Chapter 8 SUBSTANCES PROHIBITED
Sec. 8-1. Possession, distribution and display of certain substances.
It has been reported by various agencies that synthetic cannabinoids, synthetic cathinones and synthetic hallucinogens have been linked to serious physical effects resulting in hospitalization and death when ingested, inhaled or otherwise consumed. These synthetic cannabinoids, synthetic cathinones and synthetic hallucinogens pose health, safety, and welfare issues to the residents of the Town of Tiverton.
(Ord. of 2013(1))
As used in this chapter, the following terms shall have the meaning ascribed to them below:
Cannabimimetic agents means unless specifically exempted by law, any material, compound, mixture or preparation which contains any quantity of cannabimimetic agents, their salts, isomers, and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation. As used in this chapter, cannabimimetic agents mean:
(1) Any substance that is a cannabinoid receptor type 1 (CB 1 receptor) as demonstrated by binding studies and functional assays within the following structural classes:
a. 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the penolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent;
b. 3-(10naphthoyl)indole or 3-(1-naphthyl)indole by substitution at the nitrogren atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or napthyl ring to any extent;
c. 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the indole ring to any extent, whether or not further substituted on the naphthoyl ring to any extent;
d. 1-(1-napththylmethyl)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent; or
e. 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.
(2) Any substance which includes any one or more of the following chemicals:
a. CP 47, 497; 5-(1,1-dimethylheptyl1)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
b. Cannabicyclohexanol; 5-(1,1-dimethylheptyl1)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
c. JWH-015; (2methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone;
d. JWH-018; 1-pentyl-3-(1-naphthoyl)indole;
e. JWH-019; 1-hexyl-3-(1-naphthoyl)indole;
f. JWH-073; 1-butyl-3-(1-naphthoyl)indole;
g. JWH-081; 1-pentyl-3-(1-4 methoxynaphthoyl)indole;
h. JWH-122; 1-pentyl-3-(4-methyl-1-naphthoyl)indole;
i. JWH-200; 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole;
j. JWH-203; 1-pentyl-3-(2-chlorophenylacetyl)indole;
k. JWH-250; 1-pentyl-3-(2-methoxyphenylacetyl)indole;
l. JWH-398; 1-pentyl-3-(4-chloro-1-naphthoyl)indole;
m. AM2201; 1-(5-fluoropentyl)-3-(1-naphthoyl)indole;
n. AM694; 1-5-fluoropentyl)-3-(2-iodobenzoyl)indole;
o. SR-19 and RCS-4; 1-pentyl-3-(4-methoxy-benzoyl)indole; and
p. SR-18 and RCS-8; 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole.
(3) Any substance which includes any one or more of the following chemicals:
a. 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
b. 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);
c. 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
d. 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
e. 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);
f. 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);
g. 2-(2,5 Dimethoxyphenyl)ethanamine (2C-H);
h. 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N); and
i. 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
Illegal chemical product means any substance which includes and one or more of the following chemicals:
(1) 3,4-methylenedioxymethcathinone, MDMC;
(2) Medphradone (4-methylmethcathinone);
(3) 4-methylmethcathinone, 4-MMC;
(4) 4- methoxymethcathinone, bk-PMMA, PMMC;
(5) 3,4- fluoromethcathinone, FMC;
(6) Napthylpyrovalerone, NRG-1;
(7) Beta-keto-N-methylbenzodioxolylpropylamine;
(8) 2-(methylamino)-propiophenone; OR aplpha-(methylamino)propiophenone;
(9) 3-methoxymethcathinone;
(10) 2-(methylamino)-1-phenylpropan-1-one;
(11) 4-ethylmethcathinone;
(12) 3,4-dimethylmethcathinone;
(13) Alpha-Pyrrolidinopentiophenone;
(14) Beta-Keto-Ethylbenzodioxolybutanamine;
(15) 3,4-methylenedioxy-N-ethylcathinone;
(16) 4-methyl-alpha-pyrrolidinobutyrophenone;
(17) Methlenedioxypyrovalerone or [(MDPV) (1-(1,3-Benzodioxol-5-ul)-2-(1-pyrroldinyl)-1-pentanone]; and
(18) MDAI; 5,6-methylenedioxy-2-aminoinadame.
Person means an individual, corporation, partnership, wholesaler, retailer, or any licensed or unlicensed business.
(Ord. of 2013(1))
Sec. 8-3. Prohibition and scope.
(a) No person shall sell, offer to sell, gift, or publicly display for sale any cannabimimetic agent, illegal chemical product, or like products that shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual, or mental processes, that is similar to a controlled substance or imitation controlled substance.
(b) This chapter shall apply whether the canabimimetic agents or illegal chemical products, as herein defined, are displayed as tobacco, herbs, incense, spice, bath salts, plant food or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked or ingested.
(Ord. of 2013(1))
Sec. 8-4. Enforcement and penalties.
(a) This chapter shall be enforced by the Tiverton Police Department through any lawful means in law or in equity including, but not limited to, prosecution of a misdemeanor.
(b) Any person who violates this section shall be guilty of a crime, and upon conviction, may be imprisoned for a term of no more than one year and/or a fine of up to $500.00.
(c) Any person who violates this section shall also be subject to revocation of any municipal licenses and permits including, but not limited to, sales licenses.
(Ord. of 2013(1))