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Home My WebLink AboutD-2022-10 Sale/Transfer K2/Spice ProhibitedORDINANCE D- 2022 -10 This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney. 1lissvrapps1lUser Data Other Depts1CT11rinelLFine D Drive \Files \Ord inances1201010 2022- 10.doc11116/2010 11:31 AM SPONSOR(S): Councilor(s) Carter, Accetturo, Griffiths, Rider, Snyder and Seidensticker AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 6, ARTICLE 5, DIVISION VIII TO ADD SECTION 6 -162 TO THE CARMEL CITY CODE WHEREAS, I.C. 36 -8 -2 -4 authorizes the City of Carmel, Indiana "City to regulate conduct that may endanger the health, safety and welfare of its citizens; and WHEREAS, the Mayor and Common Council have been made aware that substances containing synthetic cannabinoids are, or have been, sold or otherwise transferred to residents of the City, including minors, under names such as "K2" and "Spice and WHEREAS, products containing synthetic cannabinoids have not been tested by the U. S. Food and Drug Administration or other governmental regulatory agency for human consumption and may contain chemicals detrimental to the health and welfare of those who ingest them; and WHEREAS, recent medical studies note delirious health risks and adverse effects associated with the use of synthetic cannabinoids and products that contain them; and WHEREAS, many states and municipalities throughout the United States have banned K2, Spice and other synthetic cannabinoids as a danger to public health and welfare; and WHEREAS, the smoke emanating from the burning of synthetic cannabinoids may cause adverse secondary effects on those in the vicinity of such activity; and WHEREAS, it has been determined that it is in the best interest of the City to prohibit the sale or other transfer of synthetic cannabinoids within the corporate limits of the City of Carmel, so as to protect the health, safety and welfare of its citizens and visitors. Page One of Four NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: SPONSOR(S): Councilor Carter Page Two of Four Section 1: The foregoing Recitals are incorporated herein by this reference. Section 2: Section 6 -162 should be and the same is hereby added to Chapter 6, Article 5, Division VIII of the Carmel City Code and shall read as follows: 6 -162 Sale or Other Transfer of Synthetic Cannabinoids Prohibited. A. Definitions. (i) "Person" is any human being, business, corporation, or entity. (ii) "Synthetic Equivalent" includes any of the following chemicals or compounds: a).Cannabicyclohexanol, also known as 2 -[(1 R,3s)-3-hydroxycyclohexy]-5-(2- methyloctan -2- yl)phenol; or, b). (6aR,10aR) -9 hydroxymethyl)- 6- dimethyl -3 -(2- methyloctan- 2- yl) -6a, 7, 10, 10a- tetrahydrobenzo chromen -1 -ol, also known as HU -210; or, c). Naphthalen- 1- y1-(1- pentylindol- 3- yl)methanone, also known as 1 Pentyl- 3- (1- naphthoyl)indole or JWH -018; or, d). Naphthalen- 1- y1- (1- butylindol- 3- yl)methanone, also known as 1 Butyl -3 -(1- naphthoyl)indole or JWH- 073; or, e). TFMMP, also known as 1-( 3-[ trifuoromethlypeny])piperazine; or, f). JWH -250, also known as 2-( 2- methoxphenyl)- 1(1- pentylindol- 3- yl)ethanone; or, g). Any part of or extract from the plant classified botanically as Salvia Divinorum, and any compound, salts derivative, mixture or preparation of such plant, its seeds or extracts; or h). Any other equivalent compound or derivative. (iii) "Synthetic Marijuana" includes any herb or incense marketed under the name 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, and that contains a Synthetic Equivalent. This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney. Z:IE BasslMy Documents \ORDINANCES1AmendCode12010\ADC Sec 6 -162 SPICE K2 (2). doci 111 5/2010 4:18 PM SPONSOR(S): Councilor Carter B. Sale or Transfer of Synthetic Cannabinoids Prohibited. It is hereby declared to be unlawful within the corporate limits of the City of Carmel, Indiana, for any Person to sell, barter, give away or otherwise transfer to another Synthetic Marijuana or any Synthetic Equivalent of the substances contained in the plant Cannabis, or in the resinous extractives of Cannabis and/or any synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity. Since the nomenclature of these substances is not internationally standardized, the sale or other transfer to another of compounds of these structures, regardless of numerical designation of atomic positions, is similarly declared to be unlawful. C. Penalties. The first violation of this Section shall be punishable by a fine of $100.00.The second and all subsequent violations of this Section by the same person or entity shall be punishable by a fine of $1,000 for each such violation." Section 3. All other current provisions of City Code Chapter 6, Article 5, Division VII shall remain in full force and effect and are not affected by this Ordinance. Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 6. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as is required by law. This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney. Z:\E Bass\My Documents \ORDINANCESVsmendCode120101ADD Sec 0-162 SPICE K2 (2)- doc1 1/15/2010 4:18 PM r PASSED by the Common Council of the City of Carmel, Indiana, this Ie of i y eO&, 2010, by a vote of 7 ayes and p nays. Pre Richard L. Sharp,7resi s:a ro Tempore R ald E. Carter ATTEST ATTEST: Diana L. Accetturo Diana L. Cordray, IAMC, Clerk- Treasut r Ordinance D- 2022 -10 Page Four of Four COMMON COUNCIL FOR THE CITY OF CARME ordray, IAMC, Clerk -Tre carer This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney. Z\E Sass \My Documents\ORDINANCESmendCode\2O10\ADD Sec 6-162 SPICE K2 (2).doc1 51201 0 4:18 PM Kevin Rider Approved by me, Mayor of the City of Cannel, Indiana, this 15 day of 2010, at 7 .JO .M. SPONSOR(S): Councilor Carter Presented by me to the Mayor of the City of Carmel, 1 na this J da of 2010, at 7:10 PM. Diana L. Cordray, IAMC, CI Treasurer Q- 0-errk4rek. es Brainar., Mayor