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Title XIII: General Offences

TITLE XIII: GENERAL OFFENSES

Chapter

130. GENERAL OFFENSES

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2 Jackson County - General Offenses

CHAPTER 130: GENERAL OFFENSES

Section

130.01 Synthetic cannabinoid prohibited

130.99 Penalty

§ 130.01 SYNTHETIC CANNABINOID PROHIBITED.

(A) It is unlawful for any person to possess, sell, market, or offer for sale within the county products containing synthetic cannabinoids such as K2 or 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, 10a-tra-hydrobenzo[c]chromen-1-ol, also known as HU-210;

(2) 1-pentyl-3-(1-nphthoyl) indole, also known as JWH-018;

(3) 1-Butyl-3-(1-naphthoyl) indole, also known as JWH-073;

(4) All parts of the plant not presently classified botanically as Salvia divinoruin, 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 known as 2-[(1R,3S)-3-hydroxychclohexyl]-5-(2-methylnonan-2-yl) phenol; or

(7) Any other relevant compound or derivative (“products”).

(B) 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 county the products or any other product containing synthetic cannabinoids.

(C) It is unlawful for any person, entity, or business/retail establishment to possess, sell, publicly display for sale, or attempt to sell, give, or barter the products or any other synthetic marijuana or synthetic equivalents of substances contained in the plant cannabis or in the resinous extractives of cannabis or synthetic substances, derivatives, and 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 numerical designation of atomic positions, are similarly prohibited.

(D) Any law enforcement officer shall be the enforcement agent with regard to this section.

(E) If any of the aforementioned substances or products are found in the possession of any person or entity, they may be confiscated and destroyed by any law enforcement officer as provided by law, and any aforementioned substance(s) or product(s) reasonably suspected to be described herein may be photographed as evidence pending adjudication of the alleged violation.

(Ord. 2010-17, passed - -10)

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2 Jackson County - General Offenses

§ 130.99 PENALTY.

(A) Any person, firm, or corporation who violates any provision of this title for which another penalty is not specifically provided shall, upon conviction, be subject to the penalty set forth in § 10.99.

(B) (1) Persons violating the provisions of § 130.01 shall be subject to a civil fine of not less than $250 and not more than $1,000, plus court costs. Each day of the existence of any violation of § 130.01 shall be considered a separate offense.

(2) Entities, including businesses and retail establishments, violating the provisions of § 130.01 shall be subject to a civil fine of not less than $500 and not more than $2,500, plus court costs. Each day of the existence of any violation of § 130.01 shall be considered a separate offense.

(Ord. 2010-17, passed - -10)

2011 S-1