§ 38-5. Prohibiting the purchase, possession, sale and offering for sale of substances containing 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 or more of the following products containing synthetic cannabinoids ("products") within the boundaries of the Town of Porter which contain one or more of the following chemical compounds:

(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-napthoyl) indole or JWH-073}.

(5) Any other equivalent compound or derivative.

(b) Products may not be burned, incinerated or ignited in any public place or on any property owned, leased or controlled by the Town of Porter, Indiana.

(c) 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.

(d) 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 section prohibiting the aforementioned substance.

(e) 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.

(f) Any individual or business found to be selling, publicly display for sale or attempting to sell, give, or barter any substance listed in subsection (a) shall be considered to have violated this section and will be subject to a civil fine of $2,500.00. Any individual or business found purchasing or possessing any substance listed in subsection (a) shall be considered to have violated this section and will be subject to a civil fine of $1,000.00. Any person or entity found in violation of this section shall be responsible for payment of reasonable costs and attorneys fees associated with the enforcement of this section.

(g) The town attorney, with the approval of the town council, 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 or fails to comply with this section.

(h) This section shall remain in effect until such time as a section of the Indiana Code addressing these or similar substances becomes effective at which time this section shall automatically be revoked. All violations occurring prior to the date of revocation shall be subject to the penalties herein regardless whether legal proceedings related thereto have been filed or concluded prior to the date of revocation.

(i) Any term defined in this section by reference to a state statute shall have the same meaning whenever used in this section unless clearly inapplicable by the context in which it is used. Any reference to a state statute shall mean the statute as amended from time to time, or any similar statutory provision that may supersede it relating to the same or similar subject matter.

(j) Should any section, paragraph, sentence, clause or any other portion of this section be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall not be effected, if and only if, such remaining provisions can, without the invalid provision or provisions, be given the effect intended by the council in adopting this section. To this end the provisions of this section are severable.

(k) This section shall be in full force and effect upon adoption and compliance with I.C. § 36-2-4-8.

(Ord. No. 2010-09, 10-12-2010)