G54-12 1
Ordinance No. G54-12
AN ORDINANCE
CREATING CHAPTER 10.25, ENTITLED
"SYNTHETIC ALTERNATIVE DRUGS,"
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the
Illinois Constitution; and
WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform
any function pertaining to its government and affairs including, but not limited to, the power to
regulate for the protection of the public health, safety, morals and welfare; and
WHEREAS, 65 ILCS 5/11-20-5 authorizes the City of Elgin to implement regulations
that are necessary or expedient for the promotion of the public health and welfare; and
WHEREAS, the City of Elgin has encountered an increase in the possession, distribution,
sale, and consumption within its corporate boundaries of products containing compounds
originally designed as synthetic alternatives (i.e., synthetic cannabinoids, synthetic stimulants,
and synthetic psychedelic/hallucinogens) to prohibited controlled substances such as
tetrahydrocannabinol (THC), cathinone, methcathinone, MDMA and MDEA; and
• WHEREAS, the City of Elgin finds that products containing synthetic cannabinoids,
synthetic stimulants, and synthetic psychedelic/hallucinogens are being purchased for
recreational use as an alternative to controlled substances banned at the Federal, State, and local
levels; and
WHEREAS, the City of Elgin finds that products containing synthetic cannabinoids,
synthetic stimulants, and synthetic psychedelic/hallucinogens are particularly attractive to
children and young adults due to their availability in small amounts at neighborhood stores at
minimal costs, and due to the names being given to these substances which are intended to
appeal to children and young adults; and
WHEREAS, the Drug Enforcement Administration (''DEA") has determined that the
consumption of synthetic cannabinoids have adverse health effects such as agitation, anxiety,
nausea, vomiting, tachycardia, elevated blood pressure, tremors, seizures, hallucinations,
paranoid behavior and non-responsiveness; and
WHEREAS, the DEA has determined that consumption of synthetic stimulants affect
alertness and have been linked to severe psychotic episodes, increased heart rates, panic attacks,
and hallucinations; and
WHEREAS, the American Association of Poison Control Centers has reported that in
2011 there were more than 6,900 synthetic cannabinoid-related calls to poison control centers in
2011, and more than 6,100 reports of cathinone or "bath salt" abuse; and
WHEREAS, the City of Elgin deems it necessary and desirable to prohibit the sale,
• delivery, possession, use and manufacture of products containing synthetic cannabinoids,
synthetic stimulants, and synthetic psychedelic/hallucinogens in order to protect the public and
abate a public nuisance; and
WHEREAS, the Corporate Authorities of the City of Elgin have determined that it is in
the best interests of the City of Elgin and its residents to amend the Elgin Municipal Code to
implement regulations relative to the sale, delivery, possession, use and manufacture of such
synthetic products as hereinafter set forth:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Title 10 of the Elgin Municipal Code, 1976, as amended, entitled "Public
Peace, Morals and Welfare," be and is hereby amended by creating Chapter 10.26, entitled,
"Synthetic Alternative Drugs," to read as follows:
Chapter 10.26
SYNTHETIC ALTERNATIVE DRUGS
Sections:
10.26.010: Definitions.
10.26.020: Sale or Delivery.
• 10.26.030: Possession.
10.26.040: Use.
10.26.050: Manufacture.
10.26.060: Unlawful to Advertise.
10.26.070: Public Nuisance Declared.
10.26.080: Exemptions.
10.26.090: Penalties.
10.26.010: DEFINITIONS:
For purposes of this Chapter, the following definitions shall apply unless the context clearly
indicates or requires different meaning:
DELIVER or DELIVERY: The actual, constructive, or attempted transfer of possession, with or
without consideration, whether or not there is an agency relationship.
MANUFACTURE: The production, preparation, propagation, compounding, conversion or
processing of a product containing a synthetic cannabinoid, a synthetic stimulant, or a synthetic
psychedelic/hallucinogen, either directly or indirectly, by extraction from substances of natural
origin, or independently by means of chemical synthesis, or by a combination of extraction and
chemical synthesis, and includes any packaging or repackaging of such products or labeling of
its container, except that this term does not include the preparation, compounding, packaging, or
• labeling of such products as an incident to administering or dispensing such products in the
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course of a person's professional practice, or as an incident to lawful research, teaching, or
• chemical analysis and not for sale.
SYNTHETIC ALTERNATIVE DRUG: Any product containing a synthetic cannabinoid, a
synthetic stimulant, or a synthetic psychedelic/hallucinogen, as those terms are defined herein,
including but not limited to those products, brand names or identifiers listed in Table 10.26.010
set forth herein.
SYNTHETIC CANNABINOID: Any chemical compound that acts as or contains a cannabinoid
receptor agonist that functions similar to the active ingredient in marijuana, tetrahydrocannabinol
(THC), including those examples found in the Schedules of Article 11 of the Illinois Control
Substances Act (720 ILCS 570/201 et seq.), as amended from time to time, or otherwise
prohibited under federal or state law, and further including, but not limited to, any quantity of a
natural or synthetic material, compound, mixture or preparation containing the following
substances, and their analogs (including isomers (whether optical, positional, or geometric),
esters, ethers, salts, and salts of isomers) whenever the existences of these analogs (including
isomers (whether optical, positional, or geometric), esters, ethers, salts, and salts of isomers) is
possible within the specific chemical designation:
Naphthoylindoles. Any compound containing a 3-(1-Naphthoyl)indole structure with
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-
morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
• extent and whether or not substituted in the naphthyl ring to any extent, including but not
limited to the following:
(a) JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole);
(b) JWH-015 ((2-Methyl-l-propyl-lH-indol-3-yl)-1-naphthalenylmethanone);
(c) JWH-018 (1-pentyl-3-(1-naphthoyl)indole);
(d) JWH-019 (1-hexyl-3-(naphthalen-l-oyl)indole);
(e) JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone);
(f) JWH-081 (4-methoxynaphthalen-l-yl-(1-pentylindol-3-yl)methanone);
(g) JWH-098 (4-methoxynaphthalen-l-yl-(1-pentyl-2-methylindol-3-yl)methanone);
(h) JWH-122 (1-Pentyl-3-(4-methyl-l-naphthoyl)indole);
(i) JWH-164 (7-methoxynaphthalen-l-yl-(1-pentylindol-3-yl)methanone;
0) JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-l-ylmethanone);
(k) JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone;
(1) JWH-398 (1-pentyl-3-(4-chloro-l-naphthoyl)indole);
(m)WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo
[1,2,3-de)-1,4-benzoxazin-6-yl]-1-nepthalenylmethanone);
(n) AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-l-yl)methanone).
Naphthylmethylindoles. Any compound containing a 1 H-indol-3-yl-(1- naphthyl)
methane structure with substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
• or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to
3 I
any extent and whether or not substituted in the naphthyl ring to any extent, including but
Snot limited to the following:
(a) JWH-175 ((1-pentylindol-3-yl)naphthalen-1-ylmethane);
(b) JWH-184 (3-[(4-methyl-l-naphthalenyl)methyl]-1-pentyl-lH-indole)
Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl) pyrrole structure with
substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-
morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any
extent and whether or not substituted in the naphthyl ring to any extent, including but not
limited to the following:
(a) JWH-307 ((5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-l-ylmethanone).
Naphthylmethylindenes. Any compound containing a naphthymethylidene indene
structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-
morpholinyl)ethyl group, whether or not further substituted in the indene ring to any
extent and whether or not substituted in the naphthyl ring to any extent, including but not
limited to the following:
(a) JWH-176 (1-([(lE)-3-pentylinden-1-ylidine]methyl)naphthalene).
• Phenylacetylindoles. Any compound containing a 3-phenylacetylindole structure with
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-
morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
extent and whether or not substituted in the phenyl ring to any extent, including but not
limited to the following:
(a) JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone;
(b) JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole);
(c) JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole);
(d) JWH-302 (2-(3-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone);
(e) RCS-8 (also BTW-8, BTM-8 and SR-18) (1-(1-(2-cyclohexylethyl)-1H-indol-3-
yl)-2-(2-methoxyphenyl)ethanone).
Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol
structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-
morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent,
including but not limited to the following:
(a) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2-yl)phenol)
• and its homologues;
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(b) CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]- 5-(2-
• methyloctan-2-yl)phenol);
(c) Cannabicyclohexanol (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-(2-methylnonan-2-
yl)phenol).
Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-
morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
extent and whether or not substituted in the phenyl ring to any extent, including but not
limited to the following:
(a) AM-679 (1-pentyl-3-(2-iodobenzoyl)indole);
(b) AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2-iodophenyl)methanone);
(c) Pravadoline (WIN 48,098) ((4-methoxyphenyl)-[2-methyl-1-(2-morpholin-4-
ylethyl)indol-3-yl]methanone);
(d) RCS-4 (2-(4-methoxyphenyl)(1-pentyl-lH-indol-3-yl)methanone).
Adamantoylindoles. Any compound containing a 3-(1-adamantoyl)indole structure with
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-
morpholinyl)ethyl group, whether or not further substituted in the adamantyl ring system
to any extent, including but not limited to the following:
• (a) AM-1248 (1-[(N-methylpiperidin-2-yl)methyl]-3-(adamant-l-oyl)indole).
Additional Compounds. Any substance containing any of the following compounds:
(a) HU-210 ((6aR,l0aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol);
(b) HU-211 ((6aS,l0aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-
6a,7,l 0,l 0a-tetrahydrobenzo [c]chromen-l-ol);
(c) HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-
dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol);
(d) HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-l-
yl]-5-pentyl-2,5-cyclohexadiene-l,4-dione).
SYNTHETIC PSYCHEDELIC/HALLUCINOGEN: Any chemical compound that mimics the
effects of any federally controlled Schedule I substance, including, but not limited to, any
quantity of a natural or synthetic material, compound, mixture, preparation, substance, and their
analog (including salts, isomers (whether optical, positional, or geometric), esters, ethers and
salts of isomers) containing substances which have a psychedelic/hallucinogenic effect on the
central nervous system and/or brain, including those examples found in the Schedules of Article
II of the Illinois Control Substances Act (720 ILCS 570/201 et seq.), as amended from time to
time, or otherwise prohibited under federal or state law, and further including, but not limited to,
• the following:
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• (a) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(b) 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
(c) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
(d) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
(e) 2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
(0 2-(4-(Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
(g) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(h) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
(i) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);
(j) 2-(3-methoxyphenyl)-2-(ethylamino)cyclohexanone (other names: methoxetamine;
MXE);
(k) 2-(5-methoxy-lH-indol-3-yl)-N,N-dimethylethanamine (other names: 5-methoxy-
N,N-dimethyltryptamine; 5-MeO-DMT)
(1) 4-Phosphoryloxy-N,N-diethyltryptamine (other names: ethocybin; CEY-19).
SYNTHETIC STIMULANT: Any chemical compound that mimics the effects of any federally
controlled Schedule I substance such as cathinone, methcathinone, MDMA and MDEA,
including, but not limited to, any quantity of a natural or synthetic material, compound, mixture,
preparation, substance, and their analog (including salts, isomers (whether optical, positional, or
geometric), and salts of isomers) containing substances which have a stimulant effect on the
central nervous system, including those examples found in the Schedules of Article II of the
Illinois Control Substances Act (720 ILCS 570/201 et seq.), as amended from time to time, or
• otherwise prohibited under federal or state law, and further including, but not limited to, the
following:
(a) 3-Fluoromethcathinone;
(b) 4-Fluoromethcathinone (other name: flephedrone);
(c) 3,4-Methylenedioxymethcathinone (other names: methylone; MDMC);
(d) 3,4-Methylenedioxypyrovalerone (other name: MDPV);
(e) 4-Methylmethcathinon (other names: mephedrone; 4-MMC);
(0 4-Methoxymethcathinone (other names: methedrone; bk-PMMA; PMMC);
(g) 4-Ethylmethcathinone (other name: 4-EMC);
(h) Ethcathinone;
(i) Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone; bk-MBDB);
0) Napthylpyrovalerone (other names: naphyrone; NRG-1);
(k) N,N-dimethylcathinone (other name: metamfepramone);
(1) Alpha-pyrrolidinopropiophenone (other name: alpha-PPP);
(m)4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP);
(n) 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP);
(o) Alpha-pyrrolidinovalerophenone (other name: alpha-PVP);
(p) 6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxal-6-amine) (other name: MDAI);
(q) Any compound that is structurally derived from 2-amino-I-phenyl-l-propanone by
modification or substitution in any of the following ways:
•
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(1) in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or
• halide substituents, whether or not further substituted in the phenyl ring by one or
more other univalent substituents;
(2) at the 3-position with an alkyl substituent;
(3) at the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups;
(4) or by inclusion of the nitrogen atom in a cyclic structure.
TABLE 10.26.010: Table 10.26.010 shall read as follows:
8-Ball 2010 Aztec Gold
Aztec Midnight Wind Back Draft Bad 2 the Bone
Banana Cream Nuke Bayou Blaster Black Diamond
Black Magic Salvia Black Mamba Blueberry Hayze
Bombay Blue Buzz C3
C4 C4 Herbal Incense Caneff
Cherry Bomb Chill X Chronic Spice
Chill Out Citrus Colorado Chronic
Da Block Dark Night I1 Demon
Diamond Spirit Dragon Spice D-Rail
Dream Earthquake Eru tion Spice
Euphoria EX-SES EX-SES Platinum
EX-SES Platinum Blueberry EX-SES Cherry EX-SES Strawberry
• EX-SES Platinum Cherry EX-SES Platinum Strawberry EX-SES Platinum Vanilla
EX-SES Vanilla Fire Bird Ultimate Forest humus
Freedom Fully Loaded Funky Monkey
Funky Monkey XXXX G Four G Greenies Caramel Crunch
Genie Gold Spirit Spice Green Monkey Chronic
Salvia
Greenies Strawberry Heaven Improved Heavenscent Suave
Humboldt Gold Jamaican Gold K Royal
K 1 Gravity K 1 Orbit K2
K2 (unknown variety) K2 Amazonian Shelter K2 Blonde
K2 Blue K2 Blueberry K2 Citron
K2 Citron K2 K2 Cloud 9 K2 Kryptonite
K2 Latte K2 Mint K2 Orisha Black Magic Max
K2 Orisha Max K2 Orisha Regular K2 Orisha Super
K2 Orisha White Magic Super K2 Peach K2 Pina Colada
K2 Pineapple Express K2 Pink K2 Pink Panties
K2 Sex K2 Silver K2 Solid Sex on the
Mountain
K2 Standard K2 Strawberry K2 Summit
K2 Summit Coffee Work K2 Summit Space K2 Thai Dream
K2 Ultra K2 Watermelon K3
K3 Blueberry K3 Cosmic Blend K3 Dusk
• K3 Grape K3 Heaven Improved K3 Heaven Legal
7
K3 Kryptonite K3 Legal K3 Le al —Earth (silver)
• K3 Legal —Original (Black) K3 Level — Sea (Silver) K3 Legal — Sun (Black)
K3 Mango K3 Original K3 Original Improved
K3 Strawberry K3 Sun K3 Sun Improved
K3 Sun Legal K3 XXX K4 Bubble Bubble
K4 Gold K4 Silver K4 Summit Remix
Kind Spice Legal Eagle Legal Ea le Apple
Love Potion 69 Love Strawberry Magic Dragon Platinum
Magic Gold Magic Silver Mega Bomb
Magic Spice Mid-Atlantic Exemplar Midnight Chill
Mellon K2 MNGB Peppermint MNGB Pinata Colada
MNGB Pina Colada MNGB Tropical Thunder Moe Joe Fire
MNGB Almond-Vanilla Mr. Smiley's MTN-787
MNGB Spear Mint Naughty Nights New Improved K3 Cosmic
Blend
Mo'o New Improved Kryptonite New K3 Earth
Mystery New K3 Improved New K3 Sea Improved
New Improved K3 Dynamite Nitro Ocean Blue
New Improved K3 Kryptonite p.e.p. pourri Love Strawberry p.e.p. pourn Original
Spearmint
New K3 Heaven p.e.p. pourri X Blueberry Pie K4 Purple Haze
New-Kron Bomb Pink Tiger Platinum Strawberry
. Paradise POW Rasta Citrus Spice
p.e.p. pourri Twisted Vanilla Pulse Samurai Spirit
Pineapple Redbird Scope Wildberry
Potpourri Scope Vanilla Shanti Spice Blueberry
Rebel Spice Shanti Spice Skunk
Sativah Silent Black Space
Sence Smoke Plus S ice Gold
Si. S. Werve Spice Diamond Spicey Regular XXX
Blueberry
Smoke Spice Tropical Synergy Spicey Ultra Strong XXX
Vanilla
Spice Artic Synergy Spicey Ultra Strong XXX Spike 99
Strawberry
Spice Silver S icylicious Spike 99 Ultra Cherry
Spicey Regular XXX Spike 99 Ultra Blueberry Spike Gold
Strawberry
Spicey XXX Spike Diamond Stinger
Spike 99 Ultra Spike Silver Super Kush
Spike 99 Strawberry Summer Skyy SYN Chill
Spike Maxx Swagger Grape SYN Incense Spearmint
Strength Cinnamon SYN Incense Smooth SYN Smooth
Super Summit SYN Lemon Lime 42 SYN Suave
• SYN Incense Lemon Lime SYN Spearmint #2 SYN Vanilla#2
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SYN Lemon Lime SYN Vanilla Time Warp
SYN Spearmint Tezcatli oca Unknown cigarette
SYN Swagg Ultra Cloud 10 Voodoo Child
Texas Gold Utopia-Blue Berry Voodoo Remix (black
package)
Tribal Warrior Voodoo Remix Who Dat Herbal Incense
Utopia Who Dat Wood Stock
Voodoo Magic Voodoo Remix (orange Wicked X
package)
Winter Boost Yucatan Fire Yucatan Fire Smoke
XTREME Spice Zombie World Bliss
Blue Light Blue Silk Charge
Cosmic Blast Disco Concentrate Bath Salts Ivory Snow
Ocean Burst Pure Ivory Purple Wave
Snow Leopard Stardust (Star Dust) Tranquility Bath Salts
White Dove White Knight White Rush
Zeus 2 Ivory Wave White Lightening
Hurricane Charlie White Girl Blue Magic
Silverback Bath Salts Raving Dragon Cloud 9
Purple Tranquility Zoom 2 Aura
Red Dove Vanilla Sky White Horse
Ivory Coast Energy 1 MDPK
Magic Super Coke Am ed
Rave SnowBlind Crystal Bubbly
Eight Ballz White Water Rapid Avalanche
Bizaro Voodoo Powder Spice
Spice Smoked Blend Black Mamba Zohai
Mr. Nice Guy Genie Earth Impact
Galaxy Gold Space Truckin' Solar
Moon Rocks Aroma Scope
Sky High Red X Dawn
10.26.020: SALE OR DELIVERY:
It shall be unlawful for any person to advertise, display, sell, offer for sale, give away or deliver
any product containing a synthetic cannabinoid, synthetic stimulant or synthetic
psychedelic/hallucinogen, including but not limited to those products listed in Table 10.26.010
set forth herein.
10.26.030: POSSESSION:
It shall be unlawful for any person to knowingly possess a product containing a synthetic
cannabinoid, synthetic stimulant or synthetic psychedelic/hallucinogen, including but not limited
to those products listed in Table 10.26.010 set forth herein.
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• 10.26.040: USE:
It shall be unlawful for any person to use, inject, ingest, inhale, or otherwise introduce into the
human body, or to be under the influence of, a synthetic cannabinoid, synthetic stimulant or
synthetic psychedelic/hallucinogen, including but not limited to those products listed in Table
10.26.010 set forth herein.
10.26.050: MANUFACTURE:
It shall be unlawful for any person to manufacture, or assemble the ingredients with the intent to
manufacture a synthetic cannabinoid, a synthetic stimulant, or a synthetic
psychedelic/hallucinogen, including but not limited to those listed in Table 10.26.010 set forth
herein. In determining intent under this subsection, a trier of fact may take into consideration,
among other things: the proximity of the product or ingredients to drug paraphernalia; the
presence of the product or ingredients on or within drug paraphernalia; and the proximity of the
product or ingredients to a different controlled substance.
10.26.060: UNLAWFUL TO ADVERTISE:
It is unlawful for any person to place in any newspaper, magazine, handbill or other publication
any advertisement, knowing, or under circumstances where one should reasonably know, that the
purpose of the advertisement, in whole or in part, is to promote the sale of a synthetic
• cannabinoid, synthetic stimulant or synthetic psychedelic/hallucinogen, including but not limited
to those products listed in Table 10.26.010 set forth herein.
10.26.070: PUBLIC NUISANCE DECLARED:
Any store, place, or premises from which or in which any synthetic cannabinoid, synthetic
stimulant or synthetic psychedelic/hallucinogen, including but not limited to those products listed
in Table 10.26.010 set forth herein, are kept for sale, offered for sale, sold, manufactured,
possessed with intent to deliver, or delivered for any commercial consideration, is declared to be
a public nuisance.
A. Whenever the city manager or the city manager's designee reasonably believes that
any premises constitutes a public nuisance as described in this section, the city
manager or such designee may bring an action to abate the nuisance in a court of
competent jurisdiction or in the city's division of administrative hearings.
B. Upon being satisfied by affidavits or other sworn evidence that an alleged public
nuisance exists, the presiding authority may, without bond, enter a temporary
restraining order to enjoin any defendant from maintaining the nuisance and may,
without bond, enter a preliminary injunction restraining any defendant from removing
or interfering with any property used in connection with the public nuisance.
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C. If during the proceedings and hearings upon the merits the existence of the nuisance
• is established, and it is established that the nuisance was maintained with the
intentional, knowing or reckless permission of the owner, or an agent of the owner
managing the premises, the court shall enter an order restraining all persons from
maintaining or permitting the nuisance and from using the premises for a period of
one year thereafter. However an owner, lessee, or other occupant thereof may use the
premises if the owner gives bond with sufficient security or surety, in an amount
between $5,000 and $10,000 approved by the court, payable to the "City of Elgin."
The bond shall include a condition that no offense specified in this chapter shall be
committed at, in, or upon the property described, and a condition that the principal
obligor and surety assume responsibility for any fine, costs, or damages incurred by
any person resulting from such an offense.
10.26.080: EXEMPTIONS:
This chapter shall not apply to items used in the preparation, compounding, packaging, labeling,
or other use of synthetic cannabinoids, synthetic stimulants or synthetic
psychedelic/hallucinogens as an incident to administering or dispensing such products in the
course of a person's professional practice, or as an incident to lawful research, teaching, or
chemical analysis and not for sale.
10.26.090: PENALTIES:
• Any person found in violation of any of the provisions or failing to comply with any of the
mandatory requirements of this chapter shall be guilty of an offense. Any person found to be in
violation of Section 10.26.020 (Sale or Delivery), Section 10.26.050 (Manufacture), Section
10.26.060 (Unlawful to Advertise), or Section 10.26.070 (Public Nuisance Declared) shall, upon
conviction, be punishable by a fine of not less than One Thousand Dollars ($1,000.00). Any
person found to be in violation of Section 10.26.030 (Possession) or Section 10.26.040 (Use)
shall, upon conviction, be punishable by a fine of not less than Five Hundred Dollars ($500.00).
In addition, the following provisions shall apply with respect to any fine or penalty to be
imposed for a violation of this chapter:
A. In addition to the payment of the aforesaid fine, any person found to be in violation of
this chapter shall also, upon conviction, be required to complete not less than fifty
(50) hours and not more than two hundred (200) hours of community service or
community restitution.
B. Any person shall be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this chapter is committed,
continued or permitted by any such person, and the person shall be punished
accordingly.
C. The court shall consider as an aggravating factor for the purpose of imposing any fine
or penalty for conviction of an offense under this chapter the following:
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I. That the sale, delivery, possession, use or manufacture occurred (i) on any real
property comprising any school, or (ii) on any conveyance owned, leased or
contracted for by a school or school district to transport students to or from a
school or a school-related activity, or (iii) on any public way within 1,000 feet of
any real property comprising any school or (iv) on any public way within 1,000
feet of any conveyance owned, leased or contracted for by a school or school
district to transport students to or from a school or a school-related activity.
2. That the sale or delivery was by a person that is at least eighteen (18) years of age
at the time of the offense, to any person under eighteen (18) years of age at the
time of the offense.
3. Any other pertinent factor or circumstance.
Section 2. Severability. If any provision, clause, sentence, paragraph, section or part of
this ordinance or application thereof to any person or circumstance, shall for any reason be
adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment
shall not affect, impair or invalidate the remainder of this ordinance and the application of such
provision to other persons or circumstances, but shall be confined in its operation to the
provision, clause, sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered and to the person or circumstances
involved. It is hereby declared to be the legislative intent of the City Council that this ordinance
would have been adopted had such unconstitutional or invalid provisions; clause, sentence,
• paragraph, section or part thereof not been included.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. tain, ayor
Presented: September 26, 2012
Passed: September 26, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 26, 2012
Published: September 28, 2012
Attest: 'r
s r
Kimberly Dewis, Ci y Cler
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