§ 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,7,10,10a-tetrahydrobenzo [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.

(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)