9.16.060 Unlawful Intoxicating chemical compounds and paraphernalia.
1. Intoxicating Chemical Compounds. It shall be unlawful for any person, including a corporation or other entity, to manufacture, distribute, use, possess, purchase, attempt to purchase, sell, publicly display for sale, attempt to sell, give, trade or barter any one or more of the following chemical compounds and/or substances or their salts, isomers, homologues, and salts of their isomers and homologues:
a. Salvia divinorum 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.
b. (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol, some trade or other name: HU-210.
c. Naphthalen-1-yl-(1-pentylindol-3-yl) methanone (also known as 1 Pentyl-3-(1-naphthoyl) indole, some trade or other name: JWH-018.
d. Naphthalen-1-yl-(1-butylindol-3-yl) methanone (also known as 1-Butyl-3-(1-naphthoyl) indole, some trade or other name: JWH-073.
e. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol, some trade or other name: CP 47,497 and its C6. C7, C8, and C9 homologues.
f. 1-(3-[triflouromethylphenyl]) piperazine, some trade or other name: TFMPP.
g. (R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de)-1,4-benzoxazin-6-yl]-1-napthalenylmethanone, some trade or other name: WIN 55,2-212.
h. 2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-5-(2-methyloctan-2-yl)phenol, some trade or other name: CP 55,940.
i. 6,6,9-trimethyl-3-(3-methyloctan-2-yl)-7,8,9,10-tetrahydrobenzo [c]chromen-1-ol, some trade or other name: Dimethylheptylpyran 1, 2-dimethylheptyl-Δ3THC, or DMHP, or A-40824, or EA-1476.
j. [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate, some trade or other name: Levonantradol, or CP 50,556-1.
k. -1-(4-methylphenyl)-2-methylaminopropan-1-one, some trade or other name: Mephedrone, 4-methylmethcathinone, 4-MMC or 4-methylephedrone.
l. Any similar structural analogs to the chemical compounds identified in Section 1(a) through 1(l).
m. Or any other compounds containing cannabinoid receptor agonists that are designed, produced, manufactured, synthesized, grown, cultivated, harvested or otherwise prepared or used with the intent to produce or mimic the effects of tetrahydrocannabinol (THC).
2. Lawful Possession. It is not an offense under Subsection 1 of this section if the person was acting at the direction of an authorized agent of Lindon City to enforce or ensure compliance with this law prohibiting the sale of the aforementioned intoxicating chemical compound.
3. Confiscation of Contraband. If any of the aforementioned intoxicating chemical compounds or cannabinoid receptor agonists are found in the possession of any person, they may be confiscated and destroyed by law enforcement officials.
4. Medical Uses. Subsection 1 does not apply to any person who commits any act described in this section pursuant to the lawful direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. This section likewise does not apply to the inhalation of anesthesia for a medical purpose or dental purpose when inhaled under the direction of a licensed Physician or Dentist.
5. Paraphernalia. It is the intent of this Subsection 5 to discourage the use of any of the above mentioned substances by eliminating paraphernalia designed for processing, ingesting, or otherwise using the substances described under Subsection 1. As such it shall be unlawful for any person, including a corporation or other entity, to, use, or possess, any Paraphernalia as defined in this Subsection.
a. Paraphernalia under this section shall be defined as follows: Any equipment, product, or material used, or intended for use, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, or to otherwise introduce chemicals or compounds prohibited in Section 1, and/or any other product prepared or used with the intent to produce or mimic the effects of tetrahydrocannabinol (THC) which includes, but is not limited to, the devices and products listed in Utah Code Ann. Title 58-37a-3.
b. It is not an offense under this Subsection if a person possesses or uses paraphernalia in conjunction with a lawful use of the identified chemical compounds as permitted in Subsections 2 and 4 of this Section.
6. Penalty. Any person found to be in violation of this Subsections 1 or 5 of this Section is guilty of a Class B misdemeanor and/or subject to a term of imprisonment not to exceed six months and a fine not to exceed $1,000.00 and/or both. Each day during which violation of this Section occurs shall constitute a separate offense.
7. Injunctions. Lindon City shall have the authority to seek an injunction to compel compliance of any business which fails or refuses comply with this Section.
SECTION 2. Subsequent State Action: If the State of Utah Legislature adopts a statute which includes the provisions in this chapter and enacting criminal penalties for prohibitions set forth in this ordinance, then upon the effective date of such state statute, provisions of this ordinance that are covered by the state statute shall no longer be deemed effective. Any violations of this ordinance which occur prior to said state statutes becoming effective will be prosecuted. If there are provisions of this ordinance that are not covered by the state statute, those provisions will remain in effect. (Ord. 2010-7, amended, 2010)