2010-472REVISED ORDINANCE NO. 2010 - 472
An ordinance creating Chapter 9.56 of the Code of General Ordinances of the City of Janesville
Prohibiting the possession, sale, and use of "synthetic cannabinoids ", with penalties of $100 - $500
for adults and $75 for children for each violation, together with costs, fees, and assessments as
allowed and /or mandated by law.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 9.56 of the Code of General Ordinances of the City of Janesville is hereby
created to read as follows:
,, Chapter 9.56
Possession, Sale, and Use of Synthetic Cannabinoid Substances
Sections: Prohibited
9.56.010 Introduction — Purpose — Definitions — Findings
9.56.020 Prohibitions
9.56.030 Medical or Dental Use Allowed
9.56.040 Violations -- Penalties
9.56.010 Introduction — Pur ose — Definitions -- Findings A. The Janesville Police
Chief and Common Council have determined that herbal preparations powdered or sprayed with a
chemical synthetic cannabinoid are available for sale within the City of Janesville that claim to
produce intoxicating effects similar to THC or marijuana. THC is the psychoactive ingredient in
marijuana
B. While synthetic cannabinoids and synthetic cannabinoid substances are not yet categorized
as illegal controlled substances under Wisconsin or federal law, several other countries, states,
counties, and municipalities have already taken action to prohibit these substances due to increased
overdoses and other negative health effects and concerns.
C. This Chapter incorporates by reference as if fully set forth herein verbatim the factual
findings of the countries, states, counties, and municipalities that have made investigated,
documented, and /or made independent findings and conclusions concerning the increased
overdoses and /or other negative health effects and concerns arising from and /or pertaining to the
use of synthetic cannabinoids and /or synthetic cannabinoid substances.
D. While these synthetic cannabinoids and synthetic cannabinoid substances are often
marketed as benign and legal alternatives to marijuana, they are potentially dangerous to users
as the substances can create potency from 3 up to 100 times greater than marijuana, produce
severe adverse health conditions such as, but not limited to, hallucinations, paranoia, seizures,
and vomiting based upon reported emergency room experiences in areas the country where
use is more prevalent, and further that long term health effects of use of th
not yet known. ese substances are
E. Such substances, also known as "fake marijuana" and "fake pot", are being sold at
shops, mostly in the Midwest, under the common names "K2" and "Spice." The states of Kansas
and Missouri, and the country of Ireland, Princeton, MN; North Logan, Utah; Poplarville, MS;
Wood River, IL; Allen County, IN; Milton, WI; Eau Claire, WI; La Crosse, WI; to name a few,
have each adopted legislation to ban the substance(s) for health, welfare, safety, and peace
reasons.
F. Often sold in gram packets for $10 -20, K2 and other synthetic cannabinoids are said to
mimic marijuana's effects. People smoke it in joints, pipes, bongs, and vaporizers, just like
marijuana.
G. One general news article states that Dr. John Huffman, professor of organic chemistry at
Clemson, created the "compound ". That recipe found its way to marijuana users who replicated
Huffman's work and began spraying it onto dried flowers, herbs, and tobacco.
H. Products that Contain (or Have Contained at One Time) Synthetic Cannabinoids:
1. Spice, Smoke Blend, K2, Genie, Yucatan Fire, Skunk, DaScents, Sence, Smoke,
ChilIX, Highdi's, Almdrohner, Earth Impact, Gorillaz, Galaxy, Gold Space, Truckin,
Solar Flare, Moon, Rocks, Blue Lotus, Aroma, Scope, Sky, OG, and Potpourri.
2. It's also sold under the names Spice Diamond, Spice Gold, Spice Silver, Yucatan
Fire, Zoha, and Zohai.
3. It should be noted that the speed of innovation in this area means that any list of
products is likely to become quickly outdated. This ordinance incorporates herein
without the necessity of amendment additional names as they occur.
I. The ingredients include Baybean, Blue Lotus, Lion's Tail, Lousewort, Indian Warrior,
Dwarf Scullcap, Maconha Brava, Pink Lotus, Marshmallow, Red Clover, Rose, Siberian
Motherwort, Vanilla, Canavalia Rosea, Clematis Vitalba, Nelumbo Nucifera, and Pedicularis
Grandifolia.
J. Synthetic Cannabinoid Research Chemicals:
(This is a partial list of the synthetic cannabinoids that have been used illicitly or may have
potential for illicit use in the future):
JWH -015, JWH -018, JWH -073, JWH -081, JWH -133, JWH -200, JWH -250, JWH -398, CP
47,497, CP 55,244, CP 55,940, HU -210, HU -211, and WIN 55,212 -2.
K. Other articles and sources indicate that the most prevalent synthetic canninbinoid is
JWH -018, a new synthetic cannabinoid created by scientists to test receptor function in the lab.
The synthetic cannabinoid binds with the CB1 receptor producing the euphoric effect or high in
humans. JWH -018 binds with CB1 receptors at a rate four times greater than THC (natural or
synthetic.)
L. The common marijuana drug tests are calibrated to detect THC and THC metabolites,
not the synthetics used in Spice or K2. NORML's deputy director and an expert in drug testing
Paul Armentano says Spice or K2 users would pass a drug test.
M. The Missouri and Kansas efforts to outlaw K2 in some cases lump it in with Salvia,
causing confusion about the two separate drugs. Federal authorities are enforcing a new
crackdown on shipments of the cannabinoids and the K2 type products, such as two recent
2
seizures of K2 and JWH -018 at the Philadelphia Airport UPS shipping facility in early 2010.
N. Medications Currently Containing Synthetic Cannabinoids:
• Dronabinol (Marinol)
• Nabilone (Cesamet)
• Sativex
• Rimonabant (SR141716 /Acomplia)
O. Based upon all of the above, it is hereby determined by the Common Council that the
effects of these substances are jointly and severally health, safety, welfare, peace, and good
order concerns to the residents, businesses, visitors, taxpayers, and citizens of the City of
Janesville.
9.56.020 Prohibitions -- Possession use and sale are ille al.
It shall be illegal for any person to:
A. Use, possess, purchase, attempt to purchase, sell, publicly display for sale, or attempt to
sell, give, and /or barter;
B. Produce, manufacture, dispense; and /or
C. Possess with intent to produce, manufacture, or dispense; and /or
D. Distribute, or agree, consent, offer, or arrange to distribute; and /or
E. Possess with the intent to distribute;
any one or more of the following synthetic cannabinoids and /or chemicals, whether under the
common street or trade names of "Spice ", "K2 ", "Genie ", "Yucatan Fire ", "fake" or "new"
marijuana, or by any other name, label, or description:
1. Salviadivinorum or salvinorum A; all parts of the plant presently classified
botanically as salvia divinorum, whether growing or not, the seeds thereof; any
extract from any part of such plant, and every compound, manufacture, salts
derivative, mixture or preparation of such plant, its seeds or extracts;
2. (6aR, 10aR) -9- (hydroxymethyl) -6, 6 dimethyl - 3- (2methyloctan- 2- yl) -6a, 7, 10, 10a-
tetra hyd robenzo[c]ch romen- 1 -ol some trade or other names: HU -210; (1 R,3s) -3-
hydroxycyclohexy;
3. 1 -Pentyl-3-(1 -naphthoyl) indole -some trade or other names: JWH- 01 81spice;
4. 1- Butyl -3 -(1 naphthoyl) indole -some trade or other names: JWH -073;
5. 1 - (3 {trifluoromethylphenyl }) piperazine -some trade or other names: TFMPP;
6. synthetic equivalents of the substances contained in the plant Cannabis, and /or in
the resinous extractives of Cannabis and /or synthetic substances, derivatives,
and their isomers with similar chemical structure and pharmacological activity,
and/ or any substance which claims such properties even if in actuality they do
not;
7. Compounds of these structures, regardless of numerical designation of atomic
Positions are similarly prohibited, since nomenclature of these substances is not
internationally standardized;
8. And /or any similar structural analogs such as, including, but not limited to the
synthetic cannabinoids that fall into and /or are part of one or more of the seven
major structural groups:
a. Naphthoylindoles (e.g. JWH -018, JWH -073 and JWH -398).
b• Naphthylmethylindoles.
C. Naphthoylpyrroles.
d. Naphthylmethylindenes.
e. Ph enylacetylindoles (i.e. benzoylindoles, e.g. JWH -250).
f• Cyclohexylphenols (e.g. CP 47,497 and homologues of CP 47,497).
9- Classical cannabinoids (e.g. HU -210).
9.56.030 Medical or dental use allowed. Acts otherwise prohibited under this Chapter
shall not be unlawful if done by or under the direction or prescription of a licensed physician,
dentist, or other medical health professional authorized by law to direct or prescribe such acts,
Provided that such use is permitted under state and federal laws.
9.56.040 Violations — Penalties. A. Any person seventeen (17) years of age or
older (adult) convicted of violating any provision of this Chapter shall be subject to the imposition
of, and shall pay a forfeiture of, not less than $100.00 nor more than $500.00, for each violation,
together with all costs, fees, and assessments allowed and /or mandated by law, as from time to
time amended or renumbered.
B. Any person sixteen (16) years of age or younger (child) convicted of violating any
provision of this Chapter shall be subject to the imposition of, and shall pay a forfeiture of,
$75.00, for each violation, together with all costs, fees, and assessments allowed and /or
mandated by law, as from time to time amended or renumbered.
C. Upon non - payment of an imposed forfeiture, the convicted violator shall be subject to the
remedies then available at law, as from time to time amended or renumbered.
D. Each day's continuance of any violation shall constitute a separate violation
M
SECTION II. This ordinance Chapter shall take effect the day after publication.
ADOPTED: _ January 10 2011
APPROVED-
I
Eric Levi ity Manager
ATTES
Jea nn Wulf, City Clerk - Treasur r
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Council Members Steeber and
Brunner
Prepared by: City Attorney Wald Klimczyk
Attorney/Word /Shared /Ordinance Synthetic Cannabinoid Prohibited REVISED 122910.doc
Motion by: Steeber
Second by: Perrotto
Councilmember
Brunner
McDonald
Steeber
Perrotto
Truman
Rashkin
Voskuil
Aye
X
X
X
X
X
Nay I Pass I Absent
11
19
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