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"SPICE"

03-Aug-2010

«Ordinance 577»

ORDINANCE NUMBER 577

 

AN ORDINANCE BY THE CITY OF LONG BEACH, MISSISSIPPI, PROHIBITING THE USE, PURCHASE, POSSESSION, DISTRIBUTION, SALE, OR OFFERING FOR SALE SYNTHETIC CANNABINOIDS OR OTHER SYNTHETIC CHEMICALS, THEIR SALTS, ISOMERS, HOMOLOGUES, AND SALTS OF ISOMERS AND HOMOLOGUES WITHIN THE SPECIFIC CHEMICAL DESIGNATION AS FOLLOWS.

 

WHEREAS, the Mayor and Board of Aldermen (the “Governing Body”) of the City of Long Beach, Mississippi, (the “Municipality”) having made due investigation therefore, do now find, determined, adjudicate, declare and ordain as follows:

 

 

Section 1.        The sale of individual packets of chemicals for the purpose of incense “not for human consumption” but is being purchased and smoke by citizens, presents a serious safety and health issue for the city and the purpose of this ordinance is to prohibit the sale, possession or use of said individual packets of incense.

Section 2.        No person shall use, possess, purchase, distribute, sell, display for sale or attempt to use, possess, purchase, distribute, sell or publically display for sale any one or more of the following chemicals, their salts or isomers within the city limits of the City of Long Beach, Mississippi;

 

A.        Salviadivinorum or salvinorum A: all or parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof an extract from any part of such plant, and every compound, manufacturate, salts derivative, mixture or preparation     of such plant, its seeds or extracts:

            B.         (6aR, 10aR)-9(hydroxymethyl)-6, 6dimethyl-3-(2-methyloctan-2-yl)-6a7, 10

                        10a-tetrahydrobenzo[c]chromen-1-01 some trade or other names;

            C.         1-Pentyl-3-(1-naphthoyl) indole-some trade or other names: JWH-018SPICE;

            D.        1-Butyl-3-(1-naphtohoyl) indole-some trade or other names: JWH-073;

            E.         1-(3-[trifluoromethylphenyl) piperazine-some trade or other names; TFMIP;

            F.         4-METHOXYMETHCATHIONE AND Ethylcathinone

            G.         or synthetic cannabinoids; JWH-018

            H.        or any similar structural analogs.

 

Section 3.        No person shall use, possess, purchase, distribute, sell or display for sale or attempt to use, possess, purchase, distribute, sell or display for sale any one or more of the following chemicals, their salts or isomers within the city limits of the City of Long Beach, Mississippi any chemical compound with the name Canavalia maritima, Nymphaea caerulea, Scutellaria nana, Pedicularis densiflora, Leonotis leonurus, Zornia latifolia, nelumbo nucifera and Leonurus sibiricus or any synthetic tocopherol.

 

Section 4.        This ordinance shall not apply to any person who shall commit any act described in this ordinance for the purpose of anesthesia for a medical or dental procedure, performed by a person with a medical license.

 

Section 5.        Any person found guilty of violating any section of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00, imprisonment in the county jail not to exceed six (6) months, or both.

 

Section 6.   EFFECTIVE DATE

            In order to provide for the health and safety of the public this Ordinance shall take effect and be in force immediately upon adoption; however, proper publication and enrollment of same in the municipal records shall nevertheless occur and be had in the manner provided by law.

            The above and foregoing Ordinance Number 577 was introduced in writing by Alderman Anderson who moved its adoption.  Alderman Carrubba seconded the motion to adopt said Ordinance Number 577; and after discussion, and the question being put to a roll call vote by the Mayor, the result was a follows:

Alderman Bernie Parker                       Voted               Aye

Alderman Gary J. Ponthieux                  Voted              Aye

Alderman Kaye H. Couvillon                 Voted               Aye

Alderman Carolyn J. Anderson              Voted               Aye    

Alderman Leonard G. Carrubba, Sr.       Voted               Aye

 Alderman Mark E. Lishen                     Voted               Aye  

Alderman Ronnie Hammons, Jr.             Voted              Aye

 

            The question having received the affirmative vote of all the Aldermen present and voting, the Mayor declared the motion carried and the said Ordinance 577 adopted and approved this the 3rd day of August, 2010.

 

       

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