ORDINANCE NO. 2010-09

AN ORDINANCE PROHIBITING THE PURCHASE, POSSESSION, SALE AND OFFERING FOR SALE OF SUBSTANCES CONTAINING SYNTHETIC CANNABINOID, SOMETIMES KNOWN AS “SPICE” OR “K2” AND PROVIDING PENALTIES VIOLATIONS

WHEREAS, The Town Council of the Town of Porter has been made aware that substances containing synthetic cannabinoids, which include substances containing one or more of the following chemical compounds:

(1) 2[(1R,3S)-3-hydroxycyclohexy1]-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}

("Products") have been marketed, sold, and offered for sale to the residents of the Town of Porter, including minors; and

WHEREAS, the citizens of the Town of Porter and various elected and law enforcement officials have noted an increased use of such Products, currently marketed and sold under the name of K2, Spice and other names; and

WHEREAS, Indiana law provides that a Town Council may enact ordinances to promote and protect the safety, health and welfare of its citizenry; and

WHEREAS, the Products containing synthetic cannabinoids have not been tested by the Food And Drug Administration (U.S. Department of Agriculture) or other governmental agency for human consumption and may contain chemicals detrimental to the health and welfare of those who may ingest them; and

WHEREAS, medical studies and treatises note deleterious health risks and adverse effects associated with synthetic cannabinoids and the Products; and

WHEREAS, several states and municipalities throughout the Unites States have banned the Products and synthetic cannabinoids as a danger to public health and welfare; and

WHEREAS, the smoke emanating from the burning or incineration of the Products may cause adverse effects on bystanders or those in the vicinity of such activity; and

WHEREAS, the Town Council of the Town of Porter believes it is in the best interests of its citizens to prohibit the sale, marketing, or offering for sale of the Products within the Town of Porter, to protect the health, safety and welfare of the citizens and children of the Town of Porter.

NOW, THEREFORE, BE IT ORDAINED, by the Town of Porter, as follows:

(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-hydroxycyclohexy1]-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 ordinance prohibiting the aforementioned substance.

(E) This Ordinance does not apply to any individual or business who commits any act described in this Ordinance pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. This Ordinance 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 section (A) shall be considered to have violated this Ordinance and will be subject to a civil fine of $2,500.00. Any individual or business found purchasing or possessing any substance listed in section (A) shall be considered to have violated this Ordinance and will be subject to a civil fine of $1,000.00. Any person or entity found in violation of this Ordinance shall be responsible for payment of reasonable costs and attorneys fees associated with the enforcement of this Ordinance.

(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 Ordinance by any business which refuses or fails to comply with this Ordinance.

(H) This Ordinance 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 Ordinance 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 Ordinance by reference to a state statute shall have the same meaning whenever used in this Ordinance 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 ordinance 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 ordinance. To this end the provisions of this ordinance are severable.

(K) This Ordinance shall be in full force and effect upon adoption and compliance with

Indiana Code §36-2-4-8.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PORTER, INDIANA, THAT:

The proposed Ordinance, as recommended, is approved.

Introduced to the Town Council of the Town of Porter, Indiana, on the 12th day of October, 2010.

Passed through first reading by the Town Council on the 12th day of October, 2010, by a vote of 5 in favor and 0 against.

Duly passed and adopted on second and final reading this 12th day of October, 2010, by a vote of 5 in favor and 0 against.

PORTER TOWN COUNCIL

(October 15, 2010)