Henderson County, KY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Fiscal Court of Henderson County as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-6-2012 by Ord. No. 12-04]

§ 122-1 Declaration of findings and policy.

The Henderson Fiscal Court finds that herbal incense products marketed in the United States that provide a marijuana-like high when smoked have become increasingly popular, particularly among teens and young adults, and that these products consist of plant material that has been laced with chemicals that have not been approved by the FDA for human consumption. The Court further finds that the Commonwealth of Kentucky has moved to prohibit the sale and possession of similar products, but the changing nature of the products has resulted in the availability of herbal incense products that exceed the commonwealth's definition and statutes and therefore are not properly regulated by the Commonwealth of Kentucky. The Court is aware that the side effects of the unregulated herbal incense products pose a threat to the public health and safety of the citizens of the County of Henderson and it is in the best interest of the County to regulate the sale and use of such products.

§ 122-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
AM CANNABINOIDS
Any synthetic cannabinoids created by Alexandros Makriyannia or his research group, including, but not limited to, AM-087; AM-251; AM-281; AM-356; AM-374; AM-381; AM-404; AM-411; AM-630; AM-661; AM-678; AM-679; AM-694; AM-855; AM-881; AM-883; AM-905; AM-906; AM-919; AM-926; AM-938; AM-1116; AM-1172; AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM-2213; AM-2232; AM-2233; AM-2102; AM-4030. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration, and are dispensed in accordance with state and federal law.
CP CANNABINOIDS
CP-47, 497; (C6)-CP-47, 497; (C7)-CP-47, 497; (C8)-CP-47, 497; (C9)-CP-47, 497; CP-50,556-1; CP-55, 244; CP-55,940; CP-945,598. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration, and are dispensed in accordance with state and federal law.
HU CANNABINOIDS
Any synthetic cannabinoids created by Hebrew University, including, but not limited to, HU-210; HU-211; HU-243; HU-308; HU-320; HU-331; HU-336; HU-345. The term shall not include synthetic cannabinoids thadt require a prescription, are approved by the United States Food and Drug Administration, and are dispensed in accordance with state and federal law.
JWH CANNABINOIDS
Any synthetic cannabinoids created by John W. Huffman or his research group, including, but not limited to, JWH-007; JWH-015; JWH-018; JWH-019; JWH-030; JWH-047; JWH-048; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098; JWH-116; JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161; JWH-164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH-184; JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-196; JWH-197; JWH-198; JWH-199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234; JWH-249; JWH-250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336; JWH-350; JWH-359; JWH-387; JWH-398; JWH-424. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration, and are dispensed in accordance with state and federal law.
PERSON
Any person, firm, group, association, organization, partnership, business, trust, corporation, company, limited-liability company or any other business entity. For the purposes of this article, the president, managers, owners, shareholders, partners, members or other persons in charge of the business shall be responsible to require the business to comply with this article and shall likewise be subject to the penalties imposed for violations of this article by the business entity.
POSSESSION
To have actual physical possession or otherwise to exercise actual dominion or control over a tangible object.
TRAFFIC
To manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, or sell a controlled substance.
TRANSFER
To dispose of a controlled substance to another person without consideration and not in furtherance of commercial distribution.

§ 122-3 Possession of AM, CP, JWH or HU cannabinoids.

A person is guilty of possession of AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids when he or she knowingly and unlawfully possesses AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids.

§ 122-4 Trafficking in AM, CP, JWH or HU cannabinoids.

A person is guilty of trafficking in AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids when he or she knowingly and unlawfully traffics in AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids.

§ 122-5 Applicability of state law.

If current or future Kentucky law prohibits any substance(s) contained in this article, the Kentucky law shall be applied instead of this article for both prosecution and penalty.

§ 122-6 Penalty.

A. 
Any person who violates the provision of this article concerning possession of AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids shall be guilty of a Class B misdemeanor and, upon conviction, shall be punished by a fine not to exceed $250 and jail time not to exceed 90 days.
B. 
Any person who violates the provision of this article concerning trafficking in AM cannabinoids, CP cannabinoids, JWH cannabinoids or HU cannabinoids shall be guilty of a Class A misdemeanor and, upon conviction, shall be punished by a fine not to exceed $500 and jail time not to exceed 12 months.
C. 
Each day of such violation shall constitute a separate offense and no additional notice other than notice of the original offense shall be required to convict a person for multiple violations resulting from a continuation of such offense.