City of Laconia, NH
Belknap County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Laconia as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-10-2014 by Ord. No. 06.2014.06]

§ 70-1 Purpose and intent.

It has been determined that certain businesses and/or individuals within the City of Laconia are possessing and selling certain substances which when ingested produce intoxicating effects similar to tetrahydrocannabinol (THC) or marijuana. These substances, which are described herein, are often used as an alternative synthetic to marijuana and are potentially dangerous to users, society, and the long-term effects are not yet known. The effects of these substances are a health concern to the citizens of the City of Laconia. Not all of the substances are categorized as illegal controlled substances under state or federal law. By selling these "legal" substances for smoking and ingestion of the guise of incense, the manufacturers avoid the United States Food and Drug Administration process for study and approval of such prior to distribution for consumption. In addition, by marketing such "incense" products directed at the controlled drug subculture the manufacturers and sellers avoid the Schedule I implications of the Controlled Substances Act.[1] The City of Laconia City Council recognizes there is no legitimate purpose of such synthetic chemicals contained therein.
[1]
Editor's Note: See 21 U.S.C. § 801 et seq.

§ 70-2 Prohibited activities.

It shall be unlawful for any person to sell, barter, give, publicly display for sale or attempt to sell, or to possess or transport any material, compound, mixture or preparation which contains any quantity of synthetic cannabinoids or their optical, positional and geometric isomers, salts and salts of isomers whenever the existence of such isomers, salts and salts of isomers is possible within the specific chemical designation as defined below within the corporate limits of the City of Laconia.

§ 70-3 Definitions.

For the purpose of this article, the following shall be defined as follows:
PERSON
An individual, corporation, limited-liability company, partnership, wholesaler, retailer, and any licensed or unlicensed business, including clerk, manager, or owner of business.
A. 
Any substance within the following structural classes that displays binding activity at the CB1 and/or CB2 cannabinoid receptor sites. Binding activity may be documented in the following ways, including but not limited to:
(1) 
A patent or patent application or copy thereof that attests to the binding activity of the substance in question; and/or
(2) 
An article or document or copy thereof from a peer-reviewed scientific journal or equivalent publication that attests to the binding activity of the substance in question.
B. 
Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with a substituent at the 5 position of the phenolic ring, whether or not substituted on the cyclohexyl ring to any extent.
C. 
Any compound containing a 1-(inaphthylmethyl)indene ring system with a substituent at the 3 position or the indene ring system, whether or not further substituent on the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.
D. 
Any compound containing an indole ring system with a substituent of the nitrogen atom and bearing an additional substituent at the 3 position of the indole ring system, with a linkage connecting the ring system to the substituent:
(1) 
Where the linkage connecting the indole ring system to the substituent at its 3 position is any of the following:
(a) 
Alkyl.
(b) 
Carbonyl.
(c) 
Ester.
(d) 
Thione.
(e) 
Thioester.
(f) 
Amino.
(g) 
Alkylamino.
(h) 
Amido.
(i) 
Alkylamido.
(2) 
Where the substituent at the 3 position of the indole ring system is, disregarding the linkage, any of the following groups:
(a) 
Naphthyl.
(b) 
Quinolinyl.
(c) 
Adamantly.
(d) 
Phenyl.
(e) 
Cycloalkyl (limited to cyclopropyl, cyclobutyl, cyclopentyl, or cyclohexyl).
(f) 
Alkylamido (limited to ethylamido, propylamido, Butanamido, or pentanamido).
(3) 
Whether or not the substituent at the 3 position of the indole ring system, disregarding the linkage, is further substituted to any extent.
(4) 
Whether or not further substituted on the indole ring to any extent.
E. 
Any compound containing an indazole ring system with a substituent at the 1-position nitrogen atom and bearing an additional substituent at the 3 position of the indazole ring system, with a linkage connecting the ring system to the substituent:
(1) 
Where the lineage connecting the indazole ring to the substituent at its 3 position is any of the following:
(a) 
Alkyl.
(b) 
Carbonyl.
(c) 
Ester.
(d) 
Thione.
(e) 
Thioester.
(f) 
Amino.
(g) 
Alkylamino.
(h) 
Amido.
(i) 
Alkylamido.
(2) 
Where the substituent at the 3 position or the indazole ring is, disregarding the linkage, any of the following groups:
(a) 
Naphthyl.
(b) 
Quinolinyl.
(c) 
Adamantly.
(d) 
Phenyl.
(e) 
Cycloalkyl (limited to cyclopropyl, cyclobutyl, Cyclopentyl or cyclohexyl).
(f) 
Biphenyl.
(g) 
Alkylamido (limited to ethylamido, propylamido, Butanamido, or pentanamido).
(3) 
Whether or not the substituent at the 3 position of the indazole ring system, disregarding the linkage, is further substituted to any extent.
(4) 
Whether or not further substituted on the indazole ring to any extent.
F. 
Any compound containing a pyrrole ring with a substituent on the nitrogen atom and bearing an additional substituent at the 3 position of the pyrrole ring, with a linkage connecting the ring to the substituent:
(1) 
Where the linkage connecting the pyrrole ring to the substituent at its 3 position is any of the following:
(a) 
Alkyl.
(b) 
Carbonyl.
(c) 
Ester.
(d) 
Thione.
(e) 
Thoester.
(f) 
Amino.
(g) 
Alkylamido.
(2) 
Where the substituent at the 3 position of the pyrrole ring is, disregarding the linkage, any of the following groups:
(a) 
Naphthyl.
(b) 
Quinolinyl.
(c) 
Adamantly.
(d) 
Phenyl.
(e) 
Cycloalkyl (limited to cyclopropyl, cyclobutyl, cyclopentyl, or Cyclohexyl).
(f) 
Biphenyl.
(g) 
Alkylamido (limited to ethylamido, propylamido, butanamido, or pentanamido).
(3) 
Whether or not the substituent at the 3 position of the pyrrole ring, disregarding the linkage, is further substituted to any extent.
(4) 
Whether or not further substituted on the pyrrole ring to any extent.
G. 
Any compound containing a pyrazole ring with a substituent at the 1-position nitrogen atom and bearing an additional substituent at the 3 position of the pyrazole ring with a linkage connecting the ring to the substituent:
(1) 
Where the linkage connecting the pyrazole ring to the substituent at its 3 position is any of the following:
(a) 
Alkyl.
(b) 
Carbonyl.
(c) 
Ester.
(d) 
Thione.
(e) 
Thioester.
(f) 
Amino.
(g) 
Alkylamino.
(h) 
Amido.
(i) 
Alkylamido.
(2) 
Where the substituent at the 3 position of the pyrazole ring is, disregarding the linkage, any of the following groups:
(a) 
Naphthyl.
(b) 
Quinolinyl.
(c) 
Adamantly.
(d) 
Phenyl.
(e) 
Cycloalkyl (limited to cyclopropyl, cyclobutyl, Cyclopentyl, or cyclohexyl).
(f) 
Biphenyl.
(g) 
Alkylamido (limited to ethylamido, propylamido, Butanamido, or pentanamido).
(3) 
Whether or not the substituent at the 3 position of the pyrazole ring, disregarding the linkage, is further substituted to any extent.
(4) 
Whether or not further substituted on the pyrazole ring to any extent.
H. 
Includes, but is not limited to the following:
(1) 
QUCHIC/BB-22.
(2) 
QUPIC/PB-22.
(3) 
4 fluoro PB-22.
(4) 
STS-135.
(5) 
APICA/SDB-001.
(6) 
ADBICA.
(7) 
APINACA/AKB48.
(8) 
AB-FUBINACA.
(9) 
AB-PINACA.
(10) 
ADB-FUBINACA.
(11) 
AM-1248.
(12) 
AM-2233.
(13) 
SDB-006.
(14) 
5-chloro UR-144.
I. 
This definition shall not include:
(1) 
Endocannabinoids that are naturally found in the human body; or
(2) 
Delta-9 tetrahydrocannabinol (THC) or other marijuana-derived cannabinoids, in the form of Marinol, dronabinol, or another generic pharmaceutical equivalent, so long as the medication has been issued as the result of a valid prescription; or
(3) 
Any other drugs that have cannabinoid receptor activity that are currently FDA approved for medical use; or
(4) 
Marijuana and extracts of marijuana, as these are already controlled per New Hampshire RSA 318:B.

§ 70-4 Exceptions.

A. 
It is not an offense under this article if the person was acting at the direction of the Laconia Police Department and its officers, or federal or state law enforcement, to enforce or ensure compliance with this law prohibiting the sale of the aforementioned substances.
B. 
If the State of New Hampshire enacts criminal penalties for the possession, sale, transportation, or delivery of any chemical substance listed in this article, then upon the effective date of this control, this article shall no longer be deemed effective for that substance. However, a violation of this article occurring prior to the effective date of such state statute may be prosecuted after the effective date of state control.

§ 70-5 Violations and penalties.

A. 
Any person found to be in violation of this article will be assessed a fine of $500. Each day a violation occurs will constitute a separate offense.
B. 
In addition to any penalty provided in the above Subsection A, if any of the aforementioned substances listed above are found in the possession of any person, the substance will be forfeited by seizure by the Laconia Police Department, or its officers, and may be destroyed by such law enforcement officials in a method consistent with law.