
(f)
The drug does not show up in drug test results and is considerably more potent than
similar amounts of cannabis;
(g)
Its usage by professional athletes has grown tremendously despite the illegality of
cannabis in the United States;
(f)
Several states and local units throughout the United States have banned the products;
(g)
The city-county council finds that it is in the best interest of the citizens to prohibit the
sale, marketing, and offering to sale these substances in Indianapolis/Marion County, Indiana, in
order to promote an increasingly safe, healthy, and well-informed community; and
(h)
The city-county council finds this action to be of an urgent necessity.
268
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(G.O. 49, 2010, § 1)
Sec. 407-302. - Sale of synthetic marijuana and or synthetic cannabinoids—Prohibited
(a)
It shall be unlawful to sell, public display for sale, or attempt to sell, give or barter
synthetic marijuana or a synthetic cannabinoid, whether the same includes analogues or
homologues thereof or any synthetic equivalent thereof, of the substances contained in or
generally derived from the plant Cannabis, or in the resinous extractives from/of the Cannabis
plant.
(b)
The prohibition of the sale of such substances shall apply regardless of whether the
product is in the form of incense or any form intended for or to facilitate human ingestion.
(c)
Any person who violates the provisions of this article shall be subject to the penalties set
forth in section 103-3 of this Code.
(G.O. 49, 2010, § 1)
Sec. 407-303. - Definitions
(a)
"Synthetic Equivalents" includes any of the following chemicals: 1R,3s)-3hydroxycyclohexy]-5-(2-methyloctan-2-yl) phenol [also known as CP 47, 497 and its C6, C7, C8
and C9 homologues); (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo [c]chromen-1-ol also known as HU-210
(b)
Naphthalen-1-yl-(1-pentylindol-3-yl)methanone also known as 1 Pentyl-3-(1naphthoyl)indole or JWH-018
(c)
Naphthalen-1-yl-(1-butylindol-3-yl)methanone also known as 1 Butyl-3-(1naphthoyl)indole or JWH-073
(d)
"Synthetic Marijuana" includes any herb or incense marketed under the names K2 or
Spice, regardless of the flavor.
(G.O. 49, 2010, § 1)
Sec. 407-304. - Enforcement.
(a)
This article may be enforced by any law enforcement officer of the city or county.
(b)
A law enforcement officer who issues a complaint and summons ticket to a person for a
violation of this article, and who has reason to believe the violation will continue after issuance
of the ticket, may take possession of any tangible goods being offered for sale. Such goods may
be retained or photographed by such law enforcement officer and may be destroyed by order of a
269
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
court having jurisdiction over the violation.
(G.O. 49, 2010, § 1)
270
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Kendallville, IN
Chapter 9. Miscellanous Provisions and Offenses.
Sec. 9-6. - Synthetic cannabinoid.
(a)
It is hereby declared to be unlawful for any individual or business to use, possess,
purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give, or barter any
one (1) or more of the following chemicals within the boundaries of the City of Kendallville:
(1)
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol also known as CP
47,497 and its C6, C7, C8, and C9 homologues;
(2)
(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo [c]chromen-1-ol also known as HU-210;
(3)
Naphthalen-1-yl-(1-pentylindol-3-yl) methanone also known as 1 Pentyl-3-(1-naphthoyl)
indole or JWH-018;
(4)
Naphthalen-1-yl-(1-butylindol-3-yl) methanone also known as 1- Butyl-3-(1-naphthoyl)
indole or JWH-073.
(b)
This section shall be enforced by the Kendallville Police Department. If any of the
substances listed in subsection (a) herein, are found in the possession of any individual or
business, they may be confiscated and destroyed by law enforcement officials.
(c)
It is not an offense under subsection (a) herein, if the individual or business was acting at
the direction of an authorized law enforcement agent to enforce or ensure compliance with this
law prohibiting the sale of the aforementioned substance.
(d)
This section does not apply to any individual or business 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.
(e)
Any individual or business found to be selling or offering to sell in violation of this
section will be subject to a civil fine of two thousand five hundred dollars ($2,500.00). Any
individual or business found purchasing or possessing in violation of this section will be subject
to a civil fine of one thousand dollars ($1,000.00).
(f)
The city attorney shall have the authority to seek an injunction to prevent the selling or
offering to sell in violation of this section by any business which refuses to or fails to comply
with this section.
271
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(g)
If any provision of this section is held invalid, such invalidity shall not affect the
remaining provisions of the section which shall remain effective absent the invalid provision, and
to this end, the provisions of the section are declared to be severable.
(Ord. No. 1136, § 1, 8-17-10)
272
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Lafayette, IN
Title 11. Public Safety and Nuisances.
Chapter 11.18. Purchase, Possession, Sale and Offering for Sale of Certain Intoxicating
Substances.
11.18.010 Intoxicating substances—Prohibited.
11.18.020 Violation.
11.18.030 Exceptions.
11.18.010 - Intoxicating substances—Prohibited.
It is hereby declared to be unlawful for any person to sell, publicly display for sale or attempt to
sell, give, purchase, possess or barter any herbal based or chemical substance sold under the
name of K2, Spice, Acapulco Spices, Serenity Now, Spice Gold, Shokotsu, Afghan Incense,
Baked, Black Magic, Buzz, Cherry Charm, Fire Bird, Fire "N" Ice, Pulse, Solitude or Voodoo or
any other herbal or chemical based substance containing any of the following within the city
limits of the city of Lafayette, Indiana to wit:
A.
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;
B.
(6aR,l0aR)-9-(hydroxymethy1)-6,6dimethyl-3-(2-methyloctan-2-yl)-6a,7, 10, 10atetrahydrobenzo[c]chromen-1-ol some trade or other names: HU-210;
C.
1-Pentyl-3-(I-naphthoy1)indole-some trade or other names: JWH-018/spice;
D.
1-Butyl-3-(1naphthoyl)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-(2methylnonan-2-yl)phenol;
G.
CP-47,497, a substance also known as 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2methyloctan-2-yl)phenol;
H.
JWH-250, a substance also known as 2-(2-methoxyphenyl)-1-(1-pentylindol-3-yl)
ethanone;
I.
Or any similar structural analogs.
(Ord. No. 2010-28, § 1, 9-13-10)
273
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
11.18.020 - Violation.
If any of the aforementioned substances are found in the possession of any person, they may be
confiscated and destroyed by law enforcement officials.
(Ord. No. 2010-28, § 2, 9-13-10)
11.18.030 - Exceptions.
It is not an offense under Section 11.18.010 above of this chapter if the violation:
A.
Arises out of actions taken at the direction of an authorized agent of the city of Lafayette
to enforce or ensure compliance with this law prohibiting the sale of the aforementioned
substance.
B.
Arises out of or in connection with a bona fide research or scientific endeavor funded by
public entities or non-profit organizations.
(Ord. No. 2010-28, § 3, 9-13-10)
274
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Munster, IN
Chapter 30. Offenses and Miscellaneous Provisions.
Sec. 30-9. - Synthetic cannabinoids.
(a)
Products containing synthetic cannabinoids ("products"), such as K2/Spice, or similar
products which contain one or more of the following chemical compounds:
(1)
(6aR, 10aR) - 9 - (hydroxymethyl) - 6, 6-dimethyl1-1- (2methyloctan-2-yl)-6a, 7, 10,
10a-tetrahydrobenzo (c) chromen-1-01, also known as HU-210;
(2)
1-Pentyl-3-(1-naphthoyl) indole, also known as JWH-018;
(3)
1-Butyl-3-(1-naphthoyll) indole, also known as JWH-073; or
(4)
Any other equivalent compound or derivative
shall not be sold, marketed, offered for sale, used, possessed or purchased within the Town of
Munster.
(b)
Products containing synthetic cannabinoids may not be burned, incinerated or ignited in
any public place or on any property owned, leased or controlled by the Town of Munster.
(c)
Persons or entities violating the provisions of this section shall be subject to a fine in the
amount of $2,500.00 for each violation, and each day on which a violation occurs shall be a
separate violation for purposes of determining the fine.
(Ord. No. 1504, 11-29-2010)
Sec. 30-10. - Banning the sale or possession of certain chemicals being marketed as, but not
limited to bath salts.
(1)
It is unlawful for any persons or corporation knowing, or under circumstances where one
reasonably should know, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any
persons or corporations any product containing the following chemicals: JWH-018, JWH-200,
JWH-073, CP-47, 497, Cannabicyclohexanol, 3.4Methylenedioxyprovalerone (MDPV),
Methylone, Mephedrone, 4-Methoxymethcathinone, 4-Fluoromethcathinone, and 3-Fluoromethcathinone, and marketed as, but not limited to incense, potpourri, plant fertilizers, insect
repellants, or bath salts; and
(2)
It is unlawful for any person or corporation knowing, or under circumstances where one
reasonably should know, to display for sale or possess with intent to distribute any product
containing the following chemicals: JWH-018, JWH-200, JWH-073, CP-47, 497,
Cannabicyclohexanol, 3.4Methylenedioxyprovalerone (MDPV), Methylone, Mephedrone, 4Methoxymethcathinone, 4-Fluoromethcathinone, and 3-Fluorometh275
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201, Santa Fe, NM 87501.
cathinone, and marketed as, but not limited to incense, potpourri, plant fertilizers, insect
repellents, or bath salts; and
(3)
It is 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 following chemicals: JWH018, JWH-200, JWH-073, CP-47, 497, Cannabicyclohexanol, 3.4Methylenedioxyprovalerone
(MDPV), Methylone, Mephedrone, 4-Methoxymethcathinone, 4-Fluoromethcathinone, and 3Fluoromethcathinone, and marketed as, but not limited to incense, potpourri, plant fertilizers,
insect repellents, and bath salts.
(Ord. No. 1533, 9-7-2011)
276
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Portage, IN
Chapter 18. Businesses.
Article IX. Products Containing Synthetic Cannabinoids.
Sec. 18-350. - Prohibited activity.
For purposes of this section, the following conduct shall be prohibited within the city:
(a)
Products containing synthetic cannabinoids ("products"), such as K2/Spice, or similar
products which contain one or more of the following chemical compounds:
(1)
(6aR, 10aR)-9-(hydroxymethyl)-6, 6-dimenthyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10atetrahydrobenzo [c] chromem-1-ol, also known as HU-210;
(2)
1-Penty1-3-(1-naphthoy)indole, also known as JWH-018;
(3)
1-Buty1-3-(1-naphthoyl)indole, also known as JWH-073; or
(4)
Any other equivalent compound or derivative
shall not be sold, marketed or offered for sale within the city; and
(b)
Products containing synthetic cannabinoids ("Products") may not be burned, incinerated
or ignited in any public place or on any property owned, leased or controlled by the City of
Portage.
(Ord. No. 10-62, § 1, 10-12-10)
Sec. 18-351. - Enforcement.
(a)
Enforcement of this chapter shall be by the city police department.
(b)
It shall be the duty of the city attorney, to whom the city police department shall report
any violation of the provision of this chapter, to cause proceedings to commence against the
person violating the provision of this chapter and to prosecute to final termination.
(Ord. No. 10-62, § 2, 10-12-10)
Sec. 18-352. - Violations and penalties.
(a)
Persons or entities violating the provisions of this article shall be subject to the penalty
imposed for a Class B Infraction, as set forth in I.C. 34-28-5-4. Accordingly, this article shall be
in force by the provisions of I.C. 34-28-5.
277
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201, Santa Fe, NM 87501.
(b)
Violations of this article within the city shall be a Class B Infraction and upon conviction
shall be punishable as follows:
Punishable by a judgment of up to $1,000.00.
(c)
The city attorney is authorized to bring a civil action pursuant to I.C. 36-1-6-4 to enjoin
any person or business from violating this article.
(Ord. No. 10-62, § 3, 10-12-10)
278
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
St. John, IN
Chapter 12. Miscellaneous Provisions and Offenses.
Sec. 12-13. Prohibition of purchase, sale, and offering for sale substances containing synthetic
cannabinoid.
(a) To the extent there is no lawful preemption of authority or jurisdiction of the town on these
matters and products, it is unlawful for any person to purchase, possess, sell, and offer for sale
within the town containing synthetic cannabinoids or similar products which contain one or more
of the following chemical compounds:
(1) (6aR, 10aR)-9-(hydroxymethly-6, 6-dimethly-3-(2methyloctan-2-yl)-6a, 7, 10, 10aterrahydrobenso[c]chromen-1-ol, also known as HU-210;
(2) 1-Pentyl-3-(1-naphthoyl) indole, also known as JWH-018;
(3) 1-Butyl-3-(1-naphthoyl) indole, also known as JWH-073;
(4) All parts of the plant presently classified botanically as Salvia divinorum, whether growing or
not, any extract from any part of such plant, and every compound, manufacture, salts derivative,
mixture or preparation of such plant, its seeds or its extracts;
(5) TFMPP, a substance also known as 1-3-[trifluoromethylphenyl]) piperazine; or
(6) Cannabicyclohexanol, a substance also know as 2-[(1R,3S)-3-hydroxyxyclohexyl]-5-(2methylnonan-2-yl) phenol; and
(7) Any other relevant compound or derivative (hereinafter "products").
(b) To the extent there is no lawful preemption of authority or jurisdiction of the town on these
matters and products, it is unlawful for any person to burn, incinerate, or ignite in any public
place, or on any property owned, leased, or controlled by the town the products or any other
product containing synthetic cannabinoids.
(c) To the extent there is no lawful preemption of authority or jurisdiction of the town on these
matters and products, it is unlawful for any person, entity or retail/business establishment to sell,
publicly display for sale, or attempt to sell, give, or barter the Products or any other synthetic
cannabinoids or synthetic equivalents of substances contained in the plant described as
"cannabis" or in the resinous extractives of "cannabis" 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 they do not. Because the nomenclature of these
substances and products are not internationally standardized, compounds of these structures,
regardless of the numerical designation of atomic position, are similarly prohibited.
279
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(d) To the extent there is no lawful preemption of authority or jurisdiction of the town on these
matters and products, persons violating the provisions of this section shall be subject to a fine of
not less than two hundred fifty dollars ($250.00) and not more than seven thousand five hundred
dollars ($7,500.00), plus court costs and attorney fees, to the extent permitted by applicable law,
associated with the enforcement of this section. Each day of the existence of any violation of this
section shall be considered a separate offense.
(e) To the extent there is no lawful preemption of authority or jurisdiction of the town on these
matters and products, entities, including businesses and retail establishments, violating the
provisions of this section shall be subject to a fine of not less than seven hundred fifty dollars
($750.00) and not more than seven thousand five hundred dollars ($7,500.00) plus court costs
and attorney fees, to the extent permitted by applicable law, associated with the enforcement of
this section. Each day of the existence of any violation of this section shall be considered a
separate offense. A second conviction under this section shall result in the business license being
revoked, in addition to the above-mentioned civil fees.
(f) To the extent there is no lawful preemption of authority or jurisdiction of the town on these
matters and products, if any of the aforementioned substances or products is found in the
possession of any person or entity, such may be confiscated and destroyed by any law
enforcement official as provided by law, and any aforementioned substances or products
reasonably suspected to be described herein may be photographed as evidence pending
adjudication of the alleged violation.
(g) It is not an offense if an individual or business was acting at the direction of an authorized
law enforcement agent to enforce or ensure compliance with this section prohibiting the
aforementioned substance.
(h) To the extent there is no lawful preemption of authority or jurisdiction of the town on these
matters and products, this section does not apply to any individual or business 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.
(i) The town attorney shall have the authority to seek an injunction and all appropriate equitable
relief to prevent the selling or offering to sell the products prohibited herein in violation of this
section by any business which refuses or fails to comply with this section.
(j) That after review and consideration of the most current information concerning the abovementioned synthetic cannabinoid and products, as defined herein, or similar in nature and type,
issued by the FDA (United States Department of Agriculture), the town council concurs and
agrees that said section is adopted strictly for the purposes of protecting health, safety, and
welfare of its residents, and to preserve the peace, order, and safety of the community to the
280
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201, Santa Fe, NM 87501.
extent it can be enforced.
(Ord. No. 1528, § 1—10, 12-16-10)
281
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Wabash, IN
Chapter 6. Public Health and Safety Matters; Public Nuisances.
Article 10. Offenses Against Persons, Property, Peace and Public Welfare.
Sec. 6-148. - Synthetic cannabinoids.
a.
Products commonly marketed as, but not limited to, incense, potpourri, plant fertilizers,
insect repellants or bath salts, or as any other product, which contain any of the following
chemical compounds:
(1)
JWH-015 ((2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone);
(2)
JWH-018 (1-pentyl-3-(1-naphthoyl)indole);
(3)
JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole);
(4)
JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone);
(5)
JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone);
(6)
JWH-122 (1-pentyl-3-(4-methyl-1-naphthoyl)indole);
(7)
JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone);
(8)
JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole);
(9)
JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole);
(10)
JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole);
(11) HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol);
(12) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol);
(13) HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4bicyclo[3.1.1]hept-3-enyl]methanol);
(14) HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5pentyl-2,5-cyclohexadiene-1,4-dione);
282
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(15) CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-5-(2methyloctan-2-yl)phenol);
(16) CP47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) and its
homologues;
(17) WIN 55212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl) pyrrolo [1,2,3de)-1,4-benzoxazin-6-yl]-1-napthalenylmethanone);
(18)
RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone);
(19)
RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2- methoxyphenyl)ethanone);
(20)
4-Methylmethcathinone; Other name: mephedrone;
(21)
3,4-Methylenedioxymethcathinone; Other name: methylone;
(22)
Fluoromethcathinone;
(23)
4-Methoxymethcathinone; Other name: methedrone;
(24)
4-Ethylmethcathinone (4-EMC);
(25)
Methylenedioxypyrovalerone; Other name: MDPV;
shall not be used, possessed, purchased, sold, or offered for sale within the corporate boundaries
of the City of Wabash, Indiana.
b.
Persons or entities violating the provisions of this section 6-148 shall be subject to a fine
in the maximum amount of one thousand dollars ($1,000.00).
c.
This section shall be in full force and effect upon publication pursuant to Indiana law
unless the city executive proclaims an urgent necessity and posts notices all as provided for in
Indiana Code 36-4-6-14(b)(2) in which case it shall become effective immediately after
complying with said Indiana Code 36-4-6-14(b)(2).
(Gen. Ord. No. 5, 2011, § 1, 5-23-2011)
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
KENTUCKY
Henderson, KY
Chapter 16. Offenses.
Article VI. Synthetic Marijuana.
Sec. 16-101. - Declaration of findings and policy.
Sec. 16-102. - Definitions.
Sec. 16-103. - Possession of AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU
cannabinoids.
Sec. 16-104. - Trafficking in AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU
cannabinoids.
Sec. 16-105. - Applicability of state law.
Sec. 16-106. - Penalties.
Sec. 16-107. - Severability.
Sec. 16-101. - Declaration of findings and policy.
The board of commissioners finds that herbal incense products marketed in the United States that
provide a marijuana-like high when smoked have become increasingly popular, particularly
among teens and young adults and that these products consist of plant material that has been
laced with chemicals that have not been approved by the FDA for human consumption. The City
of Henderson further finds that the Commonwealth of Kentucky has moved to prohibit the sale
and possession of similar products, but the changing nature of the products has resulted in the
availability of herbal incense products that exceed the commonwealth's definition and statutes
and therefore are not properly regulated by the Commonwealth of Kentucky. The commission is
aware that the side effects of the unregulated herbal incense products pose a threat to the public
health and safety of the citizens of the City of Henderson and it is in the best interest of the city
to regulate the sale and use of such products.
(Ord. No. 10-12, § I, 3-13-12)
Sec. 16-102. - Definitions.
[For the purposes of this article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.]
AM cannabinoids means any synthetic cannabinoids created by Alexandros Makriyannis or his
research group including, but not limited to, AM-087; AM-251; AM-281; AM-356; AM 374;
AM-381; AM404; AM-411; AM-630; AM-661; AM-678; AM-679; AM-694; AM-855; AM881; AM-883; AM-905; AM-906; AM-919; AM-926; AM-938; AM-1116; AM-1172; AM1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM 2213; AM-2232;
AM-2233; AM-2102; AM-4030. The term shall not include synthetic cannabinoids that require a
284
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prescription, are approved by the United States Food and Drug Administration, and are
dispensed in accordance with state and federal law.
CP cannabinoids means CP-47,497; (C6)-CP-47,497; (C7)-CP-47,497; (C8)-CP-47,497; (C9)CP-47,497; CP-50,556-1; CP-55,244; CP-55,940; CP-945,598. The term shall not include
synthetic cannabinoids that require a prescription, are approved by the United States Food and
Drug Administration, and are dispensed in accordance with state and federal law.
HU cannabinoids means any synthetic cannabinoids created by Hebrew University including, but
not limited to, HU-210; HU-211; HU-243; HU-308; HU-320; HU-331; HU-336; HU-345. The
term shall not include synthetic cannabinoids that require a prescription, are approved by the
United States Food and Drug Administration, and are dispensed in accordance with state and
federal law.
JWH cannabinoids means any synthetic cannabinoids created by John W. Huffman or his
research group including, but not limited to, JWH-007; JWH-015; JWH-018; JWH-019; JWH030; JWH-047; JWH-D48; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098; JWH-116;
JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161; JWH164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH-184;
JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-196; JWH-197; JWH-198; JWH199; JWH-200; JWH-203; JWH-205; JWH-210; JWH 213; JWH-229; JWH-234; JWH-249;
JWH-250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336; JWH350; JWH-359; JWH-387; JWH-398; JWH-424. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration, and are dispensed in accordance with state and federal law.
Person shall mean any person, firm, group, association, organization, partnership, business, trust,
corporation, company, limited liability company or any other business entity. For the purposes of
this article, the president, managers, owners, shareholders, partners, members or other persons in
charge of the business shall be responsible to require the business to comply with this article and
shall likewise be subject to the penalties imposed for violations of this article by the business
entity.
Possession means to have actual physical possession or otherwise to exercise actual dominion or
control over a tangible object.
Traffic means to manufacture, distribute, dispense, sell, transfer, or possess with intent to
manufacture, distribute, dispense, or sell a controlled substance.
Transfer means to dispose of a controlled substance to another person without consideration and
not in furtherance of commercial distribution.
(Ord. No. 10-12, § II, 3-13-12)
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 16-103. - Possession of AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU
cannabinoids.
A person is guilty of possession of AM cannabinoids, CP cannabinoids, JWH cannabinoids or
HU cannabinoids when he or she knowingly and unlawfully possesses AM cannabinoids, CP
cannabinoids, JWH cannabinoids or HU cannabinoids.
(Ord. No. 10-12, § III, 3-13-12)
Sec. 16-104. - Trafficking in AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU
cannabinoids.
A person is guilty of trafficking in AM cannabinoids, CP cannabinoids, JWH cannabinoids or
HU cannabinoids when he or she knowingly and unlawfully traffics in AM cannabinoids, CP
cannabinoids, JWH cannabinoids or HU cannabinoids.
(Ord. No. 10-12, § IV, 3-13-12)
Sec. 16-105. - Applicability of state law.
If current or future Kentucky law prohibits any substance(s) contained in this article, the
Kentucky law shall be applied instead of this article for both prosecution and penalty.
(Ord. No. 10-12, § V, 3-13-12)
Sec. 16-106. - Penalties.
(a) Any person who violates the provision of this article concerning possession of AM
cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids shall be guilty of a
Class B misdemeanor and upon conviction shall be punished by a fine not to exceed two hundred
and fifty dollars ($250.00) and jail time not to exceed ninety (90) days.
(b) Any person who violates the provision of this article concerning trafficking in AM
cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids shall be guilty of a
Class A misdemeanor and upon conviction shall be punished by a fine not to exceed five
hundred dollars ($500.00) and jail time not to exceed twelve (12) months.
(c) Each day of such violation shall constitute a separate offense and no additional notice other
than notice of the original offense shall be required to convict a person for multiple violations
resulting from a continuation of such offense.
(Ord. No. 10-12, § VI, 3-13-12)
286
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 16-107. - Severability.
The provisions of this article are hereby declared to be severable, and if any section, phrase or
provision shall for any reason be declared invalid or unconstitutional, such declaration of
invalidity shall not affect the validity of the remainder of this article.
(Ord. No. 10-12, § VII, 3-13-12)
287
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201, Santa Fe, NM 87501.
Mayfield, KY
Chapter 10. Offenses and Miscellaneous Provisions.
Article VI. Purpose, Definition, Prohibitions, and Penalty.
Sec. 10-90. Purpose.
Sec. 10-91. Definitions.
Sec. 10-92. Prohibition of possession or sale of AM cannabinoids, CP cannabinoids, JWH
cannabinoids or HU cannabinoids.
Sec. 10-93. Penalty.
Sec. 10-90. Purpose.
The purpose of this ordinance is to stop the possession or sale of AM cannabinoids, CP
cannabinoids, JWH cannabinoids and HU cannabinoids. These substances are harmful if
consumed and present a significant public health danger that can result in hospitalization or
death.
(Ord. No. 1-12, § 1, 3-12-12)
Sec. 10-91. Definitions.
AM cannabinoids means any synthetic cannabinoids created by Alexandros Makriyannis or his
research group including but not limited to AM-087; AM-251; AM-281; AM-356; AM-374;
AM-381; AM-404; AM-411; AM-630; AM-661; AM-678; AM-679; AM-694; AM-855; AM881; AM-883; AM-905; AM-906; AM-919; AM-926; AM-938; AM-1116; AM-1172; AM1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM-2213; AM-2232;
AM-2233; AM-2102; AM-4030. The term shall not include synthetic cannabinoids that require a
prescription, are approved by the United States Food and Drug Administration, and are
dispensed in accordance with state and federal law.
CP cannabinoids means CP-47,497; (C6)-CP-47,497; (C7)-CP-47,497; (C8)-CP-47,497; (C9)CP-47,497; CP-50,556-1; CP-55,244; CP-55,940; CP-945,598. The term shall not include
synthetic cannabinoids that require a prescription, are approved by the United States Food and
Drug Administration, and are dispensed in accordance with state and federal law.
HU cannabinoids means any synthetic cannabinoids synthesized at the Hebrew University
including but not limited to HU-210; HU-211; HU-243; HU-308; HU-320; HU-331; HU-336;
HU-345. The term shall not include synthetic cannabinoids that require a prescription, are
approved by the United States Food and Drug Administration, and are dispensed in accordance
with state and federal law.
JWH cannabinoids means any synthetic cannabinoids created by John W. Huffman or his
research group including but not limited to JWH-007; JWH-015; JWH-018; JWH-019; JWH030; JWH-047; JWH-048; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098; JWH-116;
288
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161; JWH164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH-184;
JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-196; JWH-197; JWH-198; JWH199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234; JWH-249;
JWH-250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336; JWH350; JWH-359; JWH-387; JWH-398; JWH-424. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration, and are dispensed in accordance with state and federal law.
Person means individual, corporation, government or governmental subdivision or agency,
business trust, estate, trust, partnership or association, or any other legal entity.
Possession means to have actual physical possession or otherwise to exercise actual dominion or
control over a tangible object;
Traffic means to manufacture, distribute, dispense, sell, transfer, or possess with intent to
manufacture, distribute, dispense, or sell a controlled substance.
Transfer means to dispose of a controlled substance to another person without consideration and
not in furtherance of commercial distribution.
(Ord. No. 1-12, § 2, 3-12-12)
Sec. 10-92. Prohibition of possession or sale of AM cannabinoids, CP cannabinoids, JWH
cannabinoids or HU cannabinoids.
(a) Trafficking in AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids.
A person is guilty of trafficking in AM cannabinoids, CP cannabinoids, JWH cannabinoids or
HU cannabinoids when he or she knowingly and unlawfully traffics in AM cannabinoids, CP
cannabinoids, JWH cannabinoids or HU cannabinoids.
(b) Possession of AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids.
A person is guilty of possession of AM cannabinoids, CP cannabinoids, JWH cannabinoids or
HU cannabinoids when he or she knowingly and unlawfully possesses AM cannabinoids, CP
cannabinoids, JWH cannabinoids or HU cannabinoids.
Ord. No. 1-12, § 3, 3-12-12
Sec. 10-93. Penalty.
Any person violating this article shall be guilty of a misdemeanor and shall, upon conviction, be
subject to a fine of not more than $500.00, or imprisonment for not more than 12 months, or
both, for each offense. If current or future Kentucky law(s) (KRS, etc.) prohibits any
289
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201, Santa Fe, NM 87501.
substance(s) contained in this article, the Kentucky law(s) (KRS, etc.) shall be applied instead of
this article for both prosecution and penalty.
(Ord. No. 1-12, § 4, 3-12-2012)
FOOTNOTE(S):
Editor's note—Ord. No. 1-12, §§ 1—4, adopted March 12, 2012, was not specifically
amendatory. For purposes of classification, and at the editor's discretion, these provisions have
been included as Article VI, §§ 10-90—10-93. (Back)
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201, Santa Fe, NM 87501.
LOUISIANA
Baton Rouge, LA
Title 13. Criminal Law.
Sec. 13:966. - Possession of marijuana.
(a)
It shall be unlawful for any person to knowingly and intentionally possess marijuana,
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannibanoids.
(b)
"Marijuana" means all parts of plants of the genus Cannabis, whether, growing or not; the
seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture,
salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the
mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of
such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such
mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of
such plant which is incapable of germination.
(c)
"Synthetic cannibanoids" means vegetable matter treated with a detectable quantity of a
chemical compound designed or produced to simulate the effects of tetrahydrocannabinol in
humans, including but not limited to:
(1)
JWH-018 (1-pentyl-3-(1-naphthoyl)indole);
(2)
JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone);
(3)
JWH-200 (WIN 55,225) (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1ylmethanone;
(4)
CP 47, 4972-[(1R, 3S)-3-hydroxycyclohexyl] - 5-(2-methyloctan-2-yl)phenol, also
known as Cannabicyclohexanol (CP 47,497 dimethyloctyl homologue, (C8)-CP 47,497), and its
homologues, whether dimethylhexyl, dimethyloctyl, or dimethylnonyl, to include its C6, C7, C8,
and C9 homologues.
(5)
HU-210 (6aR,10aR)- 9-(Hydroxymethyl) - 6,6-dimethyl- 3-(2-methyloctan-2-yl) 6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol.
(d)
Whoever is found guilty of possession of marijuana or synthetic cannibanoids shall be
fined not more than five hundred dollars ($500.00), imprisoned in the parish jail for not more
than six (6) months, or both.
(Ord. No. 15100, § 1, 3-9-11)
291
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201, Santa Fe, NM 87501.
Caddo Parish, LA
Part II – Code of Ordinances.
Chapter 32 – Offenses and Miscellaneous Provisions.
Article III. Offenses Affecting Public Safety, Health, and Order.
Sec. 32-61. Possession of synthetic cannabinoids and hallucinogens.
(a) It shall be unlawful for any person to knowingly and intentionally possess synthetic
cannabinoids, or hallucinogens as defined herein:
(1) Synthetic cannabinoids means vegetable matter treated with a detectable quantity of chemical
compound designed or produced to simulate the effects of tetrahydrocannabinol in humans,
including, but not limited to:
a. JWH-018 (1-pentyl-3-(1-naphthoyl)indole);
b. JWH-073 (naphthalene-1-yl-(1-butylindol-3-yl)Methanone);
c. JWH-200 (WIN 55,225) (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone;
d. CP 47,497 2-[(1R, 3S)-3-hydroxycyclohexyl] - 5-(2-methyloctan-2-yl)phenol, also known as
Cannabicyclohexanol (CP 47,497 dimethyloctyl homologue, (C8)-CP 47,497), and its
homologues, whether dimethylhexyl, dimethyloctyl, or dimethylnonyl, to include its C6, C7, C8
and C9 homologues.
e. HU-210 (6aR, 10aR)-9-(Hydroxmyethyl)-6,6-dimethyl-3-(2-methylocatan-2-yl) - 6a, 7, 10,
10a-tetrahydrobenzo [c]chromen-1-ol.
(2) Any scientifically quantifiable substance, similar to "synthetic cannabinoids" as defined
herein which, when taken into the human body, is designed and/or intended to mimic or produce
similar effects of cannabinoids.
(3) "Hallucinogen" means a drug which contains any quantity of isomers, salts, salts of isomers,
or any quantity of a substance listed in Schedule I(C) of R.S. 40:964, or any substance which the
secretary of the department and health and hospitals after investigation has found to have, and by
regulation designates as having, a potential for abuse because of its depressant or stimulant effect
on the central nervous system, or hallucinogenic effect.
(b) Whoever is found guilty of possession of synthetic cannabinoids, or hallucinogens shall be
fined not more than $500.00, imprisoned in the parish jail for not more than six months, or both.
(Ord. No. 5207, 6-21-2012)
292
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DeQuincy, LA
Part II – Code of Ordinances.
Chapter 14. Offenses – Miscellaneous.
Article I. In General.
Sec. 14-5. - Synthetic cannabinoids.
It shall be unlawful to sell or to otherwise distribute synthetic cannabinoids in the City of
DeQuincy. Synthetic cannabinoids are defined as follow:
Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation, which contains any quantity of a synthetic cannabinoid found to be in
any of the following chemical groups, or any of those groups which contain any synthetic
cannabinoid salts, isomers, or salts if isomers, whenever the existence of such salts, isomers, or
salts of isomers is possible within the specific chemical designation, including all synthetic
cannabinoid chemical analogues in such groups listed below:
(1) Naphthoylindoles
(2) Napthylmethlindoles
(3) Naphthoylpyrroles
(4) Napthylmethylindenes
(5) Phenylacetylindoles
(6) Cyclohexylphenols
(7) Dibenzopyrans
(8) Benzoylindoles
(9) Methylenedioxypyrovalerone (MDPV)
(10) Methylenedioxymethcathinone (methylone)
(11) Carbomethoxy (fluorophenyl) tropane
(12) Methylmethcathinone (mephedrone)
The penalty for a violation of this section shall be a misdemeanor and/or subject to a term of
imprisonment not to exceed one (1) year and a fine not to exceed five hundred dollars ($500.00)
293
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and/or both. A violation of this section also constitutes grounds for the revocation of a permit
issued pursuant to chapter 3, section 3-4 et seq. of this Code.
(Ord. No. 867, 5-9-2011)
294
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Lake Charles, LA
Part II. The Code.
Chapter 13. Offenses and Miscellaneous Law Enforcement Provisions.
Article I. In General.
Sec. 13-26.4. - Possession of marijuana or synthetic cannabinoids.
It shall be unlawful for any person to knowingly or intentionally possess marijuana,
tetrahydrocannabinol, synthetic cannabinoids, hallucinogenic substances or chemical derivatives
thereof.
For purposes of this section:
(1)
Hallucinogenic substances shall mean any material, compound, mixture, or preparation,
which contains any quantity of the following hallucinogenic substances, or which contains any of
their salts, isomers, or salts of isomers, whenever the existence of such salts, isomers, or salts of
isomers is possible within the specific chemical designation, for purposes of this paragraph only,
the term "isomer" includes the optical, position, and geometric isomers:
(2)
Synthetic cannabinoids shall include the following:
a.
2-[(R,3S)-3-hyroxycyclohexyl]-5-(2-methyloctan-2-7l)phenol also known as CP 47,497
and its C6, C7, C8 and C9 homologues.
b.
(6aR,10aR)-9-hyroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahyddrobenzo [c]chromen-1-ol also known as HU-210.
c.
Naphthalen-1-yl(1-pentylindol-3-y)methanone also known as 1-Pentyl-3-1(1naphthoyl)indole or JWH-018.
d.
Naphthalen-1-yl(1-butylindol-3-yl)methanone also known as 1-Butyl-3-(1naphthoyl)indole or JWH-073.
Upon a first conviction, the offender shall be fined not more than $500.00, imprisoned in the
parish jail for not more than six months, or both.
A conviction under this article shall be considered a prior conviction and may be used for
enhancement purposes in accordance with R.S. 40:966.
(Ord. No. 14145, § 1, 4-18-07; Ord. No. 15847, § 1, 4-20-11)
295
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Marksville, LA
Chapter 22. Offenses and Miscellaneous Provisions.
Article VIII. Offenses Affecting the Public Morals.
Division 5. Offenses Involving Illegal Substances.
Sec. 22-446. Illegal sale of bath salts.
It shall be unlawful for any person, corporation, or any other entity to sell, distribute or dispense
or hold for sale, distribution or dispensing any item packaged or advertised as a "bath salt" or
"plant food", including but not limited to products known as 'Cloud 9','Red Dove', 'Blue Silk',
'White Dove', 'Ivory Wave', 'Zoom Bloom', 'Hurricane Charles', 'Ocean Snow', 'Vanilla Sky',
'Scarface' and other commonly known packages, or any other product which contains any
amount of Methylenedioxypyrovalerone, (MPDV) or Mephedrone, also known as 4methylmethcathinone (4-MMC), or 4-methylephedrone, 4-Fluoromethcathinone and 3Fluoromethcathinone in a quantity less than 100 grams.
Whoever commits this offense shall be fined not more than $500.00, in addition to court costs.
Further, any offender may be sentenced to a sentence of not more than 30 days in jail for each
violation or failure to pay said fine.
In addition, any owner or lessee of a facility who is caught selling said product may be subject to
losing their occupational license as issued by the city.
(Res. No. 2011-031, 2-9-2011)
296
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
New Orleans, LA
Part II. The Code.
Chapter 54. Criminal Code.
Article VII. Offenses Generally.
Sec. 54-505. - Simple possession of marijuana and/or synthetic cannabinoids.
(a)
It is unlawful for any person knowingly or intentionally to possess marijuana,
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids, as defined in
R.S. 40:964, schedule I, unless such substance was obtained directly or pursuant to a valid
prescription or order from a practitioner, or as provided in R.S. 40:978, while acting in the course
of his professional practice, or except as otherwise authorized by law.
(b)
Upon conviction for violation of subsection (a) with regard to marijuana,
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids, the offender
shall be fined not more than $500.00, or imprisoned for not more than six months, or both.
(M.C.S., Ord. No. 24246, § 1, 12-16-10)
297
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201, Santa Fe, NM 87501.
Terrebonne Parish, LA
Part II – Parish Code.
Chapter 19 – Offenses, Miscellaneous Law Enforcement Provisions.
Article I. In General.
Sec. 19-16. Illegal possession of synthetic drugs.
Except as expressly authorized by state or federal law, it shall be unlawful for any person to
possess synthetic drugs, considered a Schedule I Controlled Substance, which are defined by the
State of Louisiana in R.S. 40:964 including, but not limited to, those with the active ingredients
MDPV, mephedrone and synthetic equivalents and derivatives to THC.
In accordance with state occupational licensing regulations, no person, owner or enterprise shall
request or maintain an occupational license within Terrebonne Parish where the person, owner or
principle of an enterprise utilizes the occupational license in furtherance of selling or distributing
in any manner the substances prohibited in this section 19-16 and as enumerated in Schedule I,
Controlled Substances, defined by R.S. 40:964.
(Ord. No. 8246, § I, 11-28-12)
298
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201, Santa Fe, NM 87501.
Vivian, LA
Chapter 11 – Miscellaneous Offenses.
Article VI. Offenses Against Public Morals and Decency.
Sec. 11-176. Possession of synthetic cannabinoids and hallucinogens.
(a) It shall be unlawful for any person to knowingly and intentionally possess synthetic
cannabinoids, or hallucinogens as defined herein.
(1) "Synthetic cannabinoids" means vegetable matter treated with a detectable quantity of a
chemical compound designed or produced to simulate the effects of tetrahydrocannabinol in
humans, including but not limited to:
a. JWH-018 (1-pentyl-3-(1-naphthoyl)indole);
b. JWH-073 (naphthalene-1-yl-(1-butylindol-3-yl)methanone);
c. JWH-200 (WIN 55,225) (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone;
d. CP 47,497 2-[(1R, 3S)-3-hydroxycyclohexyl] - 5-(2-methyloctan-2-yl)phenol, also known as
Cannabicyclohexanol (CP 47,497 dimethyloctyl homologue, (C8)-CP 47,497), and its
homologues, whether dimethylhexyl, dimethyloctyl, or dimethylnonyl, to include its C6, C7, C8
and C9 homologues.
e. HU-210 (6aR, 10aR)-9-(Hydroxmyethyl)-6,6-dimethyl- 3-(2-methylocatan-2-yl) - 6a, 7, 10,
10a-tetrahydrobenzo [c]chromen-1-ol.
(2) Any scientifically quantifiable substance, similar to "synthetic cannabinoids" as defined
herein, which, when taken into the human body, is designed and/or intended to mimic or produce
similar effects of cannabinoids.
(3) "Hallucinogen" means a drug which contains any quantity of isomers, salts, salts of isomers,
or any quantity of a substance listed in Schedule I(C) of R.S. 40:964, or any substance which the
secretary of the department and health and hospitals after investigation has found to have, and by
regulation designates as having, a potential for abuse because of its depressant or stimulant effect
on the central nervous system, or hallucinogenic effect.
(b) Whoever is found guilty of possession of synthetic cannabinoids, or hallucinogens shall be
fined as provided in section 1-13 of this Code.
(Ord. No. 642, 9-10-2012)
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
MARYLAND
Ocean City, MD
Part II. Code of Ordinances.
Chapter 58. Offenses and Miscellaneous Provisions.
Article IV. Offenses Involving Public Health.
Sec. 58-181. - Definitions.
Cannabimimetic agent means any substance, of whatever name called, that is a cannabinoid
receptor type 1 (CB, receptor) agonist as demonstrated by binding studies and functional assays
within the structural classes identified below:
(a)
2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by
akyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.
(b)
3-(1-naphthoyl)indole or 3-(1-naphthyl)indole by substitution at the nitrogen atom of the
indole ring, whether or not further substituted on the indole ring to any extent, whether or not
substituted on the naphthoyl or naphthyl ring to any extent.
(c)
3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether
or not further substituted in the indole ring to any extent, whether or not substituted on the
naphthoyl ring to any extent.
(d)
1-(1-naphthylmethyl)indene by substitution of the 3-position of the indene ring, whether
or not further substituted in the indene ring to any extent, whether or not substituted on the
naphthyl ring to any extent.
(e)
3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the
indole ring, whether or not further substituted in the indole ring to any extent, whether or not
substituted on the phenyl ring to any extent.
Hallucinogenic chemical substance means any product or substance, of whatever name called,
that contains one or more of the following chemical compounds:
•5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497)
•5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP44, 497 C8-homolog)
•1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678)
•1-butyl-3-(1-naphthoyl)indole (JWH-073)
300
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201, Santa Fe, NM 87501.
•1-hexyl-3-(1-naphthoyl)indole (JWH-019)
•1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200)
•1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250)
•1-pentyl-3-[1-(4-methoxynaphthoy)]indole (JWH-081)
•1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122)
•1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398)
•1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201)
•1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694)
•1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4)
•1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8)
•1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203)
Salvia means a material, compound, mixture or preparation in any form that contains the
component salvinorin A, and is known variously as Salvia, Salvia Divinorum, Ska Pastora,
Diviner's Mint, Sally-D, Lady Salvia or any other name.
Salvia paraphernalia means equipment, a product, or material that is used, intended for use, or
designed for use, in: (i) planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, or concealing salvia; or (ii) injecting, ingesting, inhaling or
otherwise introducing salvia into the human body, as defined and set forth in § 5-101 Criminal
Law Article, Md Code Anno., pursuant to the factors set forth in § 5-619 of said Criminal Law
Article.
Synthetic drug paraphernalia means equipment that is used, intended for use, is designed for use
in: (i) manufacturing, compounding, converting, producing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, or concealing a cannabimimetic agent or
hallucinogenic chemical substance; or (ii) injecting, ingesting, inhaling, or otherwise introducing
a cannabimimetic agent or hallucinogenic chemical substance into the human body as defined
and set forth in § 5-101 Criminal Law Article, Md. Code Anno., pursuant to the factors set forth
in § 5-619 of said Criminal Law Article.
(Ord. No. 2009-19(emer.), 8-3-2009; Ord. No. 2011-25, 8-30-2011; Ord. No. 2011-26, 8-302011)
301
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201, Santa Fe, NM 87501.
Sec. 58-182. - Prohibited acts.
(a)
It shall be unlawful to possess or administer to another salvia.
(b)
It shall be unlawful to manufacture, distribute, or dispense salvia.
(c)
It shall be unlawful to distribute, attempt to distribute a non-controlled substance: (i) that
the person represents is salvia; (ii) that the person intends for use or distribution as salvia; or
under circumstances where one reasonably should know that the non-controlled substance will
be used or distributed for use as salvia.
(d)
It shall be unlawful to possess or purchase a non-controlled substance that the person
reasonably believes is salvia.
(e)
It shall be unlawful to use or possess with intent to use salvia paraphernalia.
(f)
It shall be unlawful to offer for sale, deliver, sell or distribute salvia paraphernalia.
(g)
It shall be unlawful to own, rent or otherwise utilize a store, dwelling, building or other
facility for: (i) the purpose of administering, selling, displaying, distributing, possessing, or
dispensing salvia; or (ii) manufacturing, distributing, dispensing, storing or concealing salvia
paraphernalia.
(h)
It shall be unlawful to possess or administer to another a cannabimimetic agent.
(i)
It shall be unlawful to manufacture, distribute, or dispense a cannabimimetic agent.
(j)
It shall be unlawful to distribute, attempt to distribute a noncontrolled substance: (i) that
the person represents is cannabimimetic agent; (ii) that the person intends for use or distribution
as a cannabimimetic agent; or under circumstances where one reasonably should know that the
noncontrolled substance will be used or distributed for use as a cannabimimetic agent.
(k)
It shall be unlawful to possess or purchase a noncontrolled substance that the person
reasonably believes is a cannabimimetic agent.
(l)
It shall be unlawful to possess or administer to another a hallucinogenic chemical
substance.
(m)
It shall be unlawful to manufacture, distribute, or dispense a hallucinogenic chemical
substance.
(n)
It shall be unlawful to distribute, attempt to distribute a noncontrolled substance: (i) that
the person represents is a hallucinogenic chemical substance; (ii) that the person intends for use
302
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201, Santa Fe, NM 87501.
or distribution as a hallucinogenic chemical substance; or under circumstances where one
reasonably should know that the noncontrolled substance will be used or distributed for use as a
hallucinogenic chemical substance.
(o)
It shall be unlawful to possess or purchase a noncontrolled substance that the person
reasonably believes is a hallucinogenic chemical substance.
(p)
It shall be unlawful to use or possess with intent to use synthetic drug paraphernalia.
(q)
It shall be unlawful to offer for sale, deliver, sell or distribute synthetic drug
paraphernalia.
(r)
It shall be unlawful to own, rent or otherwise utilize a store, dwelling, building or other
facility for: (i) the purpose of administering, selling, displaying, distributing, possessing, or
dispensing a cannabimimetic agent or a hallucinogenic chemical substance or (ii) manufacturing,
distributing, dispensing, storing or concealing synthetic drug paraphernalia.
(s)
It shall be unlawful to offer for sale, deliver, sell, or distribute any product that contains a
synthetic drug or is chemically enhanced, by whatever name called, without having appended
thereto a list of ingredients and chemical compounds.
(t)
It shall be unlawful to offer for sale, deliver, sell, or distribute any product which is
promoted or otherwise marketed to produce physical and/or psychological effects.
(Ord. No. 2009-19(emer.), 8-3-2009; Ord. No. 2011-25, 8-30-2011; Ord. No. 2011-26, 8-302011)
Sec. 58-183. - Violations and penalties.
A person who is convicted of any prohibited act under this article shall be guilty of a
misdemeanor and be subject to imprisonment for up to six months or fined up to $1,000.00 or
both.
(Ord. No. 2009-19(emer.), 8-3-2009)
303
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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201, Santa Fe, NM 87501.
Prince George’s County, MD
Part II – Title 17. The Public Local Laws of Prince George’s County, Maryland.
Division 12. Controlled Dangerous Substances.
Sec. 14-164. Definitions.
Sec. 14-165. Unlawful acts.
Sec. 14-166. Penalty.
Sec. 14-164. Definitions.
(a) For purposes of this Division:
(1) A controlled dangerous substance means cocaine, phencyclidine, marijuana, or any other
drug, substance, or immediate precursor in Schedules I through V of Title 5, Subtitle 4 of the
Criminal Law Article, Annotated Code of Maryland, including any future amendments thereto,
any synthetic drug as defined in this Section, or any substance believed to be cocaine,
phencyclidine, marijuana, or any other drug, substance, or immediate precursor in Schedules I
through V of Title 5, Subtitle 4 of the Criminal Law Article, Annotated Code of Maryland,
including any future amendments thereto or any synthetic drug as defined in this Section.
(2) A synthetic drug means a chemical compound that is chemically synthesized and
(A) has been demonstrated to have binding activity at one or more cannabinoid receptors; or
(B) is a chemical analog or isomer of a compound that has been demonstrated to have binding
activity at one or more cannabinoid receptors; or
(C) is a substance that is a cannabinoid receptor type 1 (CB 1 receptor) agonist as demonstrated
by binding studies and functional assays within one of the following structural classes:
(i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by akyl
or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.
(ii) 3-(1-naphthoyl)indole or 3-(1-naphthyl)indole by substitution at the nitrogen atom of the
indole ring, whether or not further substituted on the indole ring to any extent, whether or not
substituted on the naphthoyl or naphthyl ring to any extent.
(iii) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or
not further substituted in the indole ring to any extent, whether or not substituted on the
naphthoyl ring to any extent.
304
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(iv) 1-(1-naphthylmethyl)indene by substitution of the 3-position of the indene ring, whether or
not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl
ring to any extent.
(v) 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole
ring, whether or not further substituted in the indole ring to any extent, whether or not substituted
on the phenyl ring to any extent.
(vi) 3-tetramethylcyclopropylindole by substitution at the nitrogen atom of the indole ring,
whether or not further substituted on the indole ring to any extent, whether or not substituted on
the naphthoyl or naphthyl ring to any extent.
(vii) 3-adamantoylindole by substitution at the nitrogen atom of the indole ring, whether or not
further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl
or naphthyl ring to any extent.
(viii) 3-adamantoyl-indazole by substitution at the nitrogen atom of the indazole ring, whether or
not further substituted on the indole ring to any extent, whether or not substituted on the
naphthoyl or naphthyl ring to any extent.
(ix) 3-carboxamide-indazole by substitution at the nitrogen atom of the indazole ring, whether or
not further substituted on the indole ring to any extent, whether or not substituted on the
naphthoyl or naphthyl ring to any extent.
(x) 3-carboxamide-indole by substitution at the nitrogen atom of the indazole ring, whether or
not further substituted on the indole ring to any extent, whether or not substituted on the
naphthoyl or naphthyl ring to any extent; or
(D) includes, but is not limited to, the following types:
(i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (also known as CP-47,497).
(ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (also known as
cannabicyclohexanol or CP-44, 497 C8-homolog).
(iii) 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018 and AM678).
(iv) 1-butyl-3-(1-naphthoyl)indole (also known as JWH-073).
(v) 1-hexyl-3-(1-naphthoyl)indole (also known as JWH-019).
(vi) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (also known as JWH-200).
305
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201, Santa Fe, NM 87501.
(vii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (also known as JWH-250).
(viii) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (also known as JWH-081).
(ix) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (also known as JWH-122).
(x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (also known as JWH-398).
(xi) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (also known as AM2201).
(xii) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (also known as AM694).
(xiii) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (also known as SR-19 and RCS-4).
(xiv) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (also known as SR-18 and RCS-8).
(xv) 1-pentyl-3-(2-chlorophenylacetyl)indole (also known as JWH-203).
(xvi) (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (also known as UR144).
(xvii) 1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (also known
as 5F-UR-144 or XLR11).
(xviii) [1-(2-morpholin-4-ylethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone
(also known as A796,260).
(xix) N-[3-(2-methoxyethyl)-4,5-dimethyl-1,3-thiazol-2-ylidene]-2,2,3,3tetramethylcyclopropane-1-carboxamide (also known as A836,339).
(xx) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide (also known as
AKB48).
(xxi) 1(5-fluoropentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide (also known
as 5F-AKB48).
(xxii) 1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole (also known as AM2233).
(xxiii) 1-((1-methylpiperidin-2-yl)methyl)-1H-indol-3-yl)(naphthalene-1-yl)methanone (also
known as AM1220).
(xxiv) 1-[(N-methylpiperidin-2-yl)methyl]-3-(adamant-1-oyl)indole (also known as AM1248).
306
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201, Santa Fe, NM 87501.
(xxv) 4-methylmethcathinone (also known as Mephedrone).
(xxvi) 3,4-methylenedioxypyrovalerone (also known as MDPV).
(xxvii) 3,4-methylenedioxymethcathinone (also known as Methylone).
(xxviii) Naphthylpyrovalerone (also known as Naphyrone).
(xxix) 4-fluoromethcathinone (also known as Flephedrone).
(xxx) 4-methoxymethcathinone (also known as Methedrone; Bk-PMMA).
(xxxi) N-Ethylcathinone (also known as Ethcathinone).
(xxxii) 3,4-methylenedioxyethcathinone (also known as Ethylone).
(xxxiii) Beta-keto-N-methyl-3,4-benzodioxyolybutanamine (also known as Butylone).
(xxxiv) N,N-dimethylcathinone (also known as Metamfepramone).
(xxxv) Alpha-pyrrolidinopropiophenone (also known as Alpha-PPP).
(xxxvi) 4-methoxy-alphapyrrolidinopropiophenone (also known as MOPPP).
(xxxvii) 3,4-methylenedioxy-alphapyrrolidinopropiophenone (also known as MDPPP).
(xxxviii) Alpha-pyrrolidinovalerophenone (also known as Alpha-PVP).
(xxxix) 6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine) (also known as MDAI).
(xl) 3-fluoromethcathinone.
(xli) 4'-Methyl-α-pyrrolidinobutiophenone (also known as MPBP).
(xlii) 2-(methylamino)-propiophenone; OR alpha-(methylamino)propiophenone (also known as
Methcathinone).
(xliii) 3-fluoromethcathinone (also known as 3-FMC).
(xliv) 3-methoxymethcathinone (also known as HMMC).
(xlv) 2-(methylamino)-1-phenylpropan-1-one (also known as Ephedrone).
307
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(xlvi) 4-ethylmethcathinone (also known as 4-EMC).
(xlvii) 3,4-Dimethylmethcathinone (also known as 3,4-DMMC).
(xlviii) Beta-Keto-N-methylbenzodioxolylpentanamine (also known as Pentylone).
(xlix) Beta-Keto-Ethylbenzodioxolylbutanamine (also known as Eutylone).
(l) (1-(4-methylphenyl)-2-(1-pyrrolindinyl-1-pentanone)) (also known as Pyrovalerone).
(li) (RS)-1-(4-bromophenyl)-2-methylaminopropan-1-one (also known as Bromomethcathinone
or 4-BMC or 4-Bromomethcathinone).
(lii) (RS)-2-dimethylamino-1-phenylpropan-1-one (also known as Dimethylcathinone).
(liii) 3,4-Methylenedioxy-alpha-pyrrolidinobutiophenone (also known as MDPBP).
(liv) Methyl-alpha-pyrrolidinohexiophenone (also known as MPHP).
(lv) N-N-Dimethyl-3,4-methylenedioxycathinone.
(lvi) N-N-Diethyl-3,4-methylenedioxycathinone.
(lvii) 2-Bromo-3,4-Methylenedioxypropiophenone.
(lviii) 3,4-methylendioxy-propiophenone-2-oxime.
(lix) N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone.
(lx) N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone.
(lxi) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (also known as 2C-E).
(lxii) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (also known as 2C-D).
(lxiii) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (also known as 2C-C).
(lxiv) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (also known as 2C-I).
(lxv) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (also known as 2C-T-2).
(lxvi) 2-[4-(Isopropylthio)-2,5- dimethoxyphenyl]ethanamine (also known as 2C-T-4).
308
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(lxvii) 2-(2,5-Dimethoxyphenyl)ethanamine (also known as 2C- H).
(lxviii) 2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine (also known as 2C-N).
(lxix) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (also known as 2C-P).
(lxx) the N-O-methoxybenzyl analogs of the above listed 2C compounds (also known as
NBOMe compounds).
(CB-6-1990; CB-5-2013)
Sec. 14-165. Unlawful acts.
(a) It shall be unlawful for any person to attempt to possess any controlled dangerous substance.
(b) It shall be unlawful to distribute or dispense a controlled dangerous substance or possess a
controlled dangerous substance in a sufficient reasonable quantity to indicate under all
circumstances an intent to distribute or dispense a controlled dangerous substance except as
provided in Title 5 of the Criminal Law Article, Annotated Code of Maryland, including any
future amendments thereto.
(c) It shall be unlawful for any person to operate, or knowingly permit another to operate, any
motor vehicle with the knowledge that the operation of the vehicle is being used or intended for
use to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or
concealment of, any controlled dangerous substance.
(d) It shall not be a defense to a prosecution under this Division that the substance that the person
actually possessed, or that the person attempted to possess, was not a controlled dangerous
substance if the person believed that the substance was a controlled dangerous substance.
(e) Any person committing the acts enumerated in subsections (a), (b), and (c) of this Section
shall be subject to the penalties enumerated in Section 14-166, which is imprisonment not to
exceed six (6) months or a fine of One Thousand Dollars ($1,000.00), or both.
(CB-6-1990; CB-5-2013)
Sec. 14-166. Penalty.
Violation of this Division shall be punishable upon conviction by imprisonment not to exceed six
(6) months or a fine of One Thousand Dollars ($1,000.00), or both.
(CB-6-1990)
Back to Top 
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contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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201, Santa Fe, NM 87501.
MASSACHUSETTS
Fall River, MA
Ordinance No. 2012-29
BE IT ORDAINED by the City Council of the City of Fall River, as follows:
By inserting Chapter 34, which chapter relates to Health, a new Article VIII Regulating the
Possession, Distribution and Display of Certain Substances and inserting under said article, the
following new sections to read as follows:
Section 34-361 Possession, Distribution & Display of Certain Substances
It has been reported by various agencies that synthetic cannabinoids, synthetic cathinones and
synthetic hallucinogens have been linked to serious physical effects resulting in hospitalization
and death when ingested, inhaled or otherwise introduced into the human body. These synthetic
cannabinoids, synthetic cathinones and synthetic hallucinogens pose health, safety, and welfare
issues to the residents of the City of Fall River.
Section 34-362 Definitions.
As used in this Article, the following terms shall have the meaning ascribed to them below:
Cannabimimetic Agents: Unless specifically exempted by law, any material, compound, mixture
or preparation which contains any quantity of cannabimimetic agents, their salts, isomers, and
salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible
within the specific chemical designation. As used in this Article, cannabimimetic agents mean:
1. Any substance that is a cannabinoid receptor type 1 (CB 1 receptor) as demonstrated by
binding studies and functional assays within the following structural classes:
a. 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the penolic ring by alkyl
or alkenyl, whether or not substituted on the cyclohexyl ring to any extent;
b. 3-(1-naphthoyl)indole or 3-(1-naphthyl)indole by substitution at the nitrogen atom of the
indole ring, whether or not further substituted on the indole ring to any extent, whether or not
substituted on the naphthoyl or napthtyl ring to any extent;
c. 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not
further substituted in the indole ring to any extent, whether or not substituted on the naphthoyl
ring to any extent;
310
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201, Santa Fe, NM 87501.
d. 1-(1-napththylmethyl)indene by substitution of the 3-position of the indene ring, whether or
not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl
ring to any extent; or
e. 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole
ring, whether or not further substituted in the indole ring to any extent, whether or not substituted
on the phenyl ring to any extent.
2. Any substance which includes any one (1) or more of the following chemicals:
a. CP 47,497; 5-(1,1-dimethylhepty1)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
b. Cannabicyclohexanol;5-(1,1-dimethylhepty1)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
c. JWH-015;(2methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone;
d. JWH-018; 1-pentyl-3-(1-naphthoyl) indole;
e. JWH-019; 1-hexyl-3-(1-naphthoyl)indole;
f. JWH-073; 1-butyl-3-(1-naphthoyl)indole;
g. JWH-081;1-pentyl-3-(1-4-methoxynaphthoyl)indole;
h. JWH-122; 1-pentyl-3-(4-methyl-1-naphthoyl)indole;
i. JWH-200; 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole;
j. JWH-203; 1-pentyl-3-(2-chlorophenylacetyl)indole;
k. JWH-250; 1-pentyl-3-(2-methoxyphenylacetyl)indole;
l. JWH-398; 1-pentyl-3-(4-chloro-1-naphthoyl)indole;
m. AM2201; 1-(5-fluoropentyl)-3-(1-naphthoyl)indole;
n. AM694; 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole:
o. SR-19 and RCS-4; 1-pentyl-3-(4-methoxy-benzoyl)indole; and
p. SR-18 and RCS-8; 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole.
3. Any substance which includes any one (1) or more of the following chemicals:
a. 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
b. 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);
c. 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
d. 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
e. 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);
f. 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);
g. 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
h. 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine(2C-N); and
i. 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
Illegal Chemical Product: Any substance which includes any one (1) or more of the following
chemicals:
1. 3,4 – methylenedioxymethcathinone, MDMC;
311
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201, Santa Fe, NM 87501.
2. Medphradone (4-methylmethcathinone);
3. 4 – methylmethcathinone, 4 – MMC;
4. 4 – methoxymethcathinone, bk – PMMA, PMMC;
5. 3, 4 – fluoromethcathinone, FMC;
6. Napthylpyrovalerone, NRG -1;
7. Beta-keto-N-methylbenzodioxolylpropylamine;
8. 2-(methylamino)-propiophenone; OR alpha-(methylamino) propiophenone;
9. 3-methoxymethcathinone;
10. 2-(methylamino)-1-phenylpropan-1-one;
11. 4-ethylmethcathinone;
12. 3,4-dimethylmethcathinone;
13. Alpha-Pyrrolidinopentiophenone;
14. Beto-Keto-Ethylbenzodioxolybutanamine;
15. 3,4-methylenedioxy-N-ethylcathinone;
16. 4-methyl-alpha-pyrrolidinobutyrophenone;
17. Methylenedioxypyrovalerone or [(MDPV) (1-(1,3-Benzodioxol-5-ul)-2-(1-pyrrolidinyl)-1pentanone]; and
18. MDAI; 5, 6-methylenedioxy-2-aminoinadame.
Person: An individual, corporation, partnership, wholesaler, retailer, or any licensed or
unlicensed business.
Section 34-363 Scope of Requirement
A. No person shall sell, offer to sell, gift, or publicly display for sale any cannabimimetic agent,
illegal chemical product, or like products that shall intentionally or willfully induce the
symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior,
exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of
audio, visual, or mental processes, that is similar to a controlled substance or imitation controlled
substance.
B. No person shall knowingly possess, inhale, or ingest any cannabimimetic agent or illegal
chemical product or like products that shall intentionally or willfully induce the symptoms of
intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis,
stupefaction, or dulling of the senses or nervous system, distortion of audio, visual, or mental
processes, that is similar to a controlled substance or imitation controlled substance.
C. This Article shall apply whether the cannabimimetic agents or illegal chemical products, as
herein defined, are desired as tobacco, herbs, incense, spice, bath salts, plant food or any blend
thereof, regardless of whether the substance is marketed for the purpose of being smoked or
ingested.
312
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201, Santa Fe, NM 87501.
Section 34-364 Enforcement and Penalties.
This Article shall be enforced by the Fall River Police Department through any lawful means in
law or in equity including, but not limited to, enforcement by criminal indictment or complaint
pursuant to M.G.L. c. 40, § 21, or by noncriminal disposition pursuant to M.G.L c. 40, § 21D.
The fine for violation of this Article shall be three hundred dollars ($300) for each offense. A
separate offense shall be deemed committed for each sale, offer to sell, gift, or public display for
sale.
Section 34-365 Reporting Requirement
The Fall River Police Department shall report any violation from a licensed establishment to the
local licensing authorities.
Section 34-366 Seizure of controlled substances.
All substances, found in plain view, being used in violation of this Article may be seized and
held until final adjudication whereupon they will be destroyed by the Fall River Police
Department.
This ordinance shall take effect upon passage to be ordained.
In City Council, August 31, 2012
Passed to be ordained, as amended
Approved, August 31, 2012
William A. Flanagan, Mayor
A true copy. Attest:
Alison M. Bouchard
City Clerk
Back to Top 
313
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201, Santa Fe, NM 87501.
MICHIGAN
Canton Charter Township, MI
Part I – General Ordinances.
Chapter 46 – Offenses and Miscellaneous Provisions.
Article IV. Offenses Involving Public Safety.
Division 4. Synthetic Marijuana and Other Synthetic Hallucinogenic Drugs.
Sec. 46-270. Findings, intent and purpose.
Sec. 46-271. Definitions.
Sec. 46-272. Trafficking prohibitions.
Sec. 46-273. Possession and use prohibitions.
Sec. 46-274. Probable cause evidentiary presumption.
Sec. 46-275. Penalty.
Secs. 46-276—46-290. Reserved.
Sec. 46-270. Findings, intent and purpose.
(a) The township finds that synthetic marijuana, consisting of plant or other material treated with
chemicals or other substances that have not been approved for human consumption is being
marketed and sold as herbal incense and is being used in the same manner and for the same
purposes as marijuana, with that use having becoming increasingly popular, particularly among
teens and young adults.
(b) The township further finds that other synthetic hallucinogenic drugs, including but not
limited to substituted cathinones or synthetic cocaine, consisting of a crystallized power treated
with chemicals or other substances that have not been approved for human consumption are
being marketed and sold as bath salts, plant food, and other similar products are being used in the
same manner and for the same purposes as cocaine.
(c) The township further finds based on information and reports from poison control centers,
emergency room doctors, and police agencies, that individuals who use synthetic marijuana and
other synthetic hallucinogenic drugs experience dangerous side effects, including convulsions,
tremors, seizures, hallucinations, unconsciousness, anxiety attacks, dangerously elevated heart
rates, increased blood pressure, vomiting, and disorientation, evidencing that these herbal
incense products are harmful if consumed and present an imminent and significant public health
danger to persons consuming such products and other persons coming in contact with them.
(d) The township further finds that, notwithstanding the high potential for abuse, and lack of any
accepted medical use, the ability of the state to prohibit all forms of synthetic marijuana and
other synthetic hallucinogenic drugs as controlled substance has been frustrated due to the
changing nature of the chemicals used in the manufacturing process.
314
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(e) The township further find that in addition to synthetic marijuana and other synthetic
hallucinogenic drugs, there may be other products or materials containing chemicals or
substances, that while not approved for human consumption, are or may be marketed and sold in
a form that allows for such consumption and which, upon consumption, may result in the same
serious side effects and public health dangers as synthetic marijuana and other synthetic
hallucinogenic drugs.
(f) Based on these findings, this ordinance is adopted for the purpose and with the intent to
protect the public health and safety of the township and its residents from the threat posed by the
availability and use of synthetic marijuana and other dangerous products by prohibiting persons
from trafficking in, possessing, and using them in the township.
(Ord. of 6-12-2012)
Sec. 46-271. Definitions.
As used in this division, the following words and phrases shall have the meaning indicated.
Act shall mean the controlled substances provisions in Article & of the Public Health Code,
Public Act No. 368 of the Public Acts of 1978, MCL 333.7101 to 333.7545, as amended, which
is hereby adopted by reference as part of this division.
Chemical agent shall mean any chemical or organic compound, substance, or agent that is not
made, intended or approved for consumption by humans. Consumable product or material shall
mean a product or material that, regardless of packaging or disclaimers, is not for human
consumption or use, is in a form that readily allows for human use by inhalation, ingestion,
injection, or application, through means including, but not limited to, smoking or ingestion by
mouth with or without mixing with food or drink.
Controlled substance shall mean a substance included as a controlled substance in schedules 1
through 5 of the Act, or a substance temporarily scheduled or rescheduled as a controlled
substance as provided in the Act.
Controlled substance analogue shall have the same meaning as defined in the Act, which is a
substance, the chemical structure of which is substantially similar to that of a controlled
substance in schedules 1 and 2 of the Act.
Dangerous product shall mean a consumable product or material containing a dangerous
substance.
Dangerous substance shall mean:
315
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(1) A chemical agent that under 2451 of the Act, MCL 333.2451, has been determined by the
local health official to be or present an imminent danger to the health or lives of humans which
present in a consumable product or material; and
(2) A chemical agent in a consumable product or materials unless that chemical agent is
conspicuously identified and described in writing on the packaging of the product, and has not
been previously determined by the township or other governmental authority to be or present an
imminent danger to the health or lives of humans when present in that type of consumable
product or material.
Substituted cathinones shall mean any compound, other than buproprion, that is structurally
derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:
(1) Substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or
halide substituents, whether or not further substituted in the phenyl ring by one or more other
univalent substituents;
(2) Substitution at the 3-position with an alkyl substituent;
(3) Substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen
atom in a cyclic structure.
"Substituted cathinones" shall include chemicals with the following trade names:
Mephedrone, Mephadrone or 4-MMC; Methacathinone; MDVP; Methylone; Methedrone;
Flephdrone; 3-FMC; HMMC; MPBP; Ephedrone; 4-EMC; 3,4-DMMC; alpha-PVP; Naphryone;
Butlyone; Pentylone; Eutylone; Ethylone, MDEC beta-Keto-MDEA; MDAI; Pyrovalerone;
Ethcathinone or Ethylpropion; Metamfepramone; ALPHA-PPP; MOPPP; MDPPP; Alpha-PVP
or O-2387; Bromomethcathinone, 4-BMC, or 4-romomrthcathinone; Buphredrone or MABP;
Dimethlycathinone, Metafepramone, demethylproprion, or dimepropion; MDPBP; MPHP; and
other substances with a structure and effect that is substantially similar to those listed. The terms
shall not include substituted cathinones that require a prescription, are approved with the United
States Food and Drug Administration and are dispensed in accordance with state and federal law.
Synthetic cannabinoid shall mean any of the following chemical compounds, substances, or
agents identified below, as may be amended from time to time by Resolution of the Township
Board:
"AM Cannabinoids" being synthetic chemical compounds, substances or agents created by
Alexandros Makriyannis or his research group and identified as any of the following: AM-087;
AM-251; AM-281; AM 356; AM-374; AM-404; AM-411; AM-630; AM-661; AM-678; AM679; AM-694; AM-855; AM-881; AM-883; AM-905; AM-906; AM-919; AM-926; AM-938;
AM-1116; AM-1172; AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM316
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201, Santa Fe, NM 87501.
2212; AM-2213; AM-2232; AM-2233; AM-3102; AM-4030; and other substances with a
structure and effect that is substantially similar to those listed. The terms shall not include
synthetic cannabinoids that require a prescription, are approved with the United States Food and
Drug Administration and are dispensed in accordance with state and federal law.
"CP Cannabinoids" being synthetic chemical compounds, substances, or agents identified as CP47, 497; (C6)-CP-47, 497; (C7)-CP-47, 497; (C8)-CP-47, 497; (C9)-CP-47-497; CP-50, 556-1;
CP-55, 244; CP-55, 940; CP-945, 980; and other substances with a structure and effect that is
substantially similar to those listed. The terms shall not include synthetic cannabinoids that
require a prescription, are approved with the United States Food and Drug Administration and
are dispensed in accordance with state and federal law.
"HU Cannabinoids" being synthetic chemical compounds, substances or agents synthesized at
the Hebrew University and identified as HU-210; HU-211; HU-243; HU-308; HU-320; HU-331;
HU-336; HU-345; and other substances with a structure and effect that is substantially similar to
those listed. The terms shall not include synthetic cannabinoids that require a prescription, are
approved with the United States Food and Drug Administration and are dispensed in accordance
with state and federal law.
"JWH Cannabinoids" being synthetic chemical compounds, substances or agents created by John
W. Huffman or his research group and identified as JWH-007; JWH-015; JWH-018; JWH-019;
JWH-030; JWH-047; JWH-048; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098; JWH116; JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161;
JWH-164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH184; JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-196; JWH-197; JWH-198;
JWH-199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234L JWH249L JWH-250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336;
JWH-350; JWH-359; JWH-387; JWH-398; JWH-424; substances with a structure and effect that
is substantially similar to those listed. The terms shall not include synthetic cannabinoids that
require a prescription, are approved with the United States Food and Drug Administration and
are dispensed in accordance with state and federal law.
Synthetic cocaine shall mean a consumable product or material the contains a substituted
cathinone or other dangerous substance, which on the date this division was added to the Code
included the substance commonly known as bath salts and plant food.
Synthetic marijuana shall mean a consumable product or material that contains a synthetic
cannabinoid or other dangerous substance, which on the date this division was added to the Code
included herb and herbal incense products marketed and most commonly known as K2 and
Spice.
317
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Traffic and trafficking shall mean to manufacture, distribute, dispense, sell, transfer, or possess
with intent to manufacture, distribute, sell or transfer. Transfer shall mean to dispose of a
controlled substance to another person without consideration and not in furtherance of any
commercial purpose.
(Ord. of 6-12-2012)
Sec. 46-272. Trafficking prohibitions.
It shall be unlawful for any person to traffic, or knowingly allow trafficking on property owned
or controlled by that person, in any of the following:
(1) A consumable product or material containing a controlled substance or controlled substance
analogue.
(2) A dangerous product.
(3) Synthetic marijuana.
(4) Substituted cathinone.
(Ord. of 6-12-2012)
Sec. 46-273. Possession and use prohibitions.
It shall be unlawful for any person to possess or use, or knowingly allow the possession and use
on property owned or controlled by that person, of any of the following:
(1) A consumable product or material containing a controlled substance or controlled substance
analogue.
(2) A dangerous product.
(3) Synthetic marijuana.
(4) Substituted cathinone.
(Ord. of 6-12-2012)
Sec. 46-274. Probable cause evidentiary presumption.
In recognition that the presence of a controlled substance, controlled substance analogue,
synthetic cannabinoid, substituted cathinone, or dangerous substance in a consumable product or
material may require laboratory testing that cannot be done at the time a violation of this division
is believed to have occurred, for purposes of determining the existence of probable cause, it shall
be presumed that a consumable product or material contains one or more of those substances if it
318
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201, Santa Fe, NM 87501.
is being or has been marketed or sold for a price that is substantially higher than the price at
which the same quantity of a similar and comparable product or material that is known to not
contain such substances can be purchased.
(Ord. of 6-12-2012)
Sec. 46-275. Penalty.
The penalty for violation of this division shall be a misdemeanor, punishable by a fine of not
more than $500.00, imprisonment for a period of not more than 90 days, or both, as provided for
in section 1-7(c) of this Code.
(Ord. of 6-12-2012)
Secs. 46-276—46-290. Reserved.
319
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Commerce Charter Township, MI
Chapter 28. Offenses.
Article XIII. Synthetic Marijuana and Dangerous Products.
Sec. 28-410. - Findings, intent and purpose.
Sec. 28-411. - Definitions and adoption by reference.
Sec. 28-412. - Trafficking prohibitions.
Sec. 28-413. - Possession and use prohibitions.
Sec. 28-414. - Probable cause evidentiary presumption.
Sec. 28-415. - Penalties.
Sec. 28-416. - Synthetic Cannabinoid Appendix.
Sec. 28-410. - Findings, intent and purpose.
(a) The township finds that synthetic marijuana, consisting of plant or other material treated with
chemicals or other substances that have not been approved for human consumption, is being
marketed and sold as herbal incense or other products not normally associated with human
consumption and is being used in the same manner and for the same purposes as marijuana, with
that use having become increasingly popular, particularly among teens and young adults.
(b) The township further finds based on information and reports from poison control centers,
hospitals, emergency room doctors, and police agencies, that individuals who use synthetic
marijuana sometimes experience dangerous side effects including convulsions, tremors, seizures,
hallucinations, unconsciousness, anxiety attacks, dangerously elevated heart rates, increased
blood pressure, vomiting, and disorientation, evidencing that these products are harmful if
consumed and present an imminent and significant public health danger to persons consuming
such products and other persons coming in contact with them.
(c) The township further finds that, notwithstanding the high potential for abuse, and lack of any
accepted medical use, the ability of the state to prohibit all forms of synthetic marijuana as a
controlled substance has been frustrated due to the changing nature of the chemicals used in the
manufacturing process.
(d) The township further finds that in addition to synthetic marijuana, there may be other
products or materials containing chemicals or substances, that while not approved for human
consumption, are or may be marketed and sold in a form that allows for such consumption and
which, upon consumption, may result in the same serious side effects and public health dangers
as synthetic marijuana.
(e) Based on these findings, this article is adopted for the purpose and with the intent to protect
the public health and safety of the township and it residents from the threat posed by the
availability and use of synthetic marijuana and other dangerous products by prohibiting persons
from trafficking in, possessing, and using them in the township.
320
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(Ord. No. 1.019, § 2, 6-26-2012)
Sec. 28-411. - Definitions and adoption by reference.
As used in this article, the following words and phrases have the meanings indicated.
Act means the controlled substances provisions in Article 7 of the Public Health Code, Public
Act No. 368 of 1978, MCL 333.7101 to MCL 333.7545, as amended, which is hereby adopted
by reference as a part of this article.
Chemical agent means any chemical or organic compound, substance, or agent that is not made,
intended and approved for consumption by humans.
Consumable product or material means a product or material, that regardless of packaging
disclaimers or disclosures that it is not for human consumption or use, is in a form that readily
allows for human consumption by inhalation, ingestion, injection, or application, through means
including but not limited to smoking, or ingestion by mouth with or without mixing with food or
drink.
Controlled substance means a substance included as a controlled substance in schedules 1
through 5 of the Act or a substance temporarily scheduled or rescheduled as a controlled
substance as provided in the Act.
Controlled substance analogue has the same meaning as defined in the Act, which is a substance,
the chemical structure of which is substantially similar to that of a controlled substance in
schedules 1 and 2 of the Act.
Dangerous product means a consumable product or material containing a dangerous substance.
Dangerous substance means: (i) a chemical agent that under section 2451 of the Act, MCL
333.2451, has been determined by the local health officer to be or present an imminent danger to
the health or lives of humans when present in a consumable product or material; and, (ii) a
chemical agent in a consumable product or material unless that chemical agent is conspicuously
identified and described in writing on the packaging of the product, and has not been previously
determined by the township or other governmental authority to be or present an imminent danger
to the health or lives of humans when present in that type of consumable product or material.
Synthetic cannabinoid means a chemical compound, substance or agent identified in the
Synthetic Cannabinoid Appendix that is part of this article.
Synthetic marijuana means a consumable product or material that contains a synthetic
cannabinoid or other dangerous substance, which on the date this article was added to the Code,
321
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included herb and herbal incense products marketed and most commonly known as K-2 and
Spice.
Synthetic stimulants include any material, compound, mixture, or preparation, except bupropion,
which contains any quantity of the following substances having a stimulant effect on the central
nervous system, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or
ethers whenever the existence of such salts, isomers, esters, or ethers, and salts of isomers, esters,
or ethers is possible within any of the following specific chemical designations:
(1) Naphthylpyrovaleron, whether or not further substituted in the naphthyl ring to any extent
with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further
substituted in the naphthyl ring by one or more other univalent substituents, or whether or not
further substituted in the carbon chain at the 3-, 4-, or 5-position with an alkyl substituent.
(2) 2-amino-1-phenyl-1-propanone (cathinone) or variation in any of the following ways:
a. By substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or
halide substituents, whether or not further substituted in the phenyl ring by one or more other
univalent substituents.
b. By substitution at the 3-position with an alkyl substituent.
c. By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, or benzyl groups, or by
inclusion of the 2-amino nitrogen atom in a cyclic structure.
Traffic and trafficking means to manufacture, distribute, dispense, sell, transfer, or possess with
intent to manufacture, distribute, dispense, sell, or transfer.
Transfer means to dispose of a controlled substance to another person without consideration and
not in furtherance of commercial distribution.
(Ord. No. 1.019, § 2, 6-26-2012)
Sec. 28-412. - Trafficking prohibitions.
It shall be unlawful for any person to traffic, or knowingly allow trafficking on property owned
or controlled by that person, in any of the following:
(1) A consumable product or material containing a controlled substance or controlled substance
analogue.
(2) A dangerous product.
322
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(3) Synthetic marijuana.
(4) Synthetic stimulants.
(Ord. No. 1.019, § 2, 6-26-2012)
Sec. 28-413. - Possession and use prohibitions.
It shall be unlawful for any person to possess or use, or knowingly allow the possession and use
on property owned or controlled by that person, of any of the following:
(1) A consumable product or material containing a controlled substance or controlled substance
analogue.
(2) A dangerous product.
(3) Synthetic marijuana.
(4) Synthetic stimulants.
(Ord. No. 1.019, § 2, 6-26-2012)
Sec. 28-414. - Probable cause evidentiary presumption.
In recognition that the presence of a controlled substance, controlled substance analogue,
synthetic cannabinoid, synthetic stimulant or dangerous substance in a consumable product or
material may require laboratory testing that cannot be done at the time a violation of this article
is believed to have occurred, for purposes of determining the existence of probable cause, it shall
be presumed that a consumable product or material contains one or more of those substances if it
is being or has been marketed or sold for a price that is substantially higher than the price at
which the same quantity of a similar and comparable product or material that is known to not
contain such substances can be purchased.
(Ord. No. 1.019, § 2, 6-26-2012)
Sec. 28-415. - Penalties.
The sanction for a violation of this article shall be as a misdemeanor, punishable by a fine of not
more than $500.00 and/or imprisonment for not more than 90 days as provided in section 1-10(a)
of this Code.
(Ord. No. 1.019, § 2, 6-26-2012)
Sec. 28-416. - Synthetic Cannabinoid Appendix.
Synthetic cannabinoids. As used in this article includes any material, compound, mixture, or
preparation that is not otherwise listed as a controlled substance in Schedule 1 of Section 7212 of
323
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Public Act 368 of 1978, as amended; Schedule 2 of Section 7214 of Public Act 368 of 1978, as
amended; Schedule 3 of Section 7216 of Public Act 368 of 1978, as amended; Schedule 4 of
Section 7218 of Public Act 368 of 1978, as amended; Schedule 5 of Section 7220 of Public Act
368 of 1978, as amended, is not approved by the Federal Food and Drug Administration as a
drug, and contains any quantity of the following substances, their salts, isomers (whether optical,
positional, or geometric), homologues (analogs), and salts of isomers and homologues (analogs),
unless specifically excepted, whenever the existence of these salts, isomers, homologues
(analogs), and salts of isomers and homologues(analogs) is possible within the specific chemical
designation:
(1) Any compound containing a 3-(1-naphthoyl)indole structure, also known as
naphthoylindoles, with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4morpholinyl)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. Examples of this structural class
include but are not limited to: JWH-007, JWH-015, 1-pentyl-3-(1-naphthoyl) indole, also known
as JWH-018, JWH-019, 1-butyl-3-(1-naphthoyl) indole, also known as JWH-073, JWH-081,
JWH-122, 1-2-[(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole also known as JWH-200; JWH210, JWH-398, AM-1220, AM-2201, AND WIN-55, 212-2.
(2) Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure, also known as
naphthylmethylindoles, with substitution at the nitrogen atom of the indole ring by an 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 naphthyl ring to any extent. Examples of this structural
class include but are not limited to: JWH-175, AND JWH-184.
(3) Any compound containing a 3-(1-naphthoyl)pyrrole structure, also known as
naphthoylpyrroles with substitution at the nitrogen atom of the pyrrole ring by an 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 further substituted in the indene ring to any extent, and whether or not substituted
in the naphthyl ring to any extent. Examples of this structural class include but are not limited to:
JWH-370, JWH-030.
(4) Any compound containing a naphthylideneindene structure; also known as
naphthylmethylindenes with substitution at the 3-position of the indene ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent
and whether or not substituted in the naphthyl ring to any extent. Examples of this structural
class include but are not limited to: JWH-176.
324
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(5) Any compound containing a 3-phenylacetylindole structure, also known as
phenylacetylindoles, with substitution at the nitrogen atom of the indole ring by an 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. Examples of this structural class
include but are not limited to: RCS-8 (SR-18), JWH-250, JWH-203, JWH-251, AND JWH-302.
(6) Any compound containing a 2-(3- hydroxycyclohexyl)phenol structure, also known as
cyclohexylphenols, with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent.
Examples of this structural class include but are not limited to: CP-47,497 (5-(1,1dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol); (and Homologues (analogs)),
cannabicyclohexanol, 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(cannabicyclo-hexanol; CP-47, 497 C8 homologue), CP-55,940 and all "CP Cannabinoids" being
synthetic chemical compounds, substances or agents identified as (C6)-CP-47,497; (C7)-CP-47,
497; (C8J-CP-47, 497; (C9)-CP-47, 497; CP-50, 556-1; CP-55,244; CP-55, 940; CP-945, 598;
and other substances with a structure and effect that is substantially similar to those listed. The
term shall not include synthetic cannabinoids that require a prescription, are approved by the
United States Food and Drug Administration and are dispensed in accordance with state and
federal law.
(7) Any compound containing a 3-(benzoyl)indole structure, also known as benzoylindoles, with
substitution at the nitrogen atom of the indole ring by an 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. examples of this structural class include but are not
limited to: pravadoline (WIN-48,098), RCS-4, and "AM Cannabinoids" being synthetic chemical
compounds, substances or agents created by Alexandras Makriyannis or his research group and
identified as AM-087; AM-251; AM-281; AM-356; AM-374; AM-381; AM-404; AM-411; AM630; AM-661; AM-678; AM-679; -694; AM-855; AM-881; AM-883; AM-905; AM-906; AM919; AM-926; AM-938; AM-1116; AM-1172; AM-1221; AM-1235; AM-1241; AM-2212; AM2213; AM-2232; AM-2233; AM-2102; AM-4030; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
(8) Any compound containing a 11-hydroxy-/8-tetrahydrocannabinol structure, also known as
dibenzopyrans, with further substitution in the 3-pentyl group by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkyethyl, 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
group. Examples of this structural class include but are not limited to: 14 HU-210, JWH-051, and
JWH-133.
325
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(9) Any compound containing a 3-(l-adamantoyl) indole structure, also known as
adamantoylindoles, with substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, or 2(4-morpholinyl)ethyl group, whether or not further substituted in the adamantyl ring system to
any extent. Examples of this structural class include but are not limited to: AM-1248.
(10) Any other synthetic chemical compound that is a cannabinoid receptor agonist and mimics
the pharmacological effect of naturally occurring cannabinoids that is not listed in schedules ii
through v and is not approved by the Federal Food and Drug Administration as a drug.
(11) "HU Cannabinoids" being synthetic chemical compounds, substances or agents synthesized
at the Hebrew University and identified as HU-211; HU-243; HU-308; HU-320; HU-331; HU336; HU-345; and other substances with a structure and effect that is substantially similar to
those listed. The term shall not include synthetic cannabinoids that require a prescription, are
approved by the United States Food and Drug Administration and are dispensed in accordance
with state and federal law.
(12) "JWH Cannabinoids" being synthetic chemical compounds, substances or agents created by
John W. Huffman or his research group and identified as JWH-047; JWH-048; JWH-057; JWH098; JWH-116; JWH-120; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161; JWH-164;
JWH-166; JWH-167; JWH-171; JWH-181; JWH-182; JWH-185; JWH-192; JWH-193; JWH 194; JWH-195; JWH-196; JWH-197; JWH-198; JWH-199; JWH-205; JWH-213; JWH-229;
JWH-234; JWH-249; JWH 250; JWH-253; JWH-258; JWH-300; JWH-307; JWH-336; JWH350; JWH-359; JWH-387; JWH-424; and other substances with a structure and effect that is
substantially similar to those listed. The term shall not include synthetic cannabinoids that
require a prescription, are approved by the United States Food and Drug Administration and are
dispensed in accordance with state and federal law.
(13) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)-pyrrolo-[1,2,3-de]-1,4-benzoxaziN-6-yl]-1napthalenylmethanone.
(14) 9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctaN-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]
chromeN-1-ol.
(15) Adamantoylindoles: any compound containing a 3-(1-adamantoyl)indole structure with
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, or 2-(4- morphonyl)ethyl
group, whether or not further substituted in the indole ring to any extent and whether or not
substituted in the adamantyl ring system to any extent.
(Ord. No. 1.019, § 2, 6-26-2012)
326
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Dearborn, MI
Part II – Code of Ordinances.
Chapter 14 – Offenses.
Article VI. Offenses Against Public Morals.
Division 6. Synthetic Marijuana and Dangerous Products.
Sec. 14-245. - Intent.
Sec. 14-246. - Definitions and adoption by reference.
Sec. 14-247. - Trafficking prohibitions.
Sec. 14-248. - Possession and use prohibitions.
Sec. 14-249. - Probable cause evidentiary presumption.
Sec. 14-250. - Penalties.
Sec. 14-251. - Severability.
Secs. 14-252—14-255. - Reserved.
Sec. 14-245. - Intent.
(a) The city finds that synthetic marijuana, consisting of plant or other material treated with
chemicals or other substances that have not been approved for human consumption, is being
marketed and sold as herbal incense and is being used in the same manner and for the same
purposes as marijuana, with that use having become increasingly popular, particularly among
teens and young adults. Furthermore, those selling and/or marketing synthetic marijuana know or
reasonably should know that synthetic marijuana is not being used as herbal incense but is being
used to cause intoxication and/or hallucination among those consuming it.
(b) The city further finds based on information and reports from poison control centers, hospitals,
emergency room doctors, and police agencies, that individuals who use synthetic marijuana
experience dangerous side effects including convulsions, tremors, seizures, hallucinations,
unconsciousness, anxiety attacks, dangerously elevated heart rates, increased blood pressure,
vomiting, and disorientation, evidencing that these herbal incense products are harmful if
consumed and present an imminent and significant public health danger to persons consuming
such products and other persons coming into contact with them.
(c) The city further finds that, notwithstanding the high potential for abuse, and lack of any
accepted medical use, the ability of the state to prohibit all forms of synthetic marijuana as a
controlled substance has been frustrated due to the changing nature of the chemicals used in the
manufacturing process.
(d) The city further finds that in addition to synthetic marijuana, there may be other products or
materials containing chemicals or substances that, while not approved for human consumption,
are or may be marketed and sold in a form that allows for such consumption and which, upon
consumption, may result in the same serious side effects and public health dangers as synthetic
marijuana.
327
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(e) Based on these findings, this division is adopted for the purpose and with the intent to protect
the public health and safety of the city and its residents from the threat posed by the availability
and use of synthetic marijuana and other dangerous products by prohibiting persons from
trafficking in, possessing, and using them in the city.
(Ord. No. 12-1360, 6-19-12)
Sec. 14-246. - Definitions and adoption by reference.
As used in this division, the following words and phrases have the meanings indicated.
Act means the controlled substance provisions in Article 7 of the Public Health Code, Public Act
No. 368 of 1978, MCL 333.7101—MCL 333.7545, as amended which is hereby adopted by
reference as part of this division.
Chemical agent means any chemical or organic compound substance, or agent that is not made,
intended and approved for consumption by humans.
Consumable product or material means a product or material, that regardless of packaging
disclaimers or disclosures that it is not for human consumption or use, is in a form that readily
allows for human consumption by inhalation, ingestion, injection, or application, through means
including but not limited to smoking, or ingestion by mouth with or without mixing with food or
drink.
Controlled substance means a substance included as a controlled substance in schedules 1
through 5 of the Act or a substance temporarily scheduled or rescheduled as a controlled
substance as provided in the Act.
Controlled substance analogue has the same meaning as defined in the Act, which is a substance,
the chemical structure of which is substantially similar to that of a controlled substance in
schedules 1 and 2 of the Act.
Dangerous product means a consumable product or material containing a dangerous substance.
Dangerous substance means: (i) a chemical agent that under section 2451 of the Act, MCL
333.2451, has been determined by the state or county health officer to be or present an imminent
danger to the health or lives of humans when present in a consumable product or material; and
(ii) a chemical agent in a consumable product or material unless that chemical agent is
conspicuously identified and described in writing on the packaging of the product, and has not
been previously determined by the city or other governmental authority to be or present an
imminent danger to the health or lives of humans when present in that type of consumable
product or material.
328
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Synthetic cannabinoid means a chemical compound, substance or agent identified in the
synthetic cannabinoid appendix* that is part of this division, as amended from time to time by
resolution of the city council.
Synthetic marijuana means a consumable product or material that contains a synthetic
cannabinoid or other dangerous substance, which on the date this division was added to the
Code, included herb and herbal products marketed and most commonly known as K-2 and Spice.
Traffic and trafficking means to manufacture, distribute, dispense, sell, transfer, or possess with
intent to manufacture, distribute, dispense, sell, or transfer.
Transfer means to dispose of a controlled substance to another person without consideration and
not in furtherance of commercial distribution.
(Ord. No. 12-1360, 6-19-12)
Editor's note—
The synthetic cannabinoid appendix was not included in the codification of this division.
Sec. 14-247. - Trafficking prohibitions.
(a) It shall be unlawful for any person to traffic, or knowingly allow trafficking on property
owned or controlled by that person, in any of the following:
(1) A consumable product or material containing a controlled substance or controlled substance
analogue.
(2) A dangerous product.
(3) Synthetic marijuana.
(Ord. No. 12-1360, 6-19-12)
Sec. 14-248. - Possession and use prohibitions.
(a) It shall be unlawful for any person to possess or use, or knowingly allow the possession and
use on property owned or controlled by that person, in any of the following:
(1) A consumable product or material containing a controlled substance or controlled substance
analogue.
(2) A dangerous product.
(3) Synthetic marijuana.
329
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(Ord. No. 12-1360, 6-19-12)
Sec. 14-249. - Probable cause evidentiary presumption.
In recognition that the presence of a controlled substance, controlled substance analogue,
synthetic cannabinoid, or dangerous substance in a consumable product or material may require
laboratory testing that cannot be done at the time a violation of this division is believed to have
occurred, for purposes of determining the existence of probable cause, it shall be presumed that a
consumable product or material contains one or more of those substances if it is being or has
been marketed or sold for a price that is substantially higher than the price at which the same
quantity of a similar and comparable product or material that is known to not contain such
substances can be purchased.
(Ord. No. 12-1360, 6-19-12)
Sec. 14-250. - Penalties.
A violation of this division is a misdemeanor, punishable by a fine of not more than $500.00
and/or imprisonment for not more than 90 days.
(Ord. No. 12-1360, 6-19-12)
Sec. 14-251. - Severability.
Should any section, subdivision, sentence, clause or phrase of this division be declared by the
courts to be invalid, the same shall not affect the validity of the division as a whole or any part
thereof other than the part invalidated.
(Ord. No. 12-1360, 6-19-12)
_____
SYNTHETIC CANNABINOID APPENDIX
Synthetic Cannabinoids include all of the following chemical compounds, substances and agents.
"AM Cannabinoids" being synthetic chemical compounds, substances or agents created by
Alexandros Makriyannis or his research group and identified as AM-087; AM-251; AM-281;
AM-356; AM-374; AM-381; AM-404; AM-411; AM-630; AM-661; AM-678; AM-679; AM694; AM-855; AM-881; AM-883; AM-905; AM-906; AM-919; AM-926; AM-938; AM-1116;
AM-1172; AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM2213; AM-2232; AM-2233; AM-2102; AM-4030; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
"CP Cannabinoids" being synthetic chemical compounds, substances or agents identified as CP47, 497; (C6)-CP-47, 497; (C7)-CP-47, 497; (C8)-CP-47, 497; (C9)-CP-47, 497; CP-50, 556-1;
330
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
CP-55, 244; CP-55, 940; CP-945, 598; and other substances with a structure and effect that is
substantially similar to those listed. The term shall not include synthetic cannabinoids that
require a prescription, are approved by the United States Food and Drug Administration and are
dispensed in accordance with state and federal law.
"HU Cannabinoids" being synthetic chemical compounds, substances or agents synthesized at
the Hebrew University and identified as HU-210; HU-211; HU-243; HU-308; HU-320; HU-331;
HU-336; HU-345; and other substances with a structure and effect that is substantially similar to
those listed. The term shall not include synthetic cannabinoids that require a prescription, are
approved by the United States Food and Drug Administration and are dispensed in accordance
with state and federal law.
"JWH Cannabinoids" being synthetic chemical compounds, substances or agents created by John
W. Huffman or his research group and identified as JWH-007; JWH-015; JWH-018; JWH-019;
JWH-030; JWH-047; JWH-048; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098; JWH116; JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161;
JWH-164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH184; JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-196; JWH-197; JWH-198;
JWH-199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234; JWH249; JWH 250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336;
JWH-350; JWH-359; JWH-387; JWH-398; JWH-424; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
331
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Eastpointe, MI
Part II – Code of Ordinances.
Chapter 28 – Offenses.
Article XI. Synthetic Marijuana and Dangerous Products.
Sec. 28-331. - Findings, intent and purpose.
Sec. 28-332. - Definitions and adoption by reference.
Sec. 28-333. - Trafficking prohibitions.
Sec. 28-334. - Possession and use prohibitions.
Sec. 28-335. - Probable cause evidentiary presumption.
Sec. 28-336. - Violations, penalty.
Sec. 28-331. - Findings, intent and purpose.
(a) The city finds that synthetic marijuana, consisting of plant or other material treated with
chemicals or other substances that have not been approved for human consumption, is being
marketed and sold as herbal incense and is being used in the same manner and for the same
purposes as marijuana, with that use having become increasingly popular, particularly among
teens and young adults.
(b) The city further finds based on information and reports from poison control centers, hospitals,
emergency room doctors, and police agencies, that individuals who use synthetic marijuana
experience dangerous side effects including convulsions, tremors, seizures, hallucinations,
unconsciousness, anxiety attacks, dangerously elevated heart rates, increased blood pressure,
vomiting, and disorientation, evidencing that these herbal incense products are harmful if
consumed and present an imminent and significant public health danger to persons consuming
such products and other persons coming in contact with them.
(c) The city further finds that, notwithstanding the high potential for abuse, and lack of any
accepted medical use, the ability of the state to prohibit all forms of synthetic marijuana as a
controlled substance has been frustrated due to the changing nature of the chemicals used in the
manufacturing process.
(d) The city further finds that in addition to synthetic marijuana, there may be other products or
materials containing chemicals or substances, that while not approved for human consumption,
are or may be marketed and sold in a form that allows for such consumption and which, upon
consumption, may result in the same serious side effects and public health dangers as synthetic
marijuana.
(e) Based on these findings, this article is adopted for the purpose and with the intent to protect
the public health and safety of the city and it residents from the threat posed by the availability
and use of synthetic marijuana and other dangerous products by prohibiting persons from
trafficking in, possessing, and using them in the city.
332
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(Ord. No. 1070, 7-3-2012)
Sec. 28-332. - Definitions and adoption by reference.
As used in this article, the following words and phrases shall have the meanings indicated.
Act means the controlled substances provisions in Article 7 of the Public Health Code, Public
Act No. 368 of 1978, MCL 333.7101 to MCL 333.7545, as amended, which is hereby adopted
by reference as a part of this article.
Chemical agent means any chemical or organic compound, substance, or agent that is not made,
intended and approved for consumption by humans.
Consumable product or material means a product or material that, regardless of packaging
disclaimers or disclosures, is not for human consumption or use, is in a form that readily allows
for human consumption by inhalation, ingestion, injection, or application, through means
including but not limited to smoking, or ingestion by mouth with or without mixing with food or
drink.
Controlled substance means a substance included as a controlled substance in schedules 1
through 5 of the act or a substance temporarily scheduled or rescheduled as a controlled
substance as provided in the act.
Controlled substance analogue has the same meaning as defined in the act, which is a substance,
the chemical structure of which is substantially similar to that of a controlled substance in
schedules 1 and 2 of the act.
Dangerous product means a consumable product or material containing a dangerous substance.
Dangerous substance means: (i) a chemical agent that under section 2451 of the act, MCL
333.2451, has been determined by the local health officer to be or present an imminent danger to
the health or lives of humans when present in a consumable product or material; and (ii) a
chemical agent in a consumable product or material unless that chemical agent is conspicuously
identified and described in writing on the packaging of the product, and has not been previously
determined by the city or other governmental authority to be or present an imminent danger to
the health or lives of humans when present in that type of consumable product or material.
Synthetic cannabinoid means a chemical compound, substance or agent identified in the
synthetic cannabinoid appendix that is part of this article, as amended from time to time by
resolution of the city council.
Synthetic marijuana means a consumable product or material that contains a synthetic
cannabinoid or other dangerous substance, which on the date this article was added to the code,
333
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
included herb and herbal incense products marketed and most commonly known as K-2 and
spice.
Traffic and trafficking means to manufacture, distribute, dispense, sell, transfer, or possess with
intent to manufacture, distribute, dispense, sell, or transfer.
Transfer means to dispose of a controlled substance to another person without consideration and
not in furtherance of commercial distribution.
(Ord. No. 1070, 7-3-2012)
Sec. 28-333. - Trafficking prohibitions.
It shall be unlawful for any person to traffic, or knowingly allow trafficking on property owned
or controlled by that person, in any of the following:
(1) A consumable product or material containing a controlled substance or controlled substance
analogue;
(2) A dangerous product; or
(3) Synthetic marijuana.
(Ord. No. 1070, 7-3-2012)
Sec. 28-334. - Possession and use prohibitions.
It shall be unlawful for any person to possess or use, or knowingly allow the possession and use
on property owned or controlled by that person, of any of the following:
(1) A consumable product or material containing a controlled substance or controlled substance
analogue;
(2) A dangerous product; or
(3) Synthetic marijuana.
(Ord. No. 1070, 7-3-2012)
Sec. 28-335. - Probable cause evidentiary presumption.
In recognition that the presence of a controlled substance, controlled substance analogue,
synthetic cannabinoid, or dangerous substance in a consumable product or material may require
laboratory testing that cannot be done at the time a violation of this article is believed to have
occurred, for purposes of determining the existence of probable cause, it shall be presumed that a
consumable product or material contains one or more of those substances if it is being or has
334
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
been marketed or sold for a price that is substantially higher than the price at which the same
quantity of a similar and comparable product or material that is known to not contain such
substances can be purchased.
(Ord. No. 1070, 7-3-2012)
Sec. 28-336. - Violations, penalty.
The violation of any provision of this article by any person shall be guilty of a misdemeanor
which, upon conviction, shall be punished by a fine not to exceed $500.00 or imprisonment for a
term not to exceed 93 days in jail, or both, plus costs and other sanctions for each violation.
(Ord. No. 1070, 7-3-2012)
SYNTHETIC CANNABINOID APPENDIX
Synthetic Cannabinoids include all of the following chemical compounds, substances and agents.
"AM Cannabinoids" being synthetic chemical compounds, substances or agents created by
Alexandros Makriyannis or his research group and identified as AM-087; 4M-251; AM-281;
AM-356; 4M-374; 4M-381; AM-404; AM-411; 4M-630; AM-661; AM-678; 4M-679; AM694;
4M-855; AM-881; 4M-883; 4M-905; 4M-906; 4M-919; 4M-926; 4M-938; AM-11 16; 4M-I172;
4M-1220; AM-1221; 4M-1235; 4M-1241; AM-1248; AM-2201; 4M-2212; AM2213; 4M-2232;
4M-2233; AM-2102; AM-4030; and other substances with a structure and effect that is
substantially similar to those listed. The term shall not include synthetic cannabinoids that
require a prescription, are approved by the United States Food and Drug Administration and are
dispensed in accordance with state and federal law.
"CP Cannabinoids" being synthetic chemical compounds, substances or agents identified as
CP47, 497; (C6)-CP-47, 497; (C7)-CP-47, 497; (C8)-CP-47, 497; (C9)-CP-47, 497; CP-50, 5561; CP-55, 244; CP-55, 940; CP-945, 598; and other substances with a structure and effect that is
substantially similar to those listed. The term shall not include synthetic cannabinoids that
require a prescription, are approved by the United States Food and Drug Administration and are
dispensed in accordance with state and federal law.
"HO Cannabinoids" being synthetic chemical compounds, substances or agents synthesized at
the Hebrew University and identified as RU-210; HU-211; RU-243; BU-308; HU-320; HTJ-331;
HU-336; RU-345; and other substances with a structure and effect that is substantially similar to
those listed. The term shall not include synthetic cannabinoids that require a prescription, are
approved by the United States Food and Drug Administration and are dispensed in accordance
with state and federal law.
"JWH Cannabinoids" being synthetic chemical compounds, substances or agents created by John
W. Huffman or his research group and identified as JW14-007; JWH-015; JWH-018; YWH-019;
JWH-030; JWI-1-047; JWN-048; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098;
335
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
JWH116; JWN-120; JWH-122; JWH-133; TWH-139; JINN-147; JW11-148; JW11-149; TWH161; JWH-164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182;
JWH184; JWH-185; JWH-192; JWH-193; JWH-194; JW14-195; .1WH-196; JWH-197; JWH198; JWH-199; JWIT-200; JWH-203; JWH-205; JWH-210; TW3-213; JWI-1-229; 3WH-234;
JAIN249; JWH 250; JWH-251; JWH-253; JWN-258; JWH-300; JWH-302; JWH-307; JW11336; JWH-350; JWH-359; JW1-1-387; JWH-398; JWH-424; and other substances with a
structure and effect that is substantially similar to those listed. The term shall not include
synthetic cannabinoids that require a prescription, are approved by the United States Food and
Drug Administration and are dispensed in accordance with state and federal law.
336
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Flat Rock, MI
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF FLAT ROCK BY ADDING A
NEW DIVISION 3 TO ARTICLE VI, CHAPTER 58, TO PROHIBIT THE POSSESSION AND
USE OF, AND TRAFFICKING IN, SYNTHETIC MARIJUANA AND OTHER PRODUCTS
OR MATERIALS THAT ARE IN A FORM THAT ALLOWS FOR HUMAN CONSUMPTION
BY INHALATION OF SMOKE OR VAPORS, INGESTION, INJECTION OR
APPLICATION, AND THAT CONTAIN CHEMICAL SUSTANCES, COMPOUNDS, OR
AGENTS THAT CAUSE OR MAY CAUSE AN INTOXICATING, NARCOTIC,
STIMULANT, DEPRESSANT, AND/OR HALLUCINOGENIC EFFECT AND AN
IMMINENT THREAT TO THE SAFETY OF PERSONS THAT CONSUME SUCH
PRODUCTS OR MATERIALS AND/OR PERSONS THAT COME IN CONTACT WITH
SUCH SUBSTANCES.
THE CITY OF FLAT ROCK ORDAINS:
SECTION I. Chapter 58, Article VI, of the Code of the City of Flat Rock is hereby amended to
add a new Division 3, Synthetic Marijuana/Dangerous Products, which shall read as follows:
DIVISION 3. SYNTHETIC MARIJUANA/DANGEROUS PRODUCTS
Sec. 58-180. Findings, intent and purpose.
(a) The city finds that synthetic marijuana, consisting of plant or other material treated with
chemicals or other substances that have not been approved for human consumption, is being
marketed and sold as herbal incense and is being used in the same manner and for the same
purposes as marijuana, with that use having become increasingly popular, particularly among
teens and young adults.
(b) The city further finds based on information and reports from poison control centers, hospitals,
emergency room doctors, and police agencies, that individuals who use synthetic marijuana
experience dangerous side effects including convulsions, tremors, seizures, hallucinations,
unconsciousness, anxiety attacks, dangerously elevated heart rates, increased blood pressure,
vomiting, and disorientation, evidencing that these herbal incense products are harmful if
consumed and present an imminent and significant public health danger to persons consuming
such products and other persons in contact with them.
(c) The city further finds that, notwithstanding the high potential for abuse, and lack of any
accepted medical use, the ability of the state to prohibit all forms of synthetic marijuana as a
controlled substance has been frustrated due to the changing nature of the chemicals used in the
manufacturing process.
337
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(d) The city further finds that in addition to synthetic marijuana, there may be other products or
materials containing chemicals or substances, that while not approved for human consumption,
are or may be marketed and sold in a form that allows for such consumption and which, upon
consumption, may result in the same serious side effects and public health dangers as synthetic
marijuana.
(e) Based on these findings, this ordinance is adopted for the purpose and with the intent to
protect the public health and safety of the township and its residents from the threat posed by the
availability and use of synthetic marijuana and other dangerous products by prohibiting persons
from trafficking in, possessing, and using them in the city.
Sec. 58-181. Definitions and adoption by reference.
As used in this division, the following words and phrases have the meanings indicated.
Act means the controlled substances provisions in Article 7 of the Public Health Code, Public
Act No. 368 of 1978, MCL 333.7101 to MCL 333.7545, as amended, which is hereby adopted
by reference as a part of this division.
Chemical agent means any chemical or organic compound, substance, or agent that is not made,
intended and approved for consumption by humans.
Consumable produce or material means a product or material, that regardless of packaging
disclaimers or disclosures that it is not for human consumption or use, is in a form that readily
allows for human consumption by inhalation, ingestion, injection, or application, through means
including but not limited to smoking, or ingestion by mouth with or without mixing with food or
drink.
Controlled substance means a substance included as a controlled substance in schedules 1
through 5 of the Act or a substance temporarily scheduled or rescheduled as a controlled
substance as provided in the Act.
Controlled substance analogue has the same meaning as defined in the Act, which is a substance,
the chemical structure of which is substantially similar to that of a controlled substance in
schedules 1 and 2 of the Act.
Dangerous product means a consumable product or material containing a dangerous substance.
Dangerous substance means: (i) a chemical agent that under section 2451 of the Act, MCL
333.2451, has been determined by the local health officer to be or present an imminent danger to
the health or lives of humans when present in a consumable product or material; and, (ii) a
chemical agent in a consumable product or material unless that chemical agent is conspicuously
identified and described in writing on the packaging of the product, and has not been previously
338
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
determined by the city or other governmental authority to be or present an imminent danger to
the health or lives of humans when present in that type of consumable produce or material.
Synthetic cannabinoid means a chemical compound, substance or agent identified in the
Synthetic Cannabinoid Appendix that is part of this division, as amended from time to time by
resolution of the city council.
Synthetic marijuana means a consumable product or material that contains a synthetic
cannabinoid or other dangerous substance, which on the date this division was added to the
Code, included herb and herbal incense products marketed and most commonly known as K-2
and Spice.
Traffic and trafficking means to manufacture, distribute, dispense, sell, transfer, or possess with
intent to manufacture, distribute, dispense, sell, or transfer.
Transfer means to dispose of a controlled substance to another person without consideration and
not in furtherance of commercial distribution.
Sec. 58-182. Trafficking prohibitions.
It shall be unlawful for any person to traffic, or knowingly allow trafficking on property owned
or controlled by that person, in any of the following:
(a) A consumable product or material containing a controlled substance or controlled substance
analogue.
(b) A dangerous product.
(c) Synthetic marijuana.
Sec. 58-183. Possession and use prohibitions.
It shall be unlawful for any person to possess or use, or knowingly allow the possession and use
on property owned or controlled by that person, of any of the following:
(a) A consumable product or material containing a controlled substance or controlled substance
analogue.
(b) A dangerous product.
(c) Synthetic marijuana.
Sec. 58-184. Probable cause evidentiary presumption.
339
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
In recognition that the presence of a controlled substance, controlled substance analogue,
synthetic cannabinoid, or dangerous substance in a consumable product material may require
laboratory testing that can not be done at the time a violation of this division is believed to have
occurred, for purposes of determining the existence of probable cause, it shall be presumed that a
consumable product or material contains one or more of those substances if it is being or has ben
marketed or sold for a price that is substantially higher than the price at which the same quantity
of a similar or comparable product or material that is known to not contain such substances can
be purchased.
Sec. 58-185. Penalties.
Every person convicted of a violation of this division shall be punished by a fine, cost of
prosecution, and/or imprisonment in accordance with Section 1-16 of this Code.
SYNTHETIC CANNABINOID APPENDIX
Synthetic Cannabinoids include all of the following chemical compounds, substances and agents.
“AM Cannabinoids” being synthetic chemical compounds, substances or agents created by
Alexandros Makriyannis or his research group and identified as AM-087; AM-251; AM-281;
AM-356; AM-374; AM-381; AM-404; AM-411; AM-630; AM-661; AM-678; AM-679; AM694; AM-855; AM-881; AM-883; AM-905; AM-906; AM-919; AM-926; AM-938; AM-1116;
AM-1172; AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM2213; AM-2232; AM-2233; AM-2101; AM-4030; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
“CP Cannabinoids” being synthetic chemical compounds, substances or agents identified as CP47,497; (C6)-CP-47,497; (C7)-CP-47,497; (C8)-CP-47,497; (C9)-CP-47,497; CP-50,556-1; CP55,244; CP-55,940; CP-945,598; and other substances with a structure and effect that is
substantially similar to those listed. The term shall not include synthetic cannabinoids that
require a prescription, are approved by the United States Food and Drug Administration and are
dispensed in accordance with state and federal law.
“HU Cannabinoids” being synthetic chemical compounds, substances or agents synthesized at
the Hebrew University and identified as HU-210; HU-211; HU-243; HU-308; HU-320; HU-331;
HU-336; HU-345; and other substances with a structure and effect that is substantially similar to
those listed. The term shall not include synthetic cannabinoids that require a prescription, are
approved by the United States Food and Drug Administration and are dispensed in accordance
with state and federal law.
340
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
“JWH Cannabinoids” being synthetic chemical compounds, substances or agents created by John
W. Huffman or his research group and identified as JWH-007; JWH-015; JWH-018; JWH-019;
JWH-030; JWH-047; JWH-048; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098; JWH116; JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161;
JWH-164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH184; JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-196; JWH-197; ;JWH-198;
JWH-199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234; JWH249; JWH-250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336;
JWH-350; JWH-359; JWH-387; JWH-398; JWH-424; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
SECTION II. If any section, subsection, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed as a separate, distinct and independent portion of this ordinance, and such holding
shall not affect the validity of the remaining portions of this ordinance.
SECTION III. That all ordinances or parts of ordinances, the Code of the City of Flat Rock, or
parts of the Code of the City of Flat Rock, not consistent herewith are hereby repealed.
SECTION IV. This ordinance shall be published in the News Herald newspaper as required by
Charter on the 11th day of July, 2012, but in no event shall be effective earlier than ten (10) days
after enactment.
341
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Hazel Park, MI
Title 9 – Public Peace, Morals and Welfare.
IV – Offenses Against Public Decency.
Chapter 9.39. Synthetic Marijuana and Dangerous Products.
9.39.010 Findings, intent and purpose.
9.39.020 Definitions and adoption by reference.
9.39.030 Trafficking prohibitions.
9.39.040 Possession and use prohibitions.
9.39.050 Probable cause evidentiary presumption.
9.39.060 Synthetic Cannabinoid Appendix.
9.39.070 Penalties.
9.39.010 Findings, intent and purpose.
(a) The city finds that synthetic marijuana, consisting of plant or other material treated with
chemicals or other substances that have not been approved for human consumption, is being
marketed and sold as herbal incense and is being used in the same manner and for the same
purposes as marijuana, with that use having become increasingly popular, particularly among
teens and young adults.
(b) The city further finds based on information and reports from poison control centers, hospitals,
emergency room doctors, and police agencies, that individuals who use synthetic marijuana
experience dangerous side effects including convulsions, tremors, seizures, hallucinations,
unconsciousness, anxiety attacks, dangerously elevated heart rates, increased blood pressure,
vomiting, and disorientation, evidencing that these herbal incense products are harmful if
consumed and present an imminent and significant public health danger to persons consuming
such products and other persons coming in contact with them.
(c) The city further finds that, notwithstanding the high potential for abuse, and lack of any
accepted medical use, the ability of the state to prohibit all forms of synthetic marijuana as a
controlled substance has been frustrated due to the changing nature of the chemicals used in the
manufacturing process.
(d) The city further finds that in addition to synthetic marijuana, there may be other products or
materials containing chemicals or substances, that while not approved for human consumption,
are or may be marketed and sold in a form that allows for such consumption and which, upon
consumption, may result in the same serious side effects and public health dangers as synthetic
marijuana.
(c) Based on these findings, this chapter is adopted for the purpose and with the intent to protect
the public health and safety of the city and its residents from the threat posed by the availability
342
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
and use of synthetic marijuana and other dangerous products by prohibiting persons from
trafficking in, possessing, and using them in the city.
(Ord. No. 04-12, pt. I, 6-5-2012)
9.39.020 Definitions and adoption by reference.
As used in this chapter, the following words and phrases have the meanings indicated.
"Act" means the controlled substances provisions in Article 7 of the Public Health Code, Public
Act No. 368 of 1978, MCL 333.7101 to MCL 333.7545, as amended, which is hereby adopted
by reference as a part of this chapter.
"Chemical agent" means any chemical or organic compound, substance, or agent that is not
made, intended and approved for consumption by humans.
"Consumable product or material" means a product or material, regardless of packaging
disclaimers or disclosures, that is not for human consumption or use, is in a form that readily
allows for human consumption by inhalation, ingestion, injection, or application, through means
including but not limited to smoking, injection, application, or ingestion by mouth with or
without mixing with food or drink.
"Controlled substance" means a substance included as a controlled substance in schedules 1
through 5 of the Act or a substance temporarily scheduled or rescheduled as a controlled
substance as provided in the Act.
"Controlled substance analogue" has the same meaning as defined in the Act, which is a
substance, the chemical structure of which is substantially similar to that of a controlled
substance in schedules 1 and 2 of the Act.
"Dangerous product" means a consumable product or material containing a dangerous substance.
"Dangerous substance" means: (i) a chemical agent that under section 2451 of the Act, MCL
333.2451, has been determined by the local health officer to be or present an imminent danger to
the health or lives of humans when present in a consumable product or material; and (ii) a
chemical agent in a consumable product or material unless that chemical agent is conspicuously
identified and described in writing on the packaging of the product, and has not been previously
determined by the city or other governmental authority to be or present an imminent danger to
the health or lives of humans when present in that type of consumable product or material.
"Synthetic cannabinoid" means a chemical compound, substance or agent identified in the
Synthetic Cannabinoid Appendix that is part of this division, as amended from time to time by
resolution of the city council.
343
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
"Synthetic marijuana" means a consumable product or material that contains a synthetic
cannabinoid or other dangerous substance which on the date this chapter was added to the Code,
included herb and herbal incense products marketed and most commonly known as K-2 and
Spice.
"Traffic" and "trafficking" means to manufacture, distribute, dispense, sell, transfer, or possess
with intent to manufacture, distribute, dispense, sell, or transfer.
"Transfer" means to dispose of a controlled substance to another person without consideration
and not in furtherance of commercial distribution.
(Ord. No. 04-12, pt. I, 6-5-2012)
9.39.030 Trafficking prohibitions.
It shall be unlawful for any person to traffic, or knowingly allow trafficking on property owned
or controlled by that person, in any of the following:
A. A consumable product or material containing a controlled substance or controlled substance
analogue.
B. A dangerous product.
C. Synthetic marijuana.
(Ord. No. 04-12, pt. I, 6-5-2012)
9.39.040 Possession and use prohibitions.
It shall be unlawful for any person to possess or use, or knowingly allow the possession and use
on property owned or controlled by that person, of any of the following:
A. A consumable product or material containing a controlled substance or controlled substance
analogue.
B. A dangerous product.
C. Synthetic marijuana.
(Ord. No. 04-12, pt. I, 6-5-2012)
9.39.050 Probable cause evidentiary presumption.
In recognition that the presence of a controlled substance, controlled substance analogue,
synthetic cannabinoid, or dangerous substance in a consumable product or material may require
laboratory testing that cannot be done at the time a violation of this chapter is believed to have
344
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
occurred, for purposes of determining the existence of probable cause, it shall be presumed that a
consumable product or material contains one or more of those substances if it is being or has
been marketed or sold for a price that is substantially higher than the price at which the same
quantity of a similar and comparable product or material that is known to not contain such
substances can be purchased.
(Ord. No. 04-12, pt. I, 6-5-2012)
9.39.060 Synthetic Cannabinoid Appendix.
Synthetic cannabinoids include all of the following chemical compounds, substances and agents.
"AM Cannabinoids" being synthetic chemical compounds, substances, or agents created by
Alexandros Makriyannie or his research group and identified as AM-087; AM-251; AM-281;
AM-356; AM-374; AM-381; AM-404; AM-411; AM-630; AM-661; AM-678; AM-679; AM694; AM-855; AM-881; AM-883; AM-905; AM-906; AM-919; AM-926; AM-938; AM-1116;
AM-1172; AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM2213; AM-2232; AM-2233; AM-2102; AM-4030; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
"CP Cannabinoids" being synthetic chemical compounds, substances or agents identified as CP47, 497; (C6)-CP-47, 497; (C7)-CP-47, 497; (C7)-CP-47; (C8)-CP-47, 497; (C9)-CP-47; CP-50,
556-1; CP-55, 244; CP-55, 940; CP-945, 598; and other substances with a structure and effect
that is substantially similar to those listed. The term shall not include synthetic cannabinoids that
require a prescription, are approved by the United States Food and Drug Administration and are
dispensed in accordance with state and federal law.
"JWH Cannabinoids" being synthetic chemical compounds, substances or agents created by John
W. Huffman or his research group and identified as JWH-007; JWH-015; JWH- 018; JWH-019;
JWH-030; JWH-047; JWH-048; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098; JWH116; JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161;
JWH-164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH184; JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-196; JWH-197; JWH-198;
JWH-199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234; JWH249; JWH-250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336;
JWH-350; JWH-359; JWH-387; JWH-398; JWH-424; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
(Ord. No. 04-12, pt. I, 6-5-2012)
345
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
9.39.070 Penalties.
The sanction for a violation of this chapter shall be a misdemeanor, punishable by a fine of not
more than five hundred dollars ($500.00) and/or imprisonment for not more than ninety (90)
days in jail or both.
(Ord. No. 04-12, pt. I, 6-5-2012)
346
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Redford Charter Township, MI
Chapter 58 – Offenses.
Article VI – Offenses Against Public Morals.
Division 4. Synthetic Marijuana and Dangerous Products.
Sec. 58-226. - Definitions and adoption by reference.
Sec. 58-227. - Trafficking prohibitions.
Sec. 58-228. - Possession and use prohibitions.
Sec. 58-229. - Probable cause evidentiary presumption.
Sec. 58-230. - Penalties.
App. A. - Synthetic cannabinoid appendix.
Secs. 58-231—58-240. - Reserved.
Sec. 58-226. - Definitions and adoption by reference.
As used in this division, the following words and phrases have the meanings indicated:
Act means the controlled substance provision in Article 7 of the Public Health Code, Public Act
No. 368 of 1978, MCL 333.7545, as amended, which is hereby adopted by reference as a part of
this division.
Chemical agent means any chemical or organic compound, substance, or agent that is not made,
intended and approved for consumption by humans.
Consumable product or material means a product or material, that regardless of packaging
disclaimers or disclosures that it is not for human consumption or use, is in a form that readily
allows for human consumption by inhalation, ingestion, injection, or application, through means
including but not limited to smoking, or ingestion by mouth with or without mixing with food or
drink.
Controlled substances means a substance included as a controlled substance in schedules 1
through 5 of the Act or a substance temporarily scheduled or rescheduled as a controlled
substance as provided in the Act.
Controlled substance analogue has the same meaning as defined in the Act, which is a substance,
the chemical structure of which is substantially similar to that of a controlled substance in
schedules 1 and 2 of the Act.
Dangerous product means a consumable product or material containing a dangerous substance.
Dangerous substance means a chemical compound, substance or agent identified in the synthetic
cannabinoid appendix that is part of this division, as amended from time to time by resolution of
the township board.
347
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Synthetic cannabinoid means a chemical compound, substance or agent identified in the
synthetic cannabinoid appendix that is part of this division, as amended from time to time by
resolution of the township board.
Synthetic marijuana means a consumable product or material that contains a synthetic
cannabinoid or other dangerous substance, which on the date this division was added to the
Code, included herb and herbal incense products marketed and most commonly known as K-2
and Spice.
Traffic and trafficking means to manufacture distribute, dispense, sell, transfer or possess with
intent to manufacture, distribute, dispense, sell or transfer.
Transfer means to dispose of a controlled substance to another person without consideration and
not in furtherance of commercial distribution.
(Ord. No. 325, § 1, 6-12-12)
Sec. 58-227. - Trafficking prohibitions.
It shall be unlawful for any person to traffic, or knowingly allow trafficking on a property owned
or controlled by that person in any of the following:
(1) A consumable product or a material containing a controlled substance of controlled substance
analogue.
(2) A dangerous product.
(3) Synthetic marijuana.
(Ord. No. 325, § 1, 6-12-12)
Sec. 58-228. - Possession and use prohibitions.
It shall be unlawful for any person to possess or use, or knowingly allow the possession and use
on property owned or controlled by that person, of any of the following:
(1) A consumable product or material containing a controlled substance or controlled substance
analogue.
(2) A dangerous product.
(3) Synthetic marijuana.
(Ord. No. 325, § 1, 6-12-12)
348
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 58-229. - Probable cause evidentiary presumption.
In recognition that the presence of a controlled substance, controlled substance analogue,
synthetic cannabinoid, or dangerous substance in a consumable product or material may require
laboratory testing that can not be done at the time a violation of the division is believed to have
occurred, for purposes of determining the existence of probable cause, it shall be presumed that a
consumable product or material contains one or more of those substances if it is being or has
been marketed or sold for a pride that is substantially higher than the price in which the same
quality of a similar and comparable product or material that is known to not contain such
substances can be purchased.
(Ord. No. 325, § 1, 6-12-12)
Sec. 58-230. - Penalties.
The sanction for a violation of this division shall be a misdemeanor, punishable by a fine of not
more than $500.00 or imprisonment for not more than 90 days or by both such fines and
imprisonment as provided in section 1-11(a) of this Code.
(Ord. No. 325, § 1, 6-12-12)
App. A. - Synthetic cannabinoid appendix.
Synthetic cannabinoids include all of the following chemical compounds, substances and agents.
"AM cannabinoids" being synthetic chemical compounds, substances or agents created by
Alexandras Makriyannis or his research group and identified as AM-087; AM-251; AM-281;
AM-356; AM-374; AM-381; AM-404; AM-411; AM-630; AM-661; AM-678; AM-679; AM694; AM-855; AM-881; AM-883; AM-905; AM-906; AM-919; AM-926; AM-938; AM-1116;
AM-1172; AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM2213; AM-2232; AM-2233; AM-2102; AM-4030; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
"CP cannabinoids" being synthetic chemical compounds, substances or agents identified as CP47,497; (C6)CP-47,497; (C7)CP-47,497; (C8)CP-47,497; (C9)CP-47,497; CP-50,556-1; CP55,244; CP-55,940; CP-945,598; and other substances with a structure and effect that is
substantially similar to those listed. The term shall not include synthetic cannabinoids that
require a prescription, are approved by the United States Food and Drug Administration and are
dispensed in accordance with state and federal law.
"HU cannabinoids" being synthetic chemical compounds, substances or agents synthesized at the
Hebrew University and identified as HU-210; HU-211; HU-243; HU-308; HU-320; HU-331;
HU-336; HU-345; and other substances with a structure and effect that is substantially similar to
349
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
those listed. The term shall not include synthetic cannabinoids that require a prescription, are
approved by the United States Food and Drug Administration and are dispensed in accordance
with state and federal law.
"JWH cannabinoids" being synthetic chemical compounds, substances or agents created by John
W. Huffinan or his research group and identified as JWH-007; JWH-015; JWH-018; JWH-019;
JWH-030; JWH-047; JWH-048; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098; JWH116; JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161;
JWH-164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH184; JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-196; J WH-197; JWH-198;
JWH-199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234; JWH249; JWH 250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336;
JWH-350; JWH-359; JWH-387; JWH-398; JWH-424; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
(Ord. No. 325, § 1, 6-12-12)
350
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Riverview, MI
Subpart A – General Ordinances.
Chapter 38 – Offenses and Miscellaneous Provisions.
Article VI – Offenses Involving Public Morals.
Division 3 – Controlled Substances.
Subdivision III. Synthetic Marijuana.
Sec. 38-270. Possession or use.
Sec. 38-271. Sale.
Sec. 38-272. Declaratory judgments.
Secs. 38-273—38-280. Reserved.
Sec. 38-270. Possession or use.
(a) It is unlawful for any person knowingly or intentionally to possess or use any substance
consisting of synthetic marijuana, commonly known as K2, Spice, or any other common usage
name. For purposes of this subdivision synthetic marijuana shall be defined as any substance
whose chemical structure is substantially similar to that of a controlled substance under the
Public Health Code (MCL 333.7201 et seq.) and that has a narcotic, stimulant, depressant, or
hallucinogenic effect on the central nervous system of an individual. Any person who violates
this section is guilty of a misdemeanor punishable by imprisonment for not more than 30 days or
by a fine of not more than $100.00 or both.
(b) When any person who has not previously been convicted under subsection (a) or under any
statute of the United States, or state law, or municipal ordinance relating to possession or use of
the substances as defined above, pleads guilty to or is found guilty of violating subsection (a), the
court, without entering a judgment of guilt and with the consent of the accused person, may place
the accused person on probation upon certain terms and conditions, including therein such
requirement that the accused person attend courses of instruction or rehabilitation on medical,
psychological and social effects of the misuse of drugs and/or the substances defined above.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as
the court determines. Upon fulfillment of the terms and conditions, the court shall discharge the
person and dismiss the proceedings against him. Discharge and dismissal under this section shall
be without adjudication of guilt and is not a conviction for the purposes of disqualifications or
disabilities imposed by law upon the conviction of a crime. There may be only one discharge and
dismissal under this section as to an individual.
(Ord. No. 656, art. I, 7-16-2012)
Sec. 38-271. Sale.
(a) Subject to subsection (b) of this section, a person shall not sell or offer for sale synthetic
marijuana as defined in this subdivision.
351
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201, Santa Fe, NM 87501.
(b) Before a person is arrested for a violation of subsection (a) of this section, the city attorney
shall notify the person in writing, not less than two business days before the person is to be
arrested, that the person is in possession of specific, defined material that has been determined by
the attorney general or prosecuting attorney to be synthetic marijuana. The notice also shall
request that the person refrain from selling or offering for sale the material and shall state that if
the person complies with the notice, no arrest will be made for a violation of subsection (a) of
this section.
(c) If a person complies with a notice sent under subsection (b) of this section, the compliance is
a complete defense for the person against a prosecution under this section, as long as the
compliance continues.
(Ord. No. 656, art. I, 7-16-2012)
Sec. 38-272. Declaratory judgments.
(a) A person who has received a notice under subsection 38-271(b) may commence an action in
circuit court for a declaratory judgment to obtain an adjudication of the legality of the intended
sale or offer to sell. The city attorney who shall be made the defendant to an action commenced
under this subsection.
(b) If a declaratory judgment has been issued pursuant to this section stating that sale or offer to
sell specified material does not violate section 38-271, the declaratory judgment is a complete
defense for the person obtaining such a judgment against a prosecution under section 38-271
(Ord. No. 656, art. I, 7-16-2012)
Secs. 38-273—38-280. Reserved.
352
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Rochester, MI
Chapter 32. Offenses.
Article IX. Drug Offenses.
Division 3. Other Chemical Agents/Substances.
Sec. 32-480. - Findings, purpose and intent.
Sec. 32-481. - Definitions.
Sec. 32-482. - Ingestion or consumption prohibited.
Sec. 32-483. - Possession; trafficking.
Sec. 32-484. - Penalties.
Sec. 32-480. - Findings, purpose and intent.
(a) The city finds that synthetic marijuana, consisting of plant or other material treated with
chemicals or other substances, and other products are being sold and used in the same manner
and for the same purposes as marijuana, with that use having become increasingly popular,
particularly among teens and young adults.
(b) The city has become aware that these products are very harmful when ingested and have
caused users to suffer dangerous side effects, injuries and even death, thus constituting an
imminent and significant public health danger for those ingesting these products.
(c) Based on these findings, this ordinance is adopted for the purpose and with the intent to
protect the public health and safety of the city and its residents from the threat posed by the
availability and use of synthetic marijuana and other dangerous products by prohibiting persons
from trafficking in, possession, and using them in the city. Such ordinance is intended to be
complementary to and consistent with state and federal laws which regulate controlled
substances.
(Ord. No. 2012-09, pt. I, 6-25-2012)
Sec. 32-481. - Definitions.
Harmful substance shall mean any substance containing toxic chemical or organic solvent or
both or any substance that is not made or intended for consumption by humans, including, but
not limited to glue, paint, acetone, toluene, carbon tetrachloride, hydrocarbons, and hydrocarbon
derivatives, Dust Off, bath salts, plant food, aquarium sand, K-2, Spice, potpourri, incense,
noxious weeds or plants such as Jimson weed.
Synthetic cannabinoids" shall mean those substances as set forth in MCL 333.7212(1)(e), which
provisions are adopted by reference and as may be amended from time to time.
Synthetic cathinones shall mean those substances as set forth in MCL 333.7212(1)(x), which
provisions are adopted by reference and as may be amended from time to time.
353
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(Ord. No. 2012-09, pt. I, 6-25-2012)
Sec. 32-482. - Ingestion or consumption prohibited.
No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement,
exhilaration, stupefaction, or dulling of the senses or nervous system, intentionally ingest any
harmful substances, synthetic cannabinoids or synthetic cathinones or intentionally drink, eat, or
otherwise introduce any harmful substance, synthetic cannabinoids or synthetic cathinones into
his respiratory or circulatory system. This shall not prohibit the inhalation of any anesthesia for
medical or dental purposes.
(Ord. No. 2012-09, pt. I, 6-25-2012)
Sec. 32-483. - Possession; trafficking.
(a) No person shall possess, sell, transfer or otherwise traffick synthetic cannabinoids or
synthetic cathinones, except as otherwise permitted by state or federal laws.
(b) No person shall possess, sell, transfer or otherwise traffick any harmful substance except as
may be permitted by state or federal laws, and so long as it is possessed, sold, transferred or
trafficked for the intended purpose of that substance.
(Ord. No. 2012-09, pt. I, 6-25-2012)
Sec. 32-484. - Penalties.
A person who violates this division is guilty of a misdemeanor punishable by imprisonment for
not more than 90 days or a fine of not more than $500.00, or both.
(Ord. No. 2012-09, pt. I, 6-25-2012)
354
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relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
South Rockwood, MI
Chapter 16. Offenses.
Article VII. Offenses Against Public Morals.
Division 5. Synthetic Marijuana/Dangerous Products.
Sec. 16-361. - Findings, intent and purpose.
Sec. 16-362. - Definitions and adoption by reference.
Sec. 16-363. - Trafficking prohibitions.
Sec. 16-364. - Possession and use prohibitions.
Sec. 16-365. - Probable cause evidentiary presumption.
Secs. 16-366—16-380. - Reserved.
Sec. 16-361. - Findings, intent and purpose.
(a) The village finds that synthetic marijuana, consisting of plant or other material treated with
chemicals or other substances that have not been approved for human consumption, is being
marketed and sold as herbal incense and is being used in the same manner and for the same
purposes as marijuana, with that use have become increasingly popular, particularly among teens
and young adults.
(b) The village further finds based on information and reports from poison control centers,
hospitals, emergency room doctors, and police agencies, that individuals who use synthetic
marijuana experience dangerous side effects including convulsions, tremors, seizures,
hallucinations, unconsciousness, anxiety attacks, dangerously elevated heart rates, increased
blood pressure, vomiting and disorientation, evidencing that these herbal incense products are
harmful if consumed and present an imminent and significant public health danger to persons
consuming such products and other persons coming in contact with them.
(c) The village further finds that, notwithstanding the high potential for abuse, and lack of any
accepted medical use, the ability of the state to prohibit all forms of synthetic marijuana as a
controlled substance has been frustrated due to the changing nature of the chemicals used in the
manufacturing process.
(d) The village further finds that in addition to synthetic marijuana, there may be other products
or materials containing chemicals or substances, that while not approved for human
consumption, are or may be marketed and sold in a form that allows for such consumption and
which, upon consumption, may result in the same serious side effects and public health dangers
as synthetic marijuana.
(e) Based on these findings, this division is adopted for the purpose and with the intent to protect
the public health and safety of the village and its residents from the threat posed by the
availability and use of synthetic marijuana and other dangerous products by prohibiting persons
from trafficking in, possessing, and using them in the village.
355
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(Ord. No. 156, § 1.A., 8-6-2012)
Sec. 16-362. - Definitions and adoption by reference.
As used in this division, the following words, phrases have the meanings indicated:
Act means the controlled substances provisions in Article 7 of the Public Health Code, Public
Act No. 368 of 1978, MCL § 333.7101 to MCL § 333.7545, as amended, which is hereby
adopted by reference as a part of this division.
Chemical agent means any chemical or organic compound, substance, or agent that is not made,
intended and approved for consumption by humans.
Consumable product or material means a product or material that, regardless of packaging
disclaimers or disclosures that it is not for human consumption or use, is in a form that readily
allows for human consumption by inhalation, ingestion, injection, or application, through means
including, but not limited to, smoking, or ingestion by mouth with or without mixing with food
or drink.
Controlled substance means a substance included as a controlled substance in Schedules 1
through 5 of the Act or a substance temporarily scheduled or rescheduled as a controlled
substance as provided in the Act.
Controlled substance analogue has the same meaning as defined in the Act, which is a substance,
the chemical structure of which is substantially similar to that of a controlled substance in
Schedules 1 and 2 of the Act.
Dangerous product means a consumable product or material containing a dangerous substance.
Dangerous substance means: (i) a chemical agent that under Section 2451 of the Act, MCL §
333.2451, has be determined by the local health officer to be or present an imminent danger to
the health or lives of humans when present in a consumable product or material; (ii) a chemical
agent in a consumable product or material unless that chemical agent is conspicuously identified
and described in writing on the packaging of the product, and has not been previously
determined by the village or other governmental authority to be or present and imminent danger
to the health or lives of human when present in that type of consumable product or material.
Synthetic cannabinoid means a chemical compound, substance or agent identified in the
synthetic cannabinoid appendix that is part of this division, as amended from time to time by
resolution of the village council.
Synthetic marijuana means a consumable product or material that contains a synthetic
cannabinoid or other dangerous substance, which on the date this division was added to the
356
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Code, included herb and herbal incense products marketed and most commonly known as K-2
and Spice Traffic and trafficking means to manufacture, distribute, dispense, sell, transfer, or
possess with intent to manufacture, distribute, dispense, sell, or transfer.
Transfer means to dispose of a controlled substance to another person without consideration and
not in furtherance of commercial distribution.
(Ord. No. 156, § 1.B., 8-6-2012)
Sec. 16-363. - Trafficking prohibitions.
It shall be unlawful for any person to traffic, or knowingly allow trafficking on property owned
or controlled by that person, in any of the following:
(1) A consumable product or material containing a controlled substance or controlled substance
analogue.
(2) A dangerous product.
(3) Synthetic marijuana.
(Ord. No. 156, § 1.C., 8-6-2012)
Sec. 16-364. - Possession and use prohibitions.
It shall be unlawful for any person to possess or use, or knowingly allow the possession and use
on property owned by that person, or any of the following:
(1) A consumable product or material containing a controlled substance or controlled substance
analogue.
(2) A dangerous product.
(3) Synthetic marijuana.
(Ord. No. 156, § 1.D., 8-6-2012)
Sec. 16-365. - Probable cause evidentiary presumption.
In recognition that the presence of a controlled substance, controlled substance analogue,
synthetic cannabinoid, or dangerous substance in a consumable product or material may require
laboratory testing that cannot be done at the time a violation of this division is believed to have
occurred, for purposes of determining the existence of probable cause, it shall be presumed that a
consumable product or material contains one or more of those substances if it is being or has
been marketed or sold for a price that is substantially higher than the price at which the same
357
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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201, Santa Fe, NM 87501.
quantity of a similar and comparable product or material that is known to not contain such
substances can be purchased.
(Ord. No. 156, § 1.E., 8-6-2012)
SYNTHETIC CANNABINOID APPENDIX
Synthetic cannabinoids include all of the following chemical compounds, substances and agents:
"AM cannabinoids" being synthetic chemical compounds, substances or agents created by
Alexandras Makriyannis or his research group and identified as AM-087; AM-251; AM-281;
AM-356; AM-374; AM-381; AM-404; AM-411; AM-630; AM-661; AM-678; AM-679; AM694; AM-885; AM-881; AM-883, AM-905; AM-906; AM-919; AM-926; AM-938; AM-1116;
AM-1172; AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM2213; AM-2232; AM-2233; AM-2102; AM-4030; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
"CP cannabinoids" being synthetic chemical compounds, substances or agents identified as CP47,497; (C6)-CP-47,497; (C7)-CP-47,497; (C8)-CP-47,497; (C9)-CP-47,497; CP-50,556-1; CP55,244; CP-55,940; CP- 945,598; and other substances with a structure and effect that is
substantially similar to those listed. The term shall not include synthetic cannabinoids that
require a prescription, are approved by the United State Food and Drug Administration and are
dispensed in accordance with state and federal law.
"HU cannabinoids" being synthetic chemical compounds, substances or agents synthesized at the
Hebrew University and identified as HU-210; HU-211; HU-243; HU-308; HU-320; HU-331;
HU-336; HU-345; and other substances with a structure and effect that is substantially similar to
those listed. The term shall not include synthetic cannabinoids that require a prescription, are
approved by the United States Food and Drug Administration and are dispensed in accordance
with state and federal law.
"JWH cannabinoids" being synthetic chemical compounds, substances or agents created by John
W. Huffman or his research group and identified as JWH-007; JWH-015; JWH-018; JWH-019;
JWH-030; JWH-047; JWH-048; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098; JWH116; JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161;
JWH-164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH184; JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-196; JWH-197; JWH-198;
JWH-199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234; JWH249; JWH-250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336;
JWH-350; JWH-359; JWH-387; JWH-398; JWH-424; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
358
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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201, Santa Fe, NM 87501.
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
(Ord. No. 156, 8-6-2012)
Secs. 16-366—16-380. - Reserved.
359
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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201, Santa Fe, NM 87501.
Southfield, MI
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF SOUTHFIELD BY ADDING
A NEW SECTION WHICH SHALL BE ENTITLED POSSESSION, USE AND
TRAFFICKING OF SYNTHETIC MARIJUANA AND BATH SALTS, AND SHALL BE
DESIGNATED AS SECTION 9.396, OF CHAPTER 123, CONTROLLED SUBSTANCES, OF
TITLE IX, POLICE REGULATIONS, OF SUCH CODE.
THE CITY OF SOUTHFIELD ORDAINS:
SECTION 1.
The Code of the City of Southfield is hereby amended by adding a new Section 9.396,
Possession, Use, and Trafficking of Synthetic Marijuana and Bath Salts, to Chapter 123,
Controlled Substances, of Title IX, Police Regulations, which shall read as follows:
Section 9.396 Possession, Use and Trafficking of Synthetic Marijuana and Bath Salts
(1) Declaration of Findings and Purpose
The City of Southfield finds that synthetic marijuana and bath salt products marketed in the
United States that provide a marijuana-like high when smoked or ingested have become
increasingly popular, particularly among teens and young adults and that these products consist
of plant material that has been laced with chemicals that have not been approved by the FDA for
human consumption.
The City of Southfield further finds that based on information and reports from poison control
centers, hospitals, emergency room physicians, and police agencies, that individuals who use
synthetic marijuana and bath salts experience side effects including convulsions, tremors,
seizures, hallucinations, unconsciousness, anxiety attacks, dangerously elevated heart rates,
increased blood pressure, vomiting, and disorientation, evidencing that these products are
harmful if consumed and present an imminent and significant public health danger to persons
consuming such products and other persons coming in contact with them.
The City of Southfield further finds that the state of Michigan has moved to prohibit the sale and
possession of similar products, but the changing nature of the products has resulted in the
availability of synthetic marijuana and bath salt products that exceed the State’s definition and
statutes and therefore are not properly regulated by state law.
Based on these findings, this ordinance is adopted for the purpose and with the intent to protect
the public health and safety of the city and its residents from the threats posed by the availability
and use of synthetic marijuana and bath salts by prohibiting persons from trafficking in,
possessing, and using them in the City.
360
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201, Santa Fe, NM 87501.
(2) Definitions
1. Act means the controlled substances provisions in Article 7 of the Michigan Public Health
Code, Public Act No. 368 of 1978, MCL 333.7101 to MCL 333.7545, as amended, which is
hereby adopted by reference as part of this section.
2. Bath Salts mean a consumable product or material that contains a Synthetic Cathinone.
3. Consumable Product or Material means a product or material that regardless of packaging
disclaimers or disclosures that it is not for human consumption or use, is in a form that readily
allows for human consumption by inhalation, ingestion, injection, or application, through means
including, but not limited to smoking, or ingestion by mouth with or without mixing with food or
drink.
4. Controlled Substance, for purposes of this section, means any substance containing a Synthetic
Cannabinoid or Synthetic Cathinone.
5. Person means any person, firm, group, association, organization, partnership, business,
corporation, company, limited liability company, or other business entity. For the purposes of
this section, the president, managers, owners, shareholders, partners, members or other persons
in charge of the business shall be responsible to require the business to comply with this section
and shall likewise be subject to the penalties imposed for violations of this section by the
business entity.
6. Synthetic Cannabinoid includes any material, compound, mixture, or preparation that is not
otherwise listed as a controlled substance under the Act, is not approved by the federal Food and
Drug Administration as a drug, and contains any quantity of the substances, their salts, isomers
(whether optical, positional, or geometric), homologues (analogs), and salts of isomers and
homologues (analogs), unless specifically excepted under the Act, whenever the existence of
these salts, isomers, homologues (analogs) and salts of isomers and homologues (analogs) is
possible within the specific chemical designation, as set forth in the Synthetic Cannabinoid
Appendix that is part of this Section, as may be amended from time to time by the Southfield
City Council.
7. Synthetic Cathinone means any material, compound, mixture or preparation that is not
otherwise listed as a controlled substance under the Act, is not approved by the federal Food and
Drug Administration as a drug, and contains any quantity of the substances, their salts, isomers
(whether optical, positional, or geometric), homologues (analogs), and salts of isomers and
homologues (analogs), unless specifically excepted under the Act, whenever the existence of
these salts, isomers, homologues (analogs), and salts of isomers and homologues (analogs) is
possible within the specific chemical designation, as set forth in the Synthetic Cathinones
Appendix that is part of this section, as may be amended from time to time by the Southfield
City Council.
361
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
8. Synthetic Marijuana means a consumable product or material that contains a Synthetic
Cannabinoid, including, without limitation, herb and herbal incense products marketed and most
commonly known as K-2 and Spice.
9. Traffic and Trafficking means to manufacture, distribute, dispense, sell, transfer, or possess
with intent to manufacture, distribute, dispense, sell, or transfer.
10. Transfer means to dispose of a controlled substance to another person without consideration
and not in furtherance of commercial distribution.
(3) Possession or use
It shall be unlawful for a person to possess or use, or knowingly allow the possession and/or use
on property owned or controlled by that person, of Synthetic Marijuana or Bath Salts.
(4) Trafficking
It shall be unlawful for a person to traffic in Synthetic Marijuana or Bath Salts, or knowingly
allow trafficking in Synthetic Marijuana or Bath Salts on property owned or controlled by that
person.
(5) Penalties
A violation of this section shall constitute a misdemeanor and be subject to a punishment of a
fine of not more than five hundred dollars ($500.00) or imprisonment for not more than ninety
(90) days, or both.
(6) City officers
No liability is imposed by this section upon any authorized officer of the city engaged in the
lawful performance of his or her duties.
SECTION 2.
Should any section, clause, or paragraph of this Ordinance be declared by a court of competent
jurisdiction to be invalid, the same will not affect the validity of the Ordinance as a whole or part
thereof other than the part declared to be invalid.
SECTION 3.
All ordinances or part of ordinances in conflict herewith are hereby repealed only to the extent
necessary to give this Ordinance full force and effect.
362
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201, Santa Fe, NM 87501.
SECTION 4.
This ordinance is deemed to be an emergency ordinance for the health, safety and welfare of the
residents of the City of Southfield, and shall take effect upon publication.
SYNTHETIC CANNABINOID APPENDIX
Synthetic Cannabinoid includes any material, compound, mixture or preparation containing any
quantity of any of the following substances:
(i) Any compound containing a 3-(1-Naphthoyl) indole structure, also known as
Napthoylindoles, with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-Methyl-2-Piperidinyl) methyl, or 2-(4Morpholinyl) ethyl group, whether or not further substituted on the indole ring to any extent and
whether or not substituted on the naphthyl ring to any extent. Examples of this structural class
include, but are not limited to: JWH 007, JWH 015, JWH 018, JWH 019, JWH 073, JWH 081,
JWH 122, JWH 200, JWH 210, JWH 398, AM 1220, AM 2201, and WIN 55 212-2.
(ii) Any compound containing a 1H-Indol-3-YL-(1-Naphthyl) methane structure, also known as
Napthylmethylindoles, with substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-Methyl-2-Piperidinyl) methyl, or 2(4-Morpholinyl) ethyl group, whether or not further substituted on the indole ring to any extent
and whether or not substituted on the naphthyl ring to any extent. Examples of this structural
class include, but are not limited to: JWH-175, and JWH-184.
(iii) Any compound containing a 3-(1-Naphthoyl) pyrrole structure, also known as
Naphtoylpyrroles with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-Methyl-2-Piperidinyl) methyl, or 2-(4Morpholinyl) ethyl group, whether or not further substituted on the pyrrole ring to any extent and
whether or not substituted on the naphthyl ring to any extent. Examples of this structural class
include, but are not limited to: JWH 370, JWH 030.
(iv) Any compound containing a naphthylideneindene structure with substitution at the 3position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1(N-Methyl1-2-Piperidinyl) methyl, or 2-(4-Morpholinyl) ethyl group, whether or not further
substituted on the indene ring to any extent and whether or not substituted on the naphthyl ring to
any extent. Examples of this structural class include, but are not limited to: JWH-176.
(v) Any compound containing a 3-Phenylacetylindole structure, also known as
Phenacetylindoles, with substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-Methyl-2-Piperidinyl) methyl, or 2(4-Morpholinyl) ethyl group, whether or not further substituted on the indole ring to any extent
363
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
and whether or not substituted on the phenyl ring to any extent. Examples of this structural class
include, but are not limited to: RCS-8 (SR-18), JWH 250, JWH 203, JWH-251, and JWH-302.
(vi) Any compound containing a 2-(3-Hydroxycyclohexyl) phenol structure, also known as
Cyclohexylphenols, with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-Methyl-2-Piperidinyl) methyl, or 2-(4Morpholinyl) ethyl group, whether or not substituted on the cyclohexyl ring to any extent.
Examples of this structural class include, but are not limited to: CP 47, 497 (and Homologues
[Analogs]), cannabicyclohexanol, and CP 55, 940.
(vii) Any compound containing a 3-(Benzoyl) indole structure, also known as Benzoylindoles,
with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-Methyl-2-Piperidinyl) methyl, or 2-(4-Morpholinyl)
ethyl group, whether or not further substituted on the indole ring to any extent and whether or not
substituted on the phenyl ring to any extent. Examples of this structural class include, but are not
limited to: Pravadoline (WIN 48, 098), RCS 4, AM-630, AM-679, AM-1241, and AM-2233.
(viii) Any compound containing a 11-Hydroxy-/_\- Tetrahydrocannabinol structure, also known
as Dibenzopyrans, with further substitution on the 3-pentyl group by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkyethyl, 1-(N-Methyl-2-Piperidinyl) methyl, or 2-(4-Morpholinyl)
ethyl group. Examples of this structural class include, but are not limited to: HU-210, JWH 051,
JWH 133.
(ix) Any compound containing a 3-(L-Adamantoyl) indole structure, also known as
Adamantoylindoles, with substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-Methyl-2-Piperidinyl) methyl, or 2(4-Morpholinyl) ethyl group, whether or not further substituted on the adamantly ring system to
any extent. Examples of this structural class include, but are not limited to: AM-1248.
(x) Any other synthetic chemical compound that is a cannabinoid receptor agonist and mimics
the pharmacological effect of naturally occurring cannabinoids that is not listed in Schedules II
through V of the Act and is not approved by the federal Food and Drug Administration as a drug.
SYNTHETIC CATHINONE APPENDIX
Synthetic Cathinone includes any material, compound, mixture or preparation containing any
quantity of any of the following substances:
(i) Any compound containing a 2-Amino-1-Propanone structure with substitution at the 1position with a monocyclic or fused polycyclic ring system and a substitution at the nitrogen
atom by an alkyl group, cycloalkyl group, or incorporation into a heterocyclic structure.
Examples of this structural class include, but are not limited to, Dimethylcathinone,
Ethcathinone, and Alpha-Pyrrolidinopropiophenone.
364
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(ii) Any compound containing a 2-Amino-1-Propanone structure with substitution at the 1position with a monocyclyc or fused polycyclic ring system and a substitution at the 3-position
carbon with an alkyl, haloalkyl, or alkoxy group. Examples of this structural class include, but
are not limited to, naphyrone.
(iii) Any compound containing a 2-Amino-1-Propanone structure with substitution at the 1position with a monocyclyc or fused polycyclic ring system and a substitution at any position of
the ring system with an alkyl, haloalkyl, halogen, alkylenedioxy, or alkoxy group, whether or not
further substituted at any position on the ring system to any extent. Examples of this structural
class include, but are not limited to, mephedrone, methylone, and 3-fluoromethylone.
365
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sumpter Township, MI
Chapter 14. Offenses.
Article VI. Offenses Against Public Morals.
Division 3. Controlled Substances.
Sec. 14-207. Synthetic marijuana and dangerous products.
(a) Findings, intent and purpose.
(1) The township finds that synthetic marijuana, consisting of plant or other material treated with
chemicals or other substances that have not been approved for human consumptions, is being
marketed and sold as herbal incense and is being used in the same manner and for the same
purposes as marijuana, with that use having become increasingly popular, particularly among
teens and young adults.
(2) The township further finds based on information and reports from poison control centers,
hospitals, emergency room doctors, and police agencies that individuals who use synthetic
marijuana experience dangerous side effects including convulsions, tremors, seizures,
hallucinations, unconsciousness, anxiety attacks, dangerously elevated heart rates, increased
blood pressure, vomiting, and disorientation, evidencing that these herbal incense products are
harmful if consumed and present an imminent and significant public health danger to persons
consuming such products and other persons coming in contact with them.
(3) The township further finds that, notwithstanding the high potential for abuse, and lack of any
accepted medical use, the ability of the state to prohibit all forms of synthetic marijuana as a
controlled substance has been frustrated due to the changing nature of the chemicals used in the
manufacturing process.
(4) The township further finds that in addition to synthetic marijuana, there may be other
products or materials containing chemicals or substances, that while not approved for human
consumption, are or may be marketed and sold in a form that allows for such consumption and
which, upon consumption, may result in the same serious side effects and public health dangers
as synthetic marijuana.
(5) Based on these findings, this section is adopted for the purpose and with the intent to protect
the public health and safety of the township and its residents from the threat posed by the
availability and use of synthetic marijuana and other dangerous products by prohibiting persons
from trafficking in, possessing, and using them in the township.
(b) Definitions and adoption by reference. As used in this division, the following words and
phrases have the meanings indicted:
366
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201, Santa Fe, NM 87501.
Act means the controlled substances provisions in Article 7 of the Public Health Code, Public
Act No. 368 of 1978, MCL 333.7101 to MCL 333.7545, as amended, which is hereby adopted
by reference as part of this division.
Chemical agent means a chemical or organic compound, substance, or agent that is not made,
intended and approved for consumption by humans.
Consumable product or material means a product or material, that regardless of packaging
disclaimers or disclosures that it is not for human consumption or use, is in a form that readily
allows for human consumption by inhalation, ingestion, injection, or application, through means
including but not limited to smoking, or ingestion by mouth with or without mixing with food or
drink.
Controlled substance means a substance included as a controlled substance in schedules 1
through 5 of the act or a substance temporarily scheduled or rescheduled as controlled substance
as provided in the act.
Controlled substance analogue has the same meaning as defined in the act, which is a substance,
the chemical structure of which is substantially similar to that of a controlled substance in
schedules 1 and 2 of the act.
Dangerous product means a consumable product or material containing a dangerous substance.
Dangerous substance means: (i) a chemical agent that under section 2451 of the acts, MCL
333.2451, has been determined by the local health officer to be or present an imminent danger to
the health or lives of humans when present in a consumable product or material; and (ii) a
chemical agent in a consumable product or material unless that chemical agent is conspicuously
identified and described in writing on the packaging of the product, and has not been previously
determined by the city or other governmental authority to be or present an imminent danger to
the health or lives of humans when present in that type of consumable product or material.
Synthetic cannabinoid means a chemical compound, substance or agent identified in the
synthetic cannabinoid appendix that is part of this division, as amended from time to time by
resolution of the city commission.
Synthetic marijuana means a consumable product or material that contains a synthetic
cannabinoid or other dangerous substance, which on the date this division was added to the
Code, included herb and herbal incense products marketed and most commonly known as K-2
and spice.
Traffic and trafficking means to manufacture, distribute, dispense, sell, transfer, or possess with
intent to manufacture, distribute, dispense, sell, or transfer.
367
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(c) Synthetic cannabinoid appendix. Synthetic cannabinoids include all the following chemical
compounds, substances and agents:
"AM cannabinoids" being synthetic chemical compounds, substances or agents created by
Alexandros Makriyannis or his research group and identified as AM-087; AM-251; AM-281;
AM-356; AM-374; AM-381; AM-404; AM-411; AM-630; AM-661; AM-678; AM-679; AM694; AM-855; AM-881; AM-883; AM-905; AM-906; AM-919; AM-926; AM-938; AM-1116;
AM-1172; AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM2213; AM-2232; AM-2233; AM-2102; AM-4030; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
"CP cannabinoids" being synthetic chemical compounds, substances or agents identified as CP47, 297; (C6)-CP-47, 497; (C7)-CP-47, 497; (C8)-CP-47, 497; (C9)-CP-47, 297; CP-50, 556-1;
CP-55, 244; CP-55, 940; CP-945, 598; and other substances with a structure and effect that is
substantially similar to those listed. The term shall not include synthetic cannabinoids that
require a prescription, are approved by the United States Food and Drug Administration and are
dispensed in accordance with state and federal law.
"HU cannabinoids" being synthetic chemical compounds, substances or agents synthesized at the
Hebrew University and identified as HU-210; HU-211; HU-243; HU-308; HU-320; HU-331;
HU-336; HU-345; and other substances with a structure and effect that is substantially similar to
those listed. The term shall not include synthetic cannabinoids that require a prescription, are
approved by the United States Food and Drug Administration and are dispensed in accordance
with state and federal law.
"JWH cannabinoids" being synthetic chemical compounds, substances or agents created by John
W. Huffman or his research group and identified as JWH-007; JWH-015; JWH-018; JWH-019;
JWH-030; JWH-047; JWH-048; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098; JWH116; JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161;
JWH-164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH184; JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-196; JWH-197; JWH-198;
JWH-199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234; JWH249; JWH-250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336;
JWH-350; JWH-359; JWH-387; JHW-398; JWH-424; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
(d) Trafficking prohibitions. It shall be unlawful for any person to traffic, or knowingly allow
trafficking on property owned or controlled by that person, in any of the following:
368
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201, Santa Fe, NM 87501.
(1) A consumable product or material containing a controlled substance or controlled substance
analogue;
(2) A dangerous product; or
(3) Synthetic marijuana.
(e) Possession and use prohibitions. It shall be unlawful for any person to possess or use, or
knowingly allow the possession and use on property owned or controlled by that person, of any
of the following:
(1) A consumable product or material containing a controlled substance or controlled substance
analogue;
(2) A dangerous product; or
(3) Synthetic marijuana.
(f) Probable cause evidentiary presumption. In recognition that the presence of a controlled
substance, controlled substance analogue, synthetic cannabinoid, or dangerous substance in a
consumable product or material may require laboratory testing that cannot be done at the time a
violation of this division is believed to have occurred, for purposes of determining the existence
of probable cause, it shall be presumed that a consumable product or material contains one or
more of those substances if it is being or has been marketed or sold for a price that is
substantially higher than the price at which the same quantity of a similar and comparable
product or material that is known to not contain such substances can be purchased.
(g) Penalties. The sanction for a violation of this division shall be as a misdemeanor, punishable
by a fine of not more than five hundred dollars ($500.00) and/or imprisonment for not more than
ninety (90) days.
(Ord. No. 111, §§ 1—6, 6-12-12)
369
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Wixom, MI
Title 9 – Public Peace and Welfare.
Chapter 9.32. Controlled Substances and Paraphernalia.
Article II. Synthetic Marijuana and Dangerous Products.
9.32.040 Findings, intent and purpose.
9.32.041 Definitions and adoption by reference.
9.32.042 Trafficking prohibitions.
9.32.043 Possession and use prohibitions.
9.32.044 Probable cause evidentiary presumption.
9.32.045 Penalties.
9.32.046 Synthetic cannabinoid appendix.
9.32.040 Findings, intent and purpose.
A. The city finds that synthetic marijuana, consisting of plant or other material treated with
chemicals or other substances that have not been approved for human consumption, is being
marketed and sold as herbal incense and is being used in the same manner and for the same
purposes as marijuana, with that use having become increasingly popular, particularly among
teens and young adults.
B. The city further finds based on information and reports from poison control centers, hospitals,
emergency room doctors, and police agencies, that individuals who use synthetic marijuana
experience dangerous side effects including convulsions, tremors, seizures, hallucinations,
unconsciousness, anxiety attacks, dangerously elevated heart rates, increased blood pressure,
vomiting, and disorientation, evidencing that these herbal incense products are harmful if
consumed and present an imminent and significant public health danger to persons consuming
such products and other persons coming in contact with them.
C. The city further finds that, notwithstanding the high potential for abuse, and lack of any
accepted medical use, the ability of the state to prohibit all forms of synthetic marijuana as a
controlled substance has been frustrated due to the changing nature of the chemicals used in the
manufacturing process.
D. The city further finds that in addition to synthetic marijuana, there may be other products or
materials containing chemicals or substances, that while not approved for human consumption,
are or may be marketed and sold in a form that allows for such consumption and which, upon
consumption, may result in the same serious side effects and public health dangers as synthetic
marijuana.
E. Based on these findings, this ordinance is adopted for the purpose and with the intent to
protect the public health and safety of the city and it residents from the threat posed by the
370
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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201, Santa Fe, NM 87501.
availability and use of synthetic marijuana and other dangerous products by prohibiting persons
from trafficking in, possessing, and using them in the city.
(Ord. No. 2012-01, § 1, 6-12-2012)
9.32.041 Definitions and adoption by reference.
As used in this article, the following words and phrases have the meanings indicated.
"Act" means the controlled substances provisions in Article 7 of the Public Health Code, Public
Act No. 368 of 1978, MCL 333.7101 to MCL 333.7545, as amended, which is hereby adopted
by reference as a part of this division.
"Chemical agent" means any chemical or organic compound, substance, or agent that is not
made, intended and approved for consumption by humans.
"Consumable product or material" means a product or material, that regardless of packaging
disclaimers or disclosures that it is not for human consumption or use, is in a form that readily
allows for human consumption by inhalation, ingestion, injection, or application, through means
including but not limited to smoking, or ingestion by mouth with or without mixing with food or
drink.
"Controlled substance" means a substance included as a controlled substance in schedules 1
through 5 of the Act or a substance temporarily scheduled or rescheduled as a controlled
substance as provided in the Act.
"Controlled substance analogue" has the same meaning as defined in the Act, which is a
substance, the chemical structure of which is substantially similar to that of a controlled
substance in schedules 1 and 2 of the Act.
"Dangerous product" means a consumable product or material containing a dangerous substance.
"Dangerous substance" means: (i) a chemical agent that under section 2451 of the Act, MCL
333.2451, has been determined by the local health officer to be or present an imminent danger to
the health or lives of humans when present in a consumable product or material; and, (ii) a
chemical agent in a consumable product or material unless that chemical agent is conspicuously
identified and described in writing on the packaging of the product, and has not been previously
determined by the city or other governmental authority to be or present an imminent danger to
the health or lives of humans when present in that type of consumable product or material.
"Synthetic cannabinoid" means a chemical compound, substance or agent identified in the
Synthetic Cannabinoid Appendix that is part of this division, as amended from time to time by
Resolution of the City Council.
371
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
"Synthetic marijuana" means a consumable product or material that contains a synthetic
cannabinoid or other dangerous substance, which on the date this division was added to the
Code, included herb and herbal incense products marketed and most commonly known as K-2
and Spice.
"Traffic" and "trafficking" means to manufacture, distribute, dispense, sell, transfer, or possess
with intent to manufacture, distribute, dispense, sell, or transfer.
"Transfer" means to dispose of a controlled substance to another person without consideration
and not in furtherance of commercial distribution.
(Ord. No. 2012-01, § 1, 6-12-2012)
9.32.042 Trafficking prohibitions.
It shall be unlawful for any person to traffic, or knowingly allow trafficking on property owned
or controlled by that person, in any of the following:
A. A consumable product or material containing a controlled substance or controlled substance
analogue.
B. A dangerous product.
C. Synthetic marijuana.
(Ord. No. 2012-01, § 1, 6-12-2012)
9.32.043 Possession and use prohibitions.
It shall be unlawful for any person to possess or use, or knowingly allow the possession and use
on property owned or controlled by that person, of any of the following:
A. A consumable product or material containing a controlled substance or controlled substance
analogue.
B. A dangerous product.
C. Synthetic marijuana.
(Ord. No. 2012-01, § 1, 6-12-2012)
9.32.044 Probable cause evidentiary presumption.
In recognition that the presence of a controlled substance, controlled substance analogue,
synthetic cannabinoid, or dangerous substance in a consumable product or material may require
laboratory testing that can not be done at the time a violation of this article is believed to have
372
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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201, Santa Fe, NM 87501.
occurred, for purposes of determining the existence of probable cause, it shall be presumed that a
consumable product or material contains one or more of those substances if it is being or has
been marketed or sold for a price that is substantially higher than the price at which the same
quantity of a similar and comparable product or material that is known to not contain such
substances can be purchased.
(Ord. No. 2012-01, § 1, 6-12-2012)
9.32.045 Penalties.
The sanction for a violation of this article shall be as a misdemeanor, punishable by a fine of not
more than five hundred dollars and/or imprisonment for not more than ninety days as provided in
Section 7.5 of the Wixom City Charter.
(Ord. No. 2012-01, § 1, 6-12-2012)
9.32.046 Synthetic cannabinoid appendix.
Synthetic cannabinoids include all of the following chemical compounds, substances and agents.
"AM Cannabinoids" being synthetic chemical compounds, substances or agents created by
Alexandros Makriyannis or his research group and identified as AM-087; AM-251; AM-281;
AM-356; AM-374; AM-381; AM-404; AM-411; AM-630; AM-661; AM-678; AM-679; AM694; AM-855; AM-881; AM-883; AM-905; AM-906; AM-919; AM-926; AM-938; AM-1116;
AM-1172; AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM2213; AM-2232; AM-2233; AM-2102; AM-4030; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
"CP Cannabinoids" being synthetic chemical compounds, substances or agents identified as CP47, 497; (C6)-CP-47, 497; (C7)-CP-47, 497; (C8)-CP-47, 497; (C9)-CP-47, 497; CP-50, 556-1;
CP-55, 244; CP-55, 940; CP-945, 598; and other substances with a structure and effect that is
substantially similar to those listed. The term shall not include synthetic cannabinoids that
require a prescription, are approved by the United States Food and Drug Administration and are
dispensed in accordance with state and federal law.
"HU Cannabinoids" being synthetic chemical compounds, substances or agents synthesized at
the Hebrew University and identified as HU-210; HU-211; HU-243; HU-308; HU-320; HU-331;
HU-336; HU-345; and other substances with a structure and effect that is substantially similar to
those listed. The term shall not include synthetic cannabinoids that require a prescription, are
approved by the United States Food and Drug Administration and are dispensed in accordance
with state and federal law.
373
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
"JWH Cannabinoids" being synthetic chemical compounds, substances or agents created by John
W. Huffman or his research group and identified as JWH-007; JWH-015; JWH-018; JWH-019;
JWH-030; JWH-047; JWH-048; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098; JWH116; JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161;
JWH-164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH184; JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-196; JWH-197; JWH-198;
JWH-199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234; JWH249; JWH 250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336;
JWH-350; JWH-359; JWH-387; JWH-398; JWH-424; and other substances with a structure and
effect that is substantially similar to those listed. The term shall not include synthetic
cannabinoids that require a prescription, are approved by the United States Food and Drug
Administration and are dispensed in accordance with state and federal law.
(Ord. No. 2012-01, § 1, 6-12-2012)
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
MINNESOTA
Duluth, MN
Chapter 28. Health and Sanitation.
Article VIII. Consumption of Products Labeled Not For Human Consumption.
Sec. 28-73. Findings of fact and statement of purpose.
(a) The Duluth City Council finds the following facts to exist:
(1) The consumption of products labeled not for human consumption is a public health hazard,
creates public nuisances and results in an increased need for public safety services; and
(2) Health hazards associated with the consumption of these products include addiction,
psychosis, strokes, anxiety, stimulation, and other physical and mental disorders; and
(3) Prohibiting the consumption of products labeled not for human consumption will provide for
better public health and safety. (Reused by Ord. No. 10230, 6-10-2013, § 1.)
Sec. 28-74. Other applicable laws.
This Article is intended to complement state and federal laws regulating products labeled not for
human consumption including synthetic drugs. (Reused by Ord. No. 10230, 6-10-2013, § 1.)
Sec. 28-75. Violation and definition.
(a) It is a violation of this Article for any person to intentionally consume any product labeled
not for human consumption;
(b) It is a violation of this Article to intentionally aid another in violation of this Article;
(c) For the purpose of this Article, consume or consumption shall include eating, drinking,
smoking, injecting and inhalation;
(d) It is not a violation of this Article if a person is acting under the written direction and
supervision of a medical doctor. (Reused by Ord. No. 10230, 6-10-2013, § 1.)
Sec. 28-76. Severability.
If any portion of this Article, or its application to any circumstances, is held invalid, the
remaining provisions shall be considered severable, and shall be given effect to the maximum
extent possible. (Reused by Ord. No. 10230, 6-10-2013, § 1.)
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
MISSISSIPPI
Biloxi, MS
Chapter 13. Offenses and Miscellaneous Provisions.
Article III. Regulations Prohibiting the Use, Purchase, Possession, Distribution, Sale or Offering
for Sale of Synthetic Cannabinoids or Other Synthetic Products.
Sec. 13-2-1. - [Unlawful.]
Sec. 13-2-2. - [Confiscation; destroyed.]
Sec. 13-2-3. - [Exemptions.]
Sec. 13-2-4. - [Application.]
Sec. 13-2-5. - [Penalty for violation.]
Sec. 13-2-1. - [Unlawful.]
No person shall use, possess, purchase, distribute, sell, or attempt to use, possess, purchase,
distribute, sell or publicly display for sale any one or more of the following chemicals, either
alone or in combination with other legal or illegal substances, within the city limits of the City of
Biloxi, Mississippi:
(1)
1-naphthalenyl-(1-pentyl-1H-indol-3-yl)-methanone, which is sometimes marketed under
the name JWH-018/spice, or other names;
(2)
(1-butyl-1H-indol-3-yl)-1-naphthalenyl-methanone, which is sometimes marketed under
the name JWH-073, or other names;
(3)
1 -(3-[trifluoromethylphenyl]) piperazine, which is sometimes marketed under the name
TFMPP, or other names;
(4)
4-methoxymethcathione and Ethylcathinone, 3,4- methylenedioxypyrovalerone and
related analogs and CP-47,497 and related homologs (also seen in spice), such as C6, C8, and
C9;
(5)
Any structural analogs similar to those listed above, including but not limited to synthetic
cannabinoids.
(Ord. No. 2163, § 1, 7-27-10)
Sec. 13-2-2. - [Confiscation; destroyed.]
If any of the aforementioned substances shall be found in the possession of any person, unless
specifically excluded herein, the substances shall be confiscated and destroyed by law
enforcement officials.
(Ord. No. 2163, § 1, 7-27-10)
376
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 13-2-3. - [Exemptions.]
It shall not be an offense under 13-2-1 above of this article if a person shall be acting at the
direction of an authorized agent of the City of Biloxi, Mississippi to enforce or ensure
compliance with this law prohibiting the use, possession, purchase, distribution, or sale or the
attempt to use, possess, purchase, distribute, or sell or publicly display for sale the
aforementioned substances.
(Ord. No. 2163, § 1, 7-27-10)
Sec. 13-2-4. - [Application.]
This article shall not apply to any person who shall commit any act described in this article
pursuant to the direction or prescription of a duly licensed physician or dentist authorized to
direct or prescribe such act. This article shall not apply to the inhalation of anesthesia for a
medical or dental purpose which inhalation of anesthesia shall be administered by or under the
supervision of a duly licensed physician or dentist.
(Ord. No. 2163, § 1, 7-27-10)
Sec. 13-2-5. - [Penalty for violation.]
Any person found to be guilty of violating this article shall be deemed guilty of a misdemeanor
and shall be punished by a fine not to exceed $1,000.00 or imprisoned in the county jail not to
exceed six months or both.
(Ord. No. 2163, § 1, 7-27-10)
377
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Columbus, MS
ORDINANCE PROHIBITING THE USE, PURCHASE,
POSSESSION, DISTRIBUTION, SALE OR OFFERING FOR SALE OF
SYNTHETIC CANNABINOIDS OR OTHER SYNTHETIC PRODUCTS
WHEREAS, the Mayor and City Council of the City of Columbus, Mississippi have determined
that certain substances could legally be sold within the City of Columbus, Mississippi, that, when
ingested, produce intoxicating effects similar to THC or marijuana and/or Methcathinone; and
WHEREAS, the substances described below are not yet categorized as illegal controlled
substances under state or federal law; and
WHEREAS, the substances described below are often used as an alternative to marijuana and
other controlled substances and are potentially dangerous to users; and
WHEREAS, it has been determined that the effects of these substances are a health concern to
the citizens of the City of Columbus, Mississippi; and
WHEREAS, the Mayor and City Council of the City of Columbus, Mississippi, have determined
the need to establish regulations preventing the use, possession, purchase, distribution, sale or
attempt to use, possess, purchase, distribute or sale or publicly display for sale any one or more
of the following chemicals or substances within the city limits of the City of Columbus,
Mississippi; and therefore adopt the following regulations and penalties in conjunction with
Chapter 19 of the Code of Ordinances of the City of Columbus, and
WHEREAS, pursuant to Section 21-13-11 of the Mississippi Code Annotated (1972), this
Ordinance Prohibiting the Use, Purchase, Possession, Distribution, Sale or Offering For Sale Of
Synthetic Cannabinoids Or Other Synthetic Products is for the immediate and temporary
preservation of the public peace, health and safety, and shall become effective immediately upon
its adoption, and prior to being recorded and published, as the best interests of the public will be
served by the immediate effectiveness of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Columbus,
Mississippi, as follows:
SECTION 1. The prefatory statements are hereby incorporated herein.
SECTION 2. That the Code of Ordinances of the City of Columbus, Mississippi, be and the same
is hereby amended by changing the name of Article X to Drugs and Drug-related Paraphernalia
and adding the following code sections, under the heading Prohibition of the Use, Purchase,
Possession, Distribution, Sale or Offering for Sale of Synthetic Cannabinoids or Other Synthetic
Products, to read as follows:
378
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Article X
Drugs and Drug Related Paraphernalia
Section 20-135
PROHIBITION OF THE USE, PURCHASE,
POSSESSION, DISTRIBUTION, SALE OR OFFERING FOR SALE OF
SYNTHETIC CANNABINOIDS OR OTHER SYNTHETIC PRODUCTS
Section 20-135. Prohibition.
No person shall use, possess, purchase, distribute, sale or attempt to use, possess, purchase,
distribute, or sale or publicly display for sale any one or more of the following chemicals within
the city limits of the City of Columbus, Mississippi:
(A) Salviadivinorum or salvnorum A: all parts of the plan presently classified botanically as
salvia divinorum, whether growing or not, the seeds thereof an extract from any part of such
plant, and every compound, manufacturate salts derivative, mixture or preparation of such plant,
its seeds or extracts;
(B) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo[c] chromen-1-ol – some trade or other names: HU-210;
(C) 1-pentyl-3-(1-naphthoyl)indole – some trade or other names: JWH-018/spice;
(D) 1-butyl-3-(1-naphthoyl)indole – some trade or other names: JWH-073;
(E) 1-(3-[trifluoromethylphenyl])piperazine – some trade or other names: TFMIP;
(F) 4-methoxymethcathinone and Ethylcathinone;
(G) or any similar structural analogs.
If any of the aforementioned substances shall be found in the possession of any person, unless
specifically excluded herein, the substances shall be confiscated and destroyed by law
enforcement officials.
Section 20-136. Exemption.
It shall not be an offense under Section 20-135 above of this Ordinance if a person shall be
acting at the direction of an authorized agent of the city of Columbus, Mississippi, to enforce or
ensure compliance with this law prohibiting the use, possession, purchase, distribution or sale or
the attempt to use, possess, purchase, distribute or sale or publicly display for sale the
aforementioned substances.
379
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
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201, Santa Fe, NM 87501.
This Ordinance shall not apply to any person who shall commit any act described in this
Ordinance pursuant to the direction or prescription of a duly licensed physician or dentist
authorized to direct or prescribe such act. This Ordinance shall not apply to the inhalation of
anesthesia for a medical or dental purpose, which inhalation of anesthesia shall be administered
by or under the supervision of a duly licensed physician or dentist.
Section 20-137. Penalties.
Any person found to be guilty of violating this Ordinance shall be deemed guilty of a
misdemeanor and shall be punished by a fine not to exceed One Thousand and 00/100 Dollars
($1,000.00) or imprisonment not exceeding six (6) months, or both.
Section 3. That all provisions of the ordinances of the City of Columbus in conflict with the
provisions of this ordinance be, and the same are hereby, repealed and all other provisions of the
ordinances of the City of Columbus not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 4. That should any sentence, paragraph, subdivision, clause, phrase, or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of
Ordinances as a whole.
Section 5. This ordinance shall become effective immediately. The City Clerk shall cause the
ordinance to be published in a local newspaper with a general circulation.
Passed and adopted August 3, 2010.
380
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Corinth, MS
Part II. Code of Ordinances.
Chapter 16. Health and Sanitation.
Article II. Prohibition of the Use, Purchase, Possession, Distribution, Sale or Offering for Sale of
Synthetic Cannabinoids or Other Synthetic Products.
Sec. 16-12. - Prohibition.
No person shall use, possess, purchase, distribute, sale, give or attempt to use, possess, purchase,
distribute or sale, give or publicly display for sale any one (1) or more of the following chemicals
within the city limits of the City of Corinth, Mississippi:
(a)
Salviadivinorum or salvinorum A: all parts of the plant presently classified botanically as
salvia divinorum, whether growing or not, the seeds thereof an extract from any part of such
plant, and every compound, manufacturate salts derivative, mixture or preparation of such plant,
its seeds or extracts;
(b)
(6aR,1OaR)-9-(hydroxymethyl)-6,6dimethyl-3-(2-methyloctan-2-yl)-6a7, 10.
10a-tetrahydrobenzo[c]chromen-1-ol—some trade or other names: HU-210;
(c)
1-Pentyl-3-(1-naphthoyl) indole—some trade or other names: JWH-018/spice;
(d)
1-Butyl-3-(1-naphthoyl) indole—some trade or other names: JWH-073;
(e)
1-(3-[trifluoromethylphenyl]) piperazine—some trade or other names: TFMIP;
(f)
4-methoxymethcathrone and Ethylcathinone; or
(g)
Any similar structural analogs.
If any of the aforementioned substances shall be found in the possession of any person, unless
specifically excluded herein, the substances shall be confiscated and destroyed by law
enforcement officials.
(Ord. of 8-3-2010, § 1)
Sec. 16-13. - Exemption.
It shall not be an offense under section 16-12 above if a person shall be acting at the direction of
an authorized agent of the City of Corinth, Mississippi, to enforce or ensure compliance with this
law prohibiting the use, possession, purchase, distribution or sale or the attempt to use, possess,
purchase, distribute or sale or publicly display for sale the aforementioned substances.
381
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
This article shall not apply to any person who shall commit any act described in this article
pursuant to the direction or prescription of a duly-licensed physician or dentist authorized to
direct or prescribe such act. This article shall not apply to the inhalation of anesthesia for a
medical or dental purpose, which inhalation of anesthesia shall be administered by or under the
supervision of a duly-licensed physician or dentist.
(Ord. of 8-3-2010, § 1)
Sec. 16-14. - Penalties.
Any person found to be guilty of violating this article shall be deemed guilty of a misdemeanor
and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment
not exceeding six (6) months, or both.
(Ord. of 8-3-2010, § 1)
382
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
D’Iberville, MS
Chapter 19. Offenses and Miscellaneous Provisions.
Article I. In General.
Sec. 19-7. - Synthetic cannabinoids prohibited.
It is hereby declared to be unlawful for any person to use, possess, purchase, attempt to purchase,
sell, publicly display for sale or attempt to sell or give, any one or more of the following
chemicals within the city limits of the City of D'Iberville, Mississippi:
(1) Salviadivinorum or salvinorum A: All parts of the plant presently classified botanically as
salvia divinorum, whether growing or not, the seeds thereof an extract from any part of such
plant, and every compound, manufacturate salts derivative, mixture or preparation of such plant,
its seeds or extracts;
(2) (6aR, 1OaR)-9-(hydroxymethyl)-6, 6 dimethyl-3-(2-methyloctan-2-yl)-6a7, 10atetrahydrobenzo[c]chromen-1-01 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) 1 -(3-[trifluoromethylphenyl]) piperazine-some trade or other names: TFMPP;
(6) 4-methoxymethcathione, Ethylcathinone, 3,4-methylenedioxypyrovalerone and related
analogs and CP-47, 497 and related homologs; or
(7) Any similar structural analogs.
(Ord. No. 127, § 1, 8-3-10)
383
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Grenada, MS
Chapter 21. Offenses.
Article VI. Drug-Related Offenses.
Division 2. Synthetic Cannabinoids and Other Synthetic Products.
Sec. 21-87. Use, possession, purchase, distribution or sale prohibited.
Secs. 21-88, 21-89. Reserved.
Sec. 21-87. Use, possession, purchase, distribution or sale prohibited.
(a) No person shall use, possess, purchase, distribute, sale or attempt to use, possess, purchase,
distribute or sale or publicly display for sale any one or more of the following chemicals within
the city limits of the City of Grenada, Mississippi:
(1) Salviadivinorum or salvinorum A: all parts of the plant presently classified botanically as
salvia divinorum, whether growing or not, the seeds thereof an extract from any part of such
plant, and every compound, manufactúrate salts derivative, mixture or preparation of such plant,
its seeds or extracts;
(2) (6aR,10aR)-9-(hydroxymethyl)-6,6dimethyl-3-(2-methyloctan-2-yl)-6a7,. 10. 10atetrahydrobenzo[c]chromen-l-01 some trade or other names: HU-210;
(3) 1-naphthalenyl-(1-pentyl-1H-indol-3-yl)-methanone or other names: JWH-018/spice;
(4) (1-butyI-lH-indol-3-yl)-l-naphthalenyl-methanone or other names: JWH-073;
(5) 1-(3-[trifluoromethylphenyl]) piperazine-some trade or other names: TFMPP;
(6) 4-methoxymethcathione and Ethylcathinone, 3,4-methylenedioxypyrovalerone and related
analogs and CP-47,497 and related homologs (also seen in spice); or
(7) Any similar structural analogs.
(b) If any of the aforementioned substances shall be found in the possession of any person,
unless specifically excluded herein, the substances shall be confiscated and destroyed by law
enforcement officials.
(c) It shall not be an offense under subsection (a) above of this section if a person shall be acting
at the direction of an authorized agent of the city to enforce or ensure compliance with this law
prohibiting the use, possession, purchase, distribution or sale or the attempt to use, possess,
purchase, distribute or sale or publicly display for sale the aforementioned substances.
384
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(d) This section shall not apply to any person who shall commit any act described in this
Ordinance pursuant to the direction or prescription of a duly licensed physician or dentist
authorized to direct or prescribe such act. This section shall not apply to the inhalation of
anesthesia for a medical or dental purpose which inhalation of anesthesia shall be administered
by or under the supervision of a duly licensed physician or dentist.
(e) Any person found to be guilty of violating this section shall be deemed guilty of a
misdemeanor and shall be punished by a fine not to exceed one thousand ($1,000.00) or
imprisoned in the county jail not to exceed six (6) months or both.
(Ord. of 7-29-09)
385
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Gulfport, MS
Part II. Code of Ordinances.
Chapter 7. Offenses and Miscellaneous Provisions.
Article I. In General.
Sec. 7-22. - Use, purchase, possession, distribution, sale or offering for sale of synthetic
cannabinoids or other synthetic products prohibited.
(1)
No person shall use, possess, purchase, distribute, sell or attempt to use, possess,
purchase, distribute or sell or publicly display for sale any one (1) or more of the following
chemicals, either alone or in combination with other legal or illegal substances, within the city
limits of the City of Gulfport, Mississippi:
(a)
1-Pentyl-3-(1-naphthoyl) indole (IUPAC name: Naphthalen-1-yl-(1-pentylindol-3yl)methanone) which is sometimes marketed under the name JWH-018/spice, or other names;
(b)
1-Butyl-3-(1-naphthoyl) indole (IUPAC name: naphthalen-1-yl-(1-butylindol-3-yl)
methanone) which is sometimes marketed under the name JWH-073, or other names;
(c)
1-(3-[trifluromethylphenyl])piperazine (IUPAC name) which is sometimes marketed
under the name TFMPP, or other names;
(d)
4-methoxymethcathione and Ethylcathinone; 3,4- methylenedioxypyrovalerone and
related analogs and CP-47,497 and related homologs (also seen in spice), such as C6, C8, and
C9;
(e)
Or any structural analogs similar to those listed above, including synthetic cannabinoids.
(2)
If any of the aforementioned substances shall be found in the possession of any person,
unless specifically excluded herein, the substances shall be confiscated and destroyed by law
enforcement officials.
(3)
It shall not be an offense under subsection (1) if a person shall be acting at the direction
of an authorized agent of the city to enforce or ensure compliance with this law prohibiting the
use, possession, purchase, distribution or sale or the attempt to use, possess, purchase, distribute
or sell or publicly display for sale the aforementioned substances.
(4)
This section shall not apply to any person who shall commit any act described in this
section pursuant to the direction or prescription of a duly licensed physician or dentist authorized
to direct or prescribe such act. This section shall not apply to the inhalation of anesthesia for a
medical or dental purpose which inhalation or [of] anesthesia shall be administered by or under
the supervision of a duly licensed physician or dentist.
386
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(5)
Any person found to be guilty of violating this section shall be deemed guilty of a
misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or
imprisoned in the county jail not to exceed six (6) months or both.
(Ord. No. 2693, § 2, 8-3-10)
387
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Ocean Springs, MS
Chapter 15. Offenses – Miscellaneous.
Sec. 15-15. - Synthetic cannabanoids or other synthetic chemicals.
(a)
No person shall use, possess, purchase, distribute, sell, display for sale or attempt to use,
possess, purchase, distribute, sell or publicly display for sale any one or more of the following
chemicals, their salts or isomers within the City of Ocean Springs, Mississippi:
(1)
Salviadivinorum or salvinorum A: all or parts of the plant presently classified botanically
as salvia divinorum, whether growing or not, the seeds thereof, an extract from any part of such
plant, and every compound, manufacturate salts derivative, mixture or preparation of such plant,
its seeds or extracts;
(2)
(6aR,1OaR)-9-(hydroxymethyl)-6,6dimethyl-3-(2-methyloctan-2-yl)-6a7, 10. 10atetrahydrobenzo[c]chromen-1-01 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)
1-(3-[trifluoromethylphenyl]) piperazine-some trade or other names: TFMIP;
(6)
4-methoxymethcathione and Ethylcathinone;
(7)
Or any other synthethic cannabinoids.
(b)
No person shall use, possess, purchase, distribute, sell or display for sale or attempt to
use, possess, purchase, distribute, sell or display for sale any one or more of the following
chemicals, their salts or isomers within the City of Ocean Springs County, Mississippi, any
chemical compound with the name Canavalia maritima, Nymphaea caerulea, Scutellaria nana,
Pedicularis densiflora, Leonotis leonurus, Zornia latifolia, Nelumbo nucifera and Leonurus
sibiricus or any synthetic tocopherol.
(c)
This section shall not apply to any person who shall commit any act described in this
section for the purpose of anesthesia for a medical or dental procedure, performed by a person
with a medical license. This section shall not apply to any lawfully prescribed medications.
(d)
Any person found guilty of violating any subsection of this section shall be deemed guilty
of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars
($1,000.00), imprisonment in the county jail not to exceed six (6) months, or both.
(Ord. No. 2010-09, § I, 7-20-10)
388
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Olive Branch, MS
Chapter 34. Offenses and Miscellaneous Provisions.
Article I. In General.
Sec. 34-8. - Prohibiting the purchase, possession and sale etc. of synthetic cannabinoid, known
commonly as "Spice," "k-2," "Fire n Ice" and other synthetic products.
(a)
It is hereby declared to be unlawful for any person to use, possess, purchase, attempt to
purchase, sell, publicly display for sale or attempt to sell or give, any one or more of the
following chemicals within the city limits of the City of Olive Branch, Mississippi:
(1)
Salviadivinorum or salvinorum A: All parts of the plant presently classified botanically as
salvia divinorum, whether growing or not, the seeds thereof, an extract from any part of such
plant, and every compound, manufacturate salts derivative, mixture or preparation of such plant,
its seeds or extracts;
(2)
(6aR,1OaR)-9-(hydroxymethy1)-6, 6dimethy1-3-(2-methyloctan-2-yl)-6a7; 10. 10atetrahydrobenzo[c]chromen-1-01-some trade or other names; HU-210;
(3)
1-Penty1-3-(1-naphthoy1)indole-some trade or other names: JWH-018/spice;
(4)
1-Buty1-3-(1-naphthoyl) indole-some trade or other names: JWH-073;
(5)
1-(3-[trifluoromethylphenyl]) piperazine-some trade or other names: TFMIP;
(6)
4-methoxymethcathione and Ethylcathinone;
(7)
Or any similar structural analogs.
(b)
If any of the aforementioned substances are found in the possession of any person, the
substances may be confiscated and destroyed by law enforcement officials.
(c)
It is not an offense under subsection (a) above of this section if the person was acting at
the direction of an authorized agent of the City of Olive Branch, Mississippi to enforce or ensure
compliance with this law prohibiting the sale of the aforementioned substances.
(d)
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.
389
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(e)
Any person found to be in violation of this section will be guilty of a misdemeanor and
subject to a term of imprisonment not to exceed one year and/or a fine not to exceed $1,000.00,
and
(f)
Pursuant to Miss. Code Ann. § 21-13-11, this section shall take effect immediately upon
adoption, in order to preserve the public peace, health, and safety against the threat posed by the
substances banned herein.
(Ord. of 7-6-10(2), §§ 1—6)
390
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Oxford, MS
Chapter 74. Offenses and Miscellaneous Provisions.
Article I. In General.
Sec. 74-13. - Use, purchase, possession, distribution, sale or offering for sale of synthetic cocaine
or other synthetic products; prohibited.
(a)
No person shall use, possess, purchase, distribute, sell or attempt to use, possess,
purchase, distribute or sale or publicly display for sale any one or more of the following
chemicals within the city:
Products sold as "bath salts" under the trade names: Ivory wave, bliss, white lightning, hurricane
Charlie, super coke, cloud 9, peevee, ocean magic, white dove, and other trade names, and/or
containing one or more of the following compounds or chemicals:
(1)
u3,4-Mehtylene-dioxymethcathinone (Methylone);
(2)
u3,4-Methyenedioxy-pyrovalerone (MDPV);
(3)
u4-Methylmeth-cathinone (Mephedrone);
(4)
u4-Methoxymeth-cathinone;
(5)
u4-Fluorometh-cathinone.
(b)
If any of the aforementioned substances shall be found in the possession of any person,
unless specifically excluded herein, the substances shall be confiscated and destroyed by law
enforcement officials.
(c)
It shall not be an offense under subsection (a) above of this section if a person shall be
acting at the direction of an authorized agent of the city to enforce or ensure compliance with this
law prohibiting the use, possession, purchase, distribution or sale or the attempt to use, possess,
purchase, distribute or sale or publicly display for sale the aforementioned substances.
(d)
This section shall not apply to any person who shall commit any act described in this
section pursuant to the direction or prescription of a duly licensed physician or dentist authorized
to direct or prescribe such act. This section shall not apply to the inhalation of anesthesia for a
medical or dental purpose which inhalation or anesthesia shall be administered by or under the
supervision of a duly licensed physician or dentist.
(e)
Any person found to be guilty of violating this section shall be deemed guilty of a
misdemeanor and shall be punished by a fine not to exceed $1,000.00 or imprisoned in the
391
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
county jail not to exceed six months or both.
(Ord. No. 2011-3, 4-5-2011)
392
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Southaven, Mississippi
Title X. Offenses.
Chapter 1. In General.
Sec. 10-9. Synthetic cannabinoids or other synthetic products.
(a) No person shall use, possess, purchase, distribute, sale or attempt to use, possess, purchase,
distribute or sale or publicly display for sale any one (1) or more of the following chemicals
within the city limits of the City of Southaven, Mississippi:
(1) Salviadivinorum or salvinorum A: All parts of the plant presently classified botanically as
Salvia divinorum, whether growing or not, the seeds thereof an extract from any part of such
plant, and every compound, manufacturate salts derivative, mixture or preparation of such plant,
its seeds or extracts;
(2) (6aR,lOaR)-9-(hydroxymethy1)-6, 6dimethyl-3-(2-methyloctan-2-yl)-6a7, 10. 10atetrahydrobenzo[c]chromen-1-01 some trade or other names: HU-210;
(3) 1-Pentyl-3-(1-naphthoy1) indole-some trade or other names: JWH-018/spice;
(4) 1-Butyl-3-(1-naphthoyl) indole-some trade or other names: JWH-073;
(5) 1-(3-[trifluoromethylphenyl]) piperazine-some trade or other names: TFMIP;
(6) 4-methoxymethcathione and ethylcathinone; or
(7) Any similar structural analogs.
(b) If any of the aforementioned substances shall be found in the possession of any person,
unless specifically excluded herein, the substances shall be confiscated and destroyed by law
enforcement officials.
(c) It shall not be an offense under subsection (a) above, of this section if a person shall be acting
at the direction of an authorized agent of the City of Southaven, Mississippi to enforce or ensure
compliance with this law prohibiting the use, possession, purchase, distribution or sale or the
attempt to use, possess, purchase, distribute or sale or publicly display for sale the
aforementioned substances.
(d) This section shall not apply to any person who shall commit any act described in this section,
pursuant to the direction or prescription of a duly licensed physician or dentist authorized to
direct or prescribe such act. This section shall not apply to the inhalation of anesthesia for a
medical or dental purpose which inhalation of anesthesia shall be administered by or under the
supervision of a duly licensed physician or dentist.
393
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(e) Any person found to be guilty of violating this section shall be deemed guilty of a
misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00), or
imprisoned in the county jail not to exceed six (6) months or both.
(Ord. of 6-15-10)
394
© 2013 Research is current as of October 18, 2013. In order to ensure that the information contained herein is as current as
possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Tupelo, MS
Chapter 19. Offenses and Miscellaneous Provisions.
Article VII. Prohibition of the Use, Purchase, Possession, Distribution, Sale or Offering for Sale
of Synthetic Cannabinoids or Other Synthetic Products.
Sec. 19-131. - Prohibition.
No person shall use, possess, purchase, distribute, sale or attempt to use, possess, purchase,
distribute or sale or publicly display for sale any one or more of the following chemicals within
the city limits of the City of Tupelo, Mississippi:
(1)
Salviadivinorum or salvinorum A: all parts of the plant presently classified botanically as
salvia divinorum, whether growing or not, the seeds thereof an extract from any part of such
plant, and every compound, manufacturate salts derivative, mixture or preparation of such plant,
its seeds or extracts;
(2)
(6aR,1OaR)-9-(hydroxymethy1)-6,6dimethyl-3-(2-methyloctan-2-y1)-6a7, 10. 10atetrahydrobenzo[c]chromen-1-o1 - some trade or other names: HU-210;
(3)
1-Pentyl-3-(1-naphthoy1) indole - some trade or other names: JWH-018/spice;
(4)
1-Butyl-3-(1-naphthoyl) indole - some trade or other names: JWH-073;
(5)
1-(3-[trifluoromethylphenyl]) piperazine - some trade or other names: TFMIP;
(6)
4-methoxymethcathione and Ethylcathinone;
(7)
or any similar structural analogs.
If any of the aforementioned substances shall be found in the possession of any person, unless
specifically excluded herein, the substances shall be confiscated and destroyed by law
enforcement officials.
(Ord. of 7-20-10, § 2)
Sec. 19-132. - Exemption.
It shall not be an offense under section 19-131 above of this article if a person shall be acting at
the direction of an authorized agent of the City of Tupelo, Mississippi, to enforce or ensure
compliance with this law prohibiting the use, possession, purchase, distribution or sale or the
attempt to use, possess, purchase, distribute or sale or publicly display for sale the
aforementioned substances.
395
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
This article shall not apply to any person who shall commit any act described in this article
pursuant to the direction or prescription of a duly licensed physician or dentist authorized to
direct or prescribe such act. This article shall not apply to the inhalation of anesthesia for a
medical or dental purpose, which inhalation of anesthesia shall be administered by or under the
supervision of a duly licensed physician or dentist.
(Ord. of 7-20-10, § 2)
Sec. 19-133. - Penalties.
Any person found to be guilty of violating this article shall be deemed guilty of a misdemeanor
and shall be punished by a fine not to exceed one thousand and 00/100 dollars ($1,000.00) or
imprisonment not exceeding six (6) months, or both.
(Ord. of 7-20-10, § 2)
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396
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
MISSOURI
Butler, MO
Chapter 14 – Miscellaneous Provisions and Offenses.
Article I. In General.
Sec. 14-6. - Possession, sale and offering for sale synthetic cannabinoid known as "Spice" or "K2".
The city council finds and determines that the substances described below are often used as an
alternative to marijuana; that the substances are potentially dangerous to users; that
hospitalizations have been reported in connection with use of the substances; that the long-term
effects are not yet known; that the substances are not yet categorized as illegal[ly] controlled
substances under state or federal law; and that it is proper and necessary for the city council to
exercise authority granted under RSMo § 192.300 to protect the public health.
(1) As used in this section, these terms are defined as follows:
a. Person means a person, any form of corporation, partnership, wholesaler or retailer.
b. Illegal smoking product includes any substance, whether called tobacco, herbs, incense, spice
or any blend thereof, which includes any one or more of the following chemicals:
1. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol);
2. (dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol);
3. 1-Pentyl-3-(1-naphthoyl)indole; or
4. Butly-3-(1-naphthoyl)indole;
Which products are sometimes known as "K2" or "Spice".
(2) It is unlawful for any person to sell, offer to sell or publicly display for sale any illegal
smoking product.
(3) It is unlawful for any person to knowingly possess any illegal smoking product.
(4) Any person violating subsection (2) of this section shall be guilty of a misdemeanor offense
and, upon guilty plea or a finding of guilt, shall be subject to a jail sentence of up to thirty (30)
days and a fine of up to five hundred dollars ($500.00).
397
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
(5) Any person violating subsection (2) of this section a second or subsequent time shall be
guilty of a misdemeanor offense and, upon a guilty plea or a finding of guilt, shall be subject to a
jail sentence of up to ninety (90) days and a fine of up to five thousand dollars ($5,000.00).
(6) Any person violating subsection (3) of this section shall be guilty of a misdemeanor offense
and, upon guilty plea or a finding of guilt, shall be subject to a jail sentence of up to thirty (30)
days and a fine up to five hundred dollars ($500.00).
(7) This section shall be in effect and enforceable immediately upon its enactment by the city
council.
(8) Except as authorized by RSMo 195.005 to 195.425, it is unlawful for any person to possess
or have under his control a controlled substance.
a. Any person who violates this section with respect to any controlled substance except thirtyfive (35) grams or less of marijuana is guilty of a class C felony.
b. Any person who violates this section with respect to not more than thirty-five (35) grams of
marijuana is guilty of a class A misdemeanor.
(Ord. No. 910, 6-1-10)
398
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Cameron, MO
Chapter 8. Offenses – Miscellaneous.
Article I. In General.
Sec. 8-4.4. - Illicit possession, sale and use of bath salts.
a) It is unlawful for any person or corporation knowing, or under circumstances where one
reasonably should know to sell, lend, rent, lease, give, exchange, or otherwise distribute to any
person or corporation any product containing 3.4 Methylenedioxyprovalerone (MDPV)
Methylone, Mephedrone, 4-methoxymethcathinone, 4-Fluoromethcathinone, and 3Fluoromethcathinone or to display for sale or possess with an intent to distribute said products
containing MDPV. These products are commonly sold as bath salts with the trade names
including, but not limited to, White Rush, Cloud 9, Ivory Wave, Ocean, Charge, Plus, White
Lightening, Scarface, Hurricane Charlie, Red Dove, White Dove, or Blue Magic.
b) It is unlawful to use or possess with the intent to use MDPV or otherwise introduce into the
human body any products containing MDPV.
1) Any person violating the terms of the ordinance [Ordinance No. 5652] shall be punished, upon
conviction, with a fine up to five hundred dollars ($500.00) and incarceration of up to thirty (30)
days, with each day of violation constituting a separate offense.
2) Any business found violating the terms of the ordinance shall have their business license
revoked by the City of Cameron.
3) The City of Cameron shall refuse a business license to a person or business selling or offering
for sale these types of bath salts.
(Ord. No. 5652, § 1, 3-7-11)
399
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Crystal City, MO
Chapter 17. Offenses.
Article VI. Offenses Against Public Health and Safety.
Sec. 17-101. - Products containing synthetic cannabinoids.
(a) Definitions:
Person shall mean an individual, corporation, partnership, wholesaler, retailer or any licensed or
unlicensed business.
Illegal smoking product shall mean any substance, whether described as tobacco, herbs, incense,
spice or any blend thereof, regardless of whether the substance is marketed for the purpose of
being smoked, which includes any one (1) or more of the following chemicals:
(1) 2-[1R, 3S)-3 hydroxcyclohexyl]-5-(2-methyloctan-2-yl) phenol (also known as CP47,497)
and homologues;
(2) (6aS, 10aS) -9- (hydroxmethyl) -6,6-dimenthyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a
tetrahydrobenzo [c] chromen-1-ol) (also known as HU-211 or Dexanabinol);
(3) 1-Pentyl-3-(1-naphthoyl) indole (also known as JWH-018); or
(4) Butyl-3-(1-naphtoyl) indole (also known as JWH-073).
(b) Unlawful to sell, offer, gift or display. It shall be unlawful for any person to sell, offer to sell,
gift or publicly display for sale any illegal smoking product.
(c) Possession unlawful. It is unlawful for any person to knowingly possess any illegal smoking
product.
(d) Penalty. Any person violating subsection (b) or (c) of the section shall be guilty of a
misdemeanor and upon a plea of guilty or a finding of guilt, shall be subject to a fine of not more
than one thousand dollars ($1,000.00). A separate offense shall be deemed committed for each
sale, offer to sell, gift, or public display for sale. Any person violating section (b) or (c) a second
or subsequent time shall be guilty of a misdemeanor offense and upon a plea of guilty of a
misdemeanor offense and a upon a plea or guilty or a finding of guilt shall be subject to a
sentence of no less than a fine of five hundred dollars ($500.00).
(Ord. No. 1514, § 1, 5-24-10)
400
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Hannibal, MO
Part II. Code of Ordinances.
Chapter 16. Miscellaneous Provisions and Offenses.
Article IV. Offenses Against Public Morals.
Division 2. Sale, Possession or Consumption of Illegal Substances.
Sec. 16-138. - Definitions.
Mind-altering substances means any substance whether described as tobacco, herbs, incense,
spice, salts, bath salts or any other description or blend thereof, regardless of whether the
substance is marketed for the purpose of being smoked or for human consumption, which if
smoked burned, inhaled or taken orally causes intoxication, euphoria, or any other mind-altering
effect. For purposes of this division, "mind-altering substances" shall not include medication for
which the possessing party holds a valid prescription, or beer, wine, or intoxicating liquor as
defined in chapter 3 of this Code.
Person means an individual, corporation, partnership, wholesaler, retailer or any licensed or
unlicensed business.
(Ord. No. 4568, § 1, 4-5-2011)
Sec. 16-139. - Sale of mind-altering substances.
(a)
It shall be unlawful for any person to knowingly sell, offer to sell, gift, or publicly display
for sale any mind-altering substances.
(b)
If the person was issued a written warning of violation of this section in regard to the
same or substantially similar product within the period of time six months prior to the current
violation, such written warning shall constitute prima facia evidence of knowledge of the nature
of the substance as a mind-altering substance.
(Ord. No. 4568, § 1, 4-5-2011)
Sec. 16-140. - Consumption or possession of mind-altering substances.
It is unlawful for any person to knowingly possess or consume any mind-altering substances.
(Ord. No. 4568, § 1, 4-5-2011)
Sec. 16-141. - Administrative search warrant.
Any Hannibal Police Officer or the city attorney may make application under the provisions of
section 18-5 of this Code for an administrative search warrant in regard to violations of section
16-139.
(Ord. No. 4568, § 1, 4-5-2011)
401
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
St. Clair, MO
Chapter 16. Offenses – Miscellaneous.
Sec. 16-33. Regulating the possession, sale or offering for sale of products containing synthetic
cannabinoids.
(a) Definitions.
Person is an individual, corporation, partnership, wholesaler, retailer or any licensed or
unlicensed business.
Illegal smoking product is any substance, whether described as tobacco, herbs, incense, spice or
any blend thereof, regardless of whether the substance is marketed for the purposes of being
smoked, which includes any one or more of the following chemicals:
(1) 1-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol (also known as CP47,497)
and homologues;
(2) (6aS, 10aS)-9-(hydroxmethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10atetrahydrobenzo [c] chromen-1-o1) (also known as HU-211 or Dexanabinol);
(3) 1-Pentyl-3-(1-naphthoyl)indole (also known as JWH-018); or
(4) Butyl-3-(1-naphthoyl)indole (also known as JWH-073).
(b) Unlawful to sell, offer, gift or display. It shall be unlawful for any person to sell, offer to sell,
gift, or publicly display for sale any illegal smoking product.
(c) Possession unlawful. It is unlawful for any person to knowingly possess any illegal smoking
product.
(d) Penalty. Any personal violating subsection (b) or (c) of this section shall be guilty of a
misdemeanor and upon a plea of guilty or a finding of guilt, shall be subject to a fine of not more
than $500.00 or by detention in the jail of Franklin County for a term not to exceed 90 days, or
by both fine and imprisonment. A separate offense shall be deemed committed for each sale,
offer to sell, gift, or public display for sale.
(Ord. No. 1580, § 1, 4-5-10)
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402
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
NEW MEXICO
Farmington, NM
Chapter 18. Offenses and Miscellaneous Provisions.
Article 5. Offenses Against Public Health and Safety.
Division 1. Generally.
Sec. 18-5-12. - Possession, sale and use of THC-like synthetic cannabinoids.
(a)
Definition. THC-like synthetic cannabinoids are defined as any substance, whether
described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the
substance is marketed for the purpose of being smoked, which includes any one or more of the
following chemicals:
1-pentyl-3-(1-naphthoyl) indole (JWH-018), 1-butyl-3-(1-naphthoyl) indole (JWH-073), 1-[2-(4morpholinyl) ethyl]-3-(1-naphthoyl) indole (JWH-200), 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3hydroxycyclohexyl]-phenol (CP-47,497), and 5-(1,1-dimethyloctyl)-2- [(1R,3S)-3hydroxycyclohexy1]-phenol (cannabicyclohexanol; CP-47, 497 C8 homologue).
(b)
The possession, sale, and use of THC-like synthetic cannabinoids with any of the above
listed chemicals as a compound is prohibited.
(c)
It shall be unlawful for any person to use or possess with intent to use an ingestion device
to inject, ingest, inhale or otherwise introduce a THC-like synthetic cannabinoid into a person's
system. An ingestive device shall be considered drug paraphernalia according to section 18-5-10
of the Farmington City Code.
(d)
Any person who violates this section shall be guilty of a misdemeanor and shall be
punished in the manner provided in section 1-1-10.
(Ord. No. 2011-1237, § 1, 1-11-2011)
403
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Hobbs, NM
CITY OF HOBBS
ORDINANCE NO. 1057
ORDINANCE REGULATING THE DISTRIBUTION AND SALE
OF THC-LIKE SYNTHETIC SUBSTANCES, COMMONLY CALLED SPICE,
AND SUBSTITUTED CATHINONES, COMMONLY CALLED BATH SALTS
BY BUSINESSES OPERATING WITHIN THE CITY
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HOBBS, NEW
MEXICO that Chapter 5.50 is added to the Hobbs Municipal Code, to read as follows:
Chapter 5.50 SYNTHETIC INTOXICANTS
5.50.010 Short Title.
This chapter may be cited as the “Synthetic Intoxicant Ordinance.”
5.50.020 Purpose and Intent.
A. A product commonly referred to as “spice” is sold by local businesses.
Spice typically appears as a packaged dried plant product or leaves, and is sold at gas stations,
liquor stores, convenience stores, smoke shops and other outlets. While Spice sometimes has a
label warning against human consumption, that is its intended use. Businesses that sell Spice
openly solicit the product by claiming that, when smoked, Spice causes a marijuana-like high.
Spice is a green leafy product sprayed with synthetic substances that mimic the effects of
marijuana when smoked. Spice is marketed under numerous brand names.
B. The use of substituted cathinones, commonly called “bath salts”, has significantly increased
throughout the United States and the United States Drug Enforcement Administration (DEA)
used its emergency scheduling authority to temporarily control Mephedrone,
Methylenedioxypyrovalerone (MDPV), Methylone, and other chemical compounds found in
“bath salts” finding that ingestion of these substances can cause serious injury and death.
C. Spice and bath salts are synthetic intoxicants that endanger the health and safety of the public.
While distribution of these products is a violation of both State law and City ordinance, the
available penalties do not appear to adequately deter vendors because the profitability from the
sale of these products may outweigh the risks associated with prosecution. Manufacturers and
vendors of synthetic intoxicants change the names, labeling, or chemical composition of the
products to avoid prosecution. Businesses that distribute synthetic intoxicants create a public
nuisance in the City as defined by State law and City ordinances.
404
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
5.50.030 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
“Bath salts” means the substances defined by NMSA 1978 § 30-31-6 (C)(20)-(25), the addition
of substances by State regulation, including, but not limited to, 16.19.20 NMAC, Section 65 as
amended from time to time, and the substances defined as a synthetic stimulant pursuant to
Hobbs Municipal Code 9.28.010 A.
“Business” means the premises, whether it be a main business location or an outlet, branch or
other location thereof, temporary or otherwise, to which the public is expressly or impliedly
invited for the purpose of transacting business. The term “business” includes the sales persons on
site.
“Business day” means regular business hours Monday through Sunday. The day the business
receives a cease and desist order and notice of violation does not count as a business day. If the
business has irregular hours or the hours are not posted, a business day shall be the next twentyfour hour time period after receipt of a cease and desist order and notice of violation.
“Business operator” means the person or persons on site at the business in actual or apparent
control of the business during business hours.
“Business registration” means the privilege to register to do business and the registration of a
business under Chapter 5.04 of the Hobbs Municipal Code.
“Cease and Desist Order and Notice of Violation” means documentation delivered to the
business operator ordering the business closed for inspection and testing.
“Person” means an individual, proprietorship, partnership, corporation, association, or other legal
entity.
“Police officer” means a sworn member of the Hobbs Police Department, the Lea County
Sheriff’s Office, or the New Mexico State Police.
“Sales person” means any agent or independent contractor of the business employed or engaged
to transact business with the public on the premises.
“Spice” means a synthetic cannabinoid as defined by NMSA 1978, § 30-31-6 (2011), substances
added to the definition of a synthetic cannabinoid by State regulation, including, but not limited
to, 16.19.20 NMAC, Section 65 as amended from time to time, and the substances defined as a
synthetic cannabinoid pursuant to Hobbs Municipal Code 9.28.010 A.
405
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
“Synthetic intoxicant” means bath salts or spice.
“Transfer of ownership or control of a business” means:
1. The sale, lease, or sublease of the business;
2. The transfer of securities that constitute a controlling interest in the business, whether by sale,
exchange, or similar means; or
3. The establishment of a trust, gift, or other similar legal device that transfers the ownership or
control of the business, except for transfer by bequest or other operation of law upon the death of
the person possessing the ownership or control.
5.50.040 Violation.
It is a violation of the Synthetic Intoxicant Ordinance for a business to manufacture, stock, sell,
distribute, dispense, possess, purchase, advertise for sale, publicly display for sale, give, trade,
offer to sell, order, or offer to order a synthetic intoxicant.
5.50.050 Enforcement.
A. If a police officer has probable cause to believe a violation has occurred, the police officer
shall obtain a sample of the substance believed to be a synthetic intoxicant. The sample shall be
tested by methods commonly utilized by law enforcement labs or private labs to determine
whether a substance is a synthetic intoxicant. If the test determines that the substance is a
synthetic intoxicant, the police officer, upon approval of the City of Hobbs Legal Department,
shall issue and deliver a Cease and Desist Order and Notice of Violation upon the business
operator and seize the entire inventory of the synthetic intoxicant from the business. The Cease
and Desist Order and Notice of Violation shall be filed with the City Clerk. When the Cease and
Desist Order and Notice of Violation is delivered to the business, if the police officer has
probable cause to believe that the synthetic intoxicant has been relabeled, repackaged or
incorporated into other substances, those substances shall also be seized and tested. If the test is
negative as to the relabeled, repackaged or incorporated substances, the inventory shall be
returned to the business. The transfer of ownership or control of the business does not avoid the
seizure authorized by this paragraph.
B. Upon receipt of the Cease and Desist Order and Notice of Violation by the business operator,
the business shall immediately allow and not interfere with the seizure of the inventory which is
a synthetic intoxicant or is reasonably believed to be a synthetic intoxicant that has been
relabeled, repackaged or incorporated into other substances. The business shall also close and
cease transacting business for seven business days after the Cease and Desist Order and Notice
of Violation is assessed. During the seven day closure, a police officer, in cooperation with other
agencies if required, shall inspect the premises, find and seize any remaining synthetic
intoxicants or precursor chemicals or materials on site. The transfer of ownership or control of
the business does not avoid the process authorized by this paragraph. No inventory, merchandise,
personal property, chattel property or other property shall be received by or taken off the
406
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
business premises during closure unless authorized by a police officer. Upon expiration of the
mandatory seven day closure, the business shall not be allowed to transact business until the
business owner has reimbursed the City for the costs of testing all samples taken from that
business which were determined through laboratory testing to be synthetic intoxicants.
C. If a Business is assessed a second Cease and Desist Order and Notice of Violation within five
years of a first Cease and Desist Order and Notice of Violation, the Business shall cease
conducting business in the City and will be barred from Business Registration for a period of one
year from the date the second Cease and Desist Order and Notice of Violation is assessed. The
business owner shall also be required to reimburse the City for the costs of testing all samples
taken from that business which were determined through laboratory testing to be synthetic
intoxicants. The transfer of ownership or control of the business does not avoid the operation of
this paragraph.
D. The City of Hobbs shall have the authority to seek an injunction to compel compliance with
the Synthetic Intoxicant Ordinance on grounds that the business is causing irreparable harm to
the community by distributing synthetic intoxicants.
E. Any action taken by the City of Hobbs against any person or business pursuant to the
Synthetic Intoxicant Ordinance shall not prevent the City from also pursuing criminal charges
against that person or business for any violation of Chapter 9.28 of the Hobbs Municipal Code.
5.50.060 Appeal.
A. Upon delivery of a Cease and Desist Order and Notice of Violation, the business has ten days
from the day the Cease and Desist Order and Notice of Violation was delivered to appeal to the
Lea County District Court.
B. A copy of the appeal must also be submitted to the City Clerk within ten days from the day
the Cease and Desist Order and Notice of Violation was delivered.
C. The filing of an appeal will not postpone or delay any actions taken by the City against the
business pursuant to Section 5.50.050 of this ordinance.
D. The failure of a business to file an appeal with the Lea County District Court within 10 days
from the day the Cease and Desist Order and Notice of Violation was delivered constitutes a
waiver of the business’s right to appeal and will be considered an implied agreement by the
business as to all actions taken by the City of Hobbs pursuant to this ordinance.
PASSED, ADOPTED AND APPROVED this 3rd day of December, 2012.
/s/ Sam D. Cobb
SAM D. COBB, Mayor
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
/s/ Jan Fletcher
JAN FLETCHER, City Clerk
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
NEW YORK
Rome, NY
Part II – City Code.
Chapter 42. Offenses.
Sec. 42-8. Synthetic marijuana.
(a) As used in this section, "synthetic drug" means any product, whether described as tobacco,
potpourri, herbs, incense, spice, aromatic, or any combination thereof, and whether marketed for
the purpose of being smoked or otherwise marketed, which includes, but is not limited to, one or
more of the following hallucinogenic substances:
(1) 1-Penty1-3-(1-naphthoyl) indole; some trade or other names: JWH-018; or
(2) 1-Buty1-3-(1-naphthoyl) indole; some trade or other names: JWH-073; or
(3) 1-[2-(4-morpholinyl) ethyl]-3-(1-naphthoyl) indole; some trade or other names: JWH-200; or
(4) 5-(1, 1-dimethyloctyl)-2-[(1R, 3S)-3-hydroxycyclohexyl]-phenol; some trade or other names:
CP-47, 497; or
(5) 5-(1, 1-dimethyloctyl)-2-[(1R, 3S)-3-hydroxycyclohexyl]-phenol; some trade or other names:
cannabicyclohexanol; CP-47, 497 C8 homologue; or
(6) Any other non-prescription substance or compound developed prior to or subsequent to the
adoption of this section that has a chemical structure and/or pharmacological effect substantially
similar to, or which otherwise mimics, the active ingredient of:
a. Marijuana, or tetrahydrocannabinol (THC);
b. Cocaine, opium, heroin or any other controlled substance or any other non-prescribed
medication or substance.
(b) No person shall sell, offer for sale, give away, barter, exchange or otherwise furnish or
provide any synthetic drug in the City of Rome, New York.
(c) No person shall be in the possession of any synthetic drug within the City of Rome, New
York, unless said synthetic drug is expressly prescribed to said person by a physician,
psychiatrist or person otherwise duly licensed and authorized to prescribed medication within the
State of New York and, at the time of the alleged violation, the person in possession of the
synthetic drug is able to provide written proof to the law enforcement officer(s) that the synthetic
drug was so prescribed.
409
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(d) Any person who violates any of the requirements of this section or any regulation
promulgated hereunder shall be subject to the fines and/or penalties set forth in the Rome Code
of Ordinances, section 1-15. With regard to the sale of synthetic drugs, each day that a violation
continues shall constitute a separate and distinct offence to which a separate fine shall apply.
(e) In the event that any provision or aspect of this section is deemed unconstitutional, illegal or
otherwise unenforceable by a court of competent jurisdiction, said provision or aspect shall be
deemed severed from and no longer a part of this section, such that any provision or aspect not
deemed unconstitutional, illegal or otherwise unenforceable shall remain in full force and effect.
(Ord. No. 8723, 4-11-12)
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
OREGON
Ontario, OR
Title 6. Police Regulations.
Chapter 1 – General Offenses.
6-1-31 - Unlawful intoxicating chemical compounds.
A. It shall be unlawful for any person, including a corporation or other entity, to manufacture,
distribute, dispense, ingest, use, possess, purchase, attempt to purchase, sell, publicly display for
sale, attempt to sell, give, trade or barter, any one or more of the following chemical compounds
and/or substances, including their salts, isomers, homologues and salts of their isomers and
homologues:
1. Salvia Divinorum 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. 1-Pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
3. 2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol (also known as CP-47/497), and the
dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP-47/497;
4. 1-Butyl-3-(1-naphthoyl) indole (also known as JWH-073);
5. 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole (also known as JWH-200);
6. 1-Pentyl-3-(2-methoxyphenylacetyl) indole (also known as JWH-250);
7. 1-Hexyl-3-(1-naphthoyl) indole (also known as JWH-019);
8. 1-Pentyl-3-(4-chloro-1-naphthoyl) indole (also known as JWH-398);
9. 1-(3-trifluoromethylphenyl) piperazine (also known as TFMPP);
10. Any similar structural analogs of the above chemical compounds;
11. Any other synthetic cannabinoids; and
12. Any commercial products sold as aromatics or incense under the brand names Spice, Black
Mamba, K2, Puff, Smoke, Skunk, Pandora Potpourri and Sugar Sticks or other brand names, that
411
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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201, Santa Fe, NM 87501.
have been determined by chemical testing laboratories, law enforcement or other governmental
agencies to contain any of the foregoing compounds.
B. The Ontario City Council may by resolution add to or amend the list of unlawful intoxicating
compounds identified in subsection (A).
C. It is not a violation of subsection (A) of this section if the person was acting at the direction of
an authorized agent of the City of Ontario to enforce or ensure compliance with this law
prohibiting the sale of the aforementioned intoxicating chemical compound.
D. If any of the intoxicating chemical compounds prohibited herein are found in the possession
of any person, they may be confiscated and destroyed by law enforcement officials.
E. This section shall not apply to drugs or substances lawfully prescribed or to drugs or
substances which have been approved by the federal Food and Drug Administration or which are
specifically permitted by Oregon law.
F. A violation of subsection (A) is a Class A Violation under City Code Section 1-4-1(A). Each
day on which a violation occurs shall be punishable as a separate violation.
G. The City of Ontario shall have the authority to seek an injunction against any person or
business violating subsection (A). In any action seeking an injunction the City of Ontario shall be
entitled to collect its enforcement expenses, including reasonable attorney fees incurred at trial
and on appeal.
H. If any provision of this Ordinance is held invalid, such invalidity shall not affect the
remaining provisions of this Ordinance which shall remain effective absent the invalid provision,
and to this end, the provisions of this Ordinance are declared to be severable.
(Ord. No. 2651-2010, § 1, 10-4-10)
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
SOUTH CAROLINA
Anderson County, SC
Chapter 42. Law Enforcement.
Article VIII. Synthetic Cannabinoids and Substituted Cathinones Prohibited.
Sec. 42-371. Definitions.
Sec. 42-372. Sale of synthetic cannabinoids or substituted cathinones prohibited.
Sec. 42-373. Possession of synthetic cannabinoids or substituted cathinones prohibited.
Sec. 42-374. Labeling.
Sec. 42-375. Confiscation and destruction of synthetic cannabinoids or substituted cathinones.
Sec. 42-376. Penalty.
Sec. 42-377. Implementation.
Sec. 42-378. Severability and repeal.
Sec. 42-379. Provisions are cumulative.
Sec. 42-371. Definitions.
(a) Substituted cathinones. Any compound, except bupropion or compounds listed under a
different schedule, structurally derived from 2-aminopropan-1-one by substitution at the 1position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is
further modified in any of the following ways:
(1) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl,
hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or
more other univalent substituents;
(2) By substitution at the 3-position with an acyclic alkyl substituent;
(3) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl
groups; or
(4) By inclusion of the 2-amino nitrogen atom in a cyclic structure.
(b) Synthetic cannabinoids. Any of the following cannabinoids, their salts, isomers and salts of
isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of
isomers is possible within the specific chemical designation:
(1) Tetrahydrocannabinols: Meaning tetrahydrocannabinols naturally contained in a plant of the
genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained 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 1 cis- or trans- tetrahydrocannabinol, and their optical isomers Delta 6 cis- or
413
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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trans- tetrahydrocannabinol, and their optical isomers Delta 3, 4 cis- or transtetrahydrocannabinol, 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.)
(2) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole structure with
substitution at the nitrogen atom of the indole ring by an 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 naphthyl ring to any extent.
(3) Naphthylmethylindoles: Any compound containing a 1H-indol-3-yl-(1-naphthyl) methane
structure with substitution at the nitrogen atom of the indole ring by an 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 naphthyl ring to any extent.
(4) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole structure with
substitution at the nitrogen atom of the pyrrole ring by an 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.
(5) Naphthylmethylindenes: Any compound containing a naphthylideneindene structure with
substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or
not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl
ring to any extent.
(6) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole structure with
substitution at the nitrogen atom of the indole ring by an 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, whether or not
substituted in the phenyl ring to any extent.
(7) Cyclohexylphenols: Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure
with substitution at the 5-position of the phenolic ring by an 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.
(8) Benzoylindoles: Any compound containing a 3-(benzoyl)indole structure with substitution at
the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or
414
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
not further substituted in the indole ring to any extent and whether or not substituted in the
phenyl ring to any extent.
(9) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de]-1,4-benzoxazin-6-yl]-1napthalenylmethanone. Some trade or other names: WIN 55, 212-2.
(10) 9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo[c]chromen-l-ol. Some trade or other names: HU-210, HU-211.
(11) Adamantoylindoles: Any compound containing a 3-(1-adamantoyl)indole structure with
substitution at the nitrogen atom of the indole ring by an 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 adamantly ring system to any extent.
(c) Person. Any individual, firm, business, corporation, partnership, group, or other legal entity.
(Ord. No. 2011-035, 11-1-2011)
Sec. 42-372. Sale of synthetic cannabinoids or substituted cathinones prohibited.
(a) It is unlawful for any person to sell, distribute, deliver, trade, barter, or give away any
synthetic cannabinoid or substituted cathinones within Anderson County, South Carolina.
(b) It is unlawful for any person to offer for sale, distribution, delivery, trade or barter any
synthetic cannabinoid or substituted cathinones within Anderson County, South Carolina.
(c) It is unlawful for any person to advertise or display any synthetic cannabinoid or substituted
cathinones within Anderson County, South Carolina.
(d) It is unlawful for any person to claim or represent that a product or substance is a synthetic
cannabinoid or substituted cathinones within Anderson County, South Carolina.
(Ord. No. 2011-035, 11-1-2011)
Sec. 42-373. Possession of synthetic cannabinoids or substituted cathinones prohibited.
It is unlawful for any person to possess any synthetic cannabinoid or substituted cathinones
within Anderson County, South Carolina.
(Ord. No. 2011-035, 11-1-2011)
Sec. 42-374. Labeling.
The fact a synthetic cannabinoid or substituted cathinones is being marketed, sold, distributed,
delivered, traded, bartered, or labeled as "Not for Human Consumption" (or words of similar
415
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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effect), or identified as having a lawful use does not exempt a person from enforcement pursuant
to this article.
(Ord. No. 2011-035, 11-1-2011)
Sec. 42-375. Confiscation and destruction of synthetic cannabinoids or substituted cathinones.
If any synthetic cannabinoid or substituted cathinones are found in the possession of any person
within Anderson County, South Carolina, said synthetic cannabinoid or substituted cathinones
shall be confiscated by law enforcement as evidence of violation of this article. The confiscated
synthetic cannabinoid or substituted cathinones shall be destroyed by law enforcement after an
adjudication of guilt. Synthetic cannabinoid or substituted cathinones with labels or instructions
indicating they are not intended for ingestion or consumption (i.e., "Not for Human
Consumption" or words of similar effect) or identifying a lawful use are not exempt from
confiscation and destruction.
(Ord. No. 2011-035, 11-1-2011)
Sec. 42-376. Penalty.
A violation of this article shall be deemed an infraction punishable by a fine of $500.00 as
provided in section 1-7 of the Code of Ordinances for Anderson County, South Carolina. Each
day of a continuing violation of this article shall be considered a separate and distinct infraction.
Violation of this article is hereby further declared to be a public nuisance which may be abated
by Anderson County by way of restraining order, preliminary and permanent injunction, or any
other means permitted by law and the county may take action to recover the cost of any nuisance
abatement action taken hereunder.
(Ord. No. 2011-035, 11-1-2011)
Sec. 42-377. Implementation.
This article becomes effective upon passage by Anderson County Council and applies to
violations committed after that date.
(Ord. No. 2011-035, 11-1-2011)
Sec. 42-378. Severability and repeal.
If any portion of this section is, for any reason, held to be unconstitutional, such decision shall
not affect the validity of the remaining portions of this section. In the event any chemical
compound addressed by this article subsequently deemed a controlled substance for purposes of
the criminal laws of the State of South Carolina or the United States, this article shall be deemed
automatically repealed with respect to said compound(s).
(Ord. No. 2011-035, 11-1-2011)
416
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
contact Heather Gray at (703) 836-6100, ext. 114 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Sec. 42-379. Provisions are cumulative.
Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any
department of Anderson County to enforce any provisions of its charter or its ordinances or
regulations, or to prevent or punish violations thereof and the powers conferred by this article
shall be in addition and supplemental to the powers conferred by any other law.
(Ord. No. 2011-035, 11-1-2011)
417
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possible, research is conducted using both nationwide legal database software and individual state legislative websites. Please
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opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS. 215 Lincoln Ave. Suite
201, Santa Fe, NM 87501.
Chester County, SC
Chapter 38. Offenses and Miscellaneous Provisions.
Article I. In General.
Sec. 38-4. - Prohibiting the advertising, possessing, purchasing, selling or using of synthetic
cathinones and synthetic cannabinoids.
(a) Findings. Pursuant to the Act, and as a result of these incidents, Chester County Council
("County Council") finds that these incidents of use affects life, health, safety and property of the
county's people requiring the county council to enact an ordinance prohibiting the advertising,
possessing, purchasing, selling or using of Synthetic Cathinones and Synthetic Cannabinoids,
each of which affects life, health, safety and property of the county's citizens requiring the
county council to enact an ordinance prohibiting the advertising, possessing, purchasing, selling
or using of Synthetic Cathinones and Synthetic Cannabinoids.
(b) Definitions. As used in this section, each of the following terms has the meaning ascribed
below:
Synthetic Cathinones means a material, excluding bupropion, structurally derived from 2-amino1-phenyl-1-propanone by modification in any of the following ways:
(1) By substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl
or halide substituents, whether or not further substituted in the phenyl ring by one or more other
univalent substituents;
(2) By substitution at the 3-position with an alkyl substituent;
(3) By substitution at the nitrogen atom with alkyl or dialkyl groups, benzyl or methoxybenzyl
groups; or
(4) By inclusion of the nitrogen atom in a cyclic structure.
Synthetic Cathinones may also be known but not limited to, for example, as Ivory Wave, Vanilla
Sky, Mephedrone, Methedrone, Methylenedioxypyrovalerone, MDPV, Flephedrone, Butylone,
KS, Drone, White Girl Bath Powder, Lady Zest, Loco-Motion, Eight Ballz, Zoom 2, Molly's
Plant Food, Zany Plant Food.
Synthetic Cannabinoids means a material that is not listed as a controlled substance in Schedule I
through V, is not an FDA-approved drug, and contains any quantity of the substances listed in
sub items (1)-(10), below, including but not limited to their salts, isomers (whether optical,
positional, or geometric), homologues, and salts of isomers and homologues, unless specifically
excepted, whenever the existence of these salts, isomers, homologues, and salts of isomers and
homologues is possible in the specific chemical designation:
418
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201, Santa Fe, NM 87501.
(1) Naphthoylindoles: any compound containing a 3-(1-naphthoyl)indole structure with
substitution at the nitrogen atom of the indole ring by an 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 naphthyl ring to any extent. Including but not limited to JWH-015, JWH-018,
JWH-019, JWH-073, JWH-081, JWH-122, JWH-200, JWH-210, JWH-398, AM-2201, WIN 55212;
(2) Naphthylmethylindoles: any compound containing a 1H-indol-3-yl-(1-naphthyl) methane
structure with substitution at the nitrogen atom of the indole ring by an 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 naphthyl ring to any extent. Including but not limited to JWH-175, JWH-184;
(3) Naphthoylpyrroles: any compound containing a 3-(1-naphthoyl)pyrrole structure with
substitution at the nitrogen atom of the pyrrole ring by an 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 and whether or not
substituted in the naphthyl ring to any extent. Including but not limited to JWH-307;
(4) Naphthymethylindenes: any compound containing a naphthylideneindene structure with
substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or
not further substituted in the indene ring to any extent and whether or not substituted in the
naphthyl ring to any extent. Including but not limited to JWH-176;
(5) Phenylacetylindoles: any compound containing a 3-phenylacetylindole structure with
substitution at the nitrogen atom of the indole ring by an 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. Including but not limited to SR-18, RCS-8, JWH203, JWH-250, JWH-251;
(6) Cyclohexylphenols: any compound containing a 2-(3-hydroxycyclohexyl)phenol structure
with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-