[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]
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.
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.
For the purpose of this article, the following shall be defined
as follows:
An individual, corporation, limited-liability company, partnership,
wholesaler, retailer, and any licensed or unlicensed business, including
clerk, manager, or owner of business.
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:
A patent or patent application or copy thereof that attests
to the binding activity of the substance in question; and/or
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.
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.
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.
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:
Where the substituent at the 3 position of the indole ring system
is, disregarding the linkage, any of the following groups:
Whether or not the substituent at the 3 position of the indole
ring system, disregarding the linkage, is further substituted to any
extent.
Whether or not further substituted on the indole ring to any
extent.
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:
Where the substituent at the 3 position or the indazole ring
is, disregarding the linkage, any of the following groups:
Whether or not the substituent at the 3 position of the indazole
ring system, disregarding the linkage, is further substituted to any
extent.
Whether or not further substituted on the indazole ring to any
extent.
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:
Where the substituent at the 3 position of the pyrrole ring
is, disregarding the linkage, any of the following groups:
Whether or not the substituent at the 3 position of the pyrrole
ring, disregarding the linkage, is further substituted to any extent.
Whether or not further substituted on the pyrrole ring to any
extent.
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:
Where the substituent at the 3 position of the pyrazole ring
is, disregarding the linkage, any of the following groups:
Whether or not the substituent at the 3 position of the pyrazole
ring, disregarding the linkage, is further substituted to any extent.
Whether or not further substituted on the pyrazole ring to any
extent.
This definition shall not include:
Endocannabinoids that are naturally found in the human body;
or
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
Any other drugs that have cannabinoid receptor activity that
are currently FDA approved for medical use; or
Marijuana and extracts of marijuana, as these are already controlled
per New Hampshire RSA 318:B.
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.
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.
