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File / Associated Press
K2 is among the kinds sold.

Verbatim: Allen County bans sale of synthetic cannabis K2, Spice

Statement issued Friday

“Urgent necessity” provision allows for immediate enactment

(September 3, 2010) – The Allen County Board of Commissioners today unanimously approved an ordinance prohibiting the sale of synthetic cannabis substances such as “K2” and “Spice” within Allen County. The ordinance also contains an “urgent necessity” clause which allows it to go into effect immediately once it is signed by the Commissioners and posted as outlined in state statutes.

The ordinance states that the substances are “potentially dangerous to users” and that “the long term effects are not yet known.” It goes on to state that the Board of Commissioners “believes it is in the best interest of the citizens to prohibit the sale, marketing, and offering for sale these substances in Allen County to promote an increasingly safe, healthy, and well-informed community.”

Any business found to be in violation of the ordinance will be subject to a civil fine of up to $2,500 for each instance. The fines will be placed into the K2 Administration Fund for the purpose of covering costs associated with enforcing the ordinance. Any law enforcement agency with jurisdiction in all or part of Allen County may enforce the ordinance.

The ordinance

AN ORDINANCE PROHIBITING SALE AND OFFERING FOR SALE THE SYNTHETIC CANNABINOIDS IN THE COUNTY OF ALLEN

WHEREAS, the Board of Commissioners of the County of Allen have been made aware that substances containing synthetic cannabinoids have been marketed, sold, and offered for to the residents of Allen County, including minors; and

WHEREAS, the substances, which are more specifically described below, and sold under the name of K-2 and Spice, are potentially dangerous to users and further, the long term effects are not yet known; and,

WHEREAS, the products containing synthetic cannabis have not yet been tested by the Food and Drug Administration (U.S. Department of Agriculture) for human consumption and may contain chemicals detrimental to the health and welfare of those who ingest them; and

WHEREAS, the substances are not yet categorized controlled substances under State or Federal law,

WHEREAS, several states and local units throughout the United States, including Allen County’s border state of Ohio, have banned the products,

WHEREAS, the Board of Commissioners of the County of Allen, Indiana, believe it is in the best interest of the citizens to prohibit the sale, marketing, and offering to sale these substances in Allen County, Indiana, to promote an increasingly safe, healthy, and well-informed community,

WHEREAS, the Board of Commissioners of the County of Allen, Indiana, proclaim an urgent necessity,

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN, INDIANA:

9/3/2010

That TITLE 1 of the Allen County Code of Ordinances: “GENERAL PROVISION”

SHALL BE AMENDED to add ARTICLE 23 as follows:

1-23-1 CHAPTER 1: DEFINITIONS

1-23-1-1 “Policing Agency” is any law enforcement agency with jurisdiction in all or part of Allen County, Indiana, including, but not limited to, the Allen County Sheriff’s Department, the City of Fort Wayne Police Department,

the City of New Haven Police Department, IPFW University Police, Fort Wayne Airport Authority Public Safety Department, and the Indiana State Police.

1-23-1-2 “Retail Establishment” is any person or business, corporation, or entity with a retail merchant’s license

1-23-1-3 “Synthetic Equivalents” includes any of the following chemicals:

1-23-1-3.1 2-<(1R,3s)-3-hydroxycyclohexy>-5-(2-methyloctan-2-yl) phenol

1-23-1-3.2 (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo chromen-1-ol {also known as HU-210}

1-23-1-3.3 Naphthalen-1-yl-(1-pentylindol-3-yl) methanone {also known as 1 Pentyl-3-(1-naphthoyl) indole or JWH-018}

1-23-1-3.4 Naphthalen-1-yl-(1-butylindol-3-yl) methanone {also known as 1 Butyl-3-(1-naphthoyl) indole or JWH 073}

1-23-1-4 “Synthetic Marijuana” includes any herb or incense marketed under the names K2 or Spice, regardless of the flavor.

1-23-2 CHAPTER 2: SYNTHETIC CANNABINOID ORDINANCE

It is hereby declared to be unlawful within the County of Allen, Indiana, for any retail establishment to sell, to publicly display for sale, or attempt to sell, give, or barter synthetic marijuana or any synthetic equivalents of the substances contained in the plant Cannabis, or in the resinous extractives of Cannabis and/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.

Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are similarly prohibited.

1-23-3 CHAPTER 3: ENFORCEMENT

1-23-3-1 This Article may be enforced by any policing agency. Any synthetic substance reasonably suspected to be described by chapter one may be photographed as evidence pending adjudication of the alleged violation.

1-23-3-2 The policing agency shall report the violation to the county attorney who shall take appropriate action to enforce the ordinance.

1-23-4 CHAPTER 4: FINES

1-23-4-1 Any business found to be in violation of this Section will be subject to a civil fine of not more than $2,500.00. Each day of the existence of any violation of this Ordinance shall be considered to be a separate offense.

1-23-4-2 The fines shall be placed into the K2 Administration Fund for the purpose of providing for costs associated with the enforcement of the ordinance, including attorney’s fees.

1-23-5 CHAPTER 5: EFFECTIVE DATE.

This Ordinance shall be passed with urgent necessity, as outlined in I.C. 36-2-4-8, and therefore, shall be effective immediately upon passage and posting by the Board of Commissioners of the County of Allen.

So Passed and Ordained this ____ day of _____________, 2010.

9/3/2010

BOARD OF COMMISSIONERS

OF THE COUNTY OF ALLEN

Linda K. Bloom, Commissioner

Wm. E. Brown, Commissioner

F. Nelson Peters, Commissioner

ATTEST:

Lisbeth A. Blosser

Allen County Auditor

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