[HISTORY: Adopted by the Town of Wolfeboro as indicated in
article histories. Amendments noted where applicable.]
[Adopted 7-20-2011]
A.Â
It shall be unlawful for any person or entity to transport, use or
possess any material, compound, mixture or preparation which contains
any quantity of synthetic cannabinoids (cannabimimetic agents), or
their salts, isomers, and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible within the
specific chemical designation as defined below on or upon the roadways,
sidewalks, common areas, parks, and cemeteries or other Town-owned
property within the Town of Wolfeboro, New Hampshire.
B.Â
PERSON
SYNTHETIC CANNABINOID/CANNABIMIMETIC AGENT
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(2)Â
For the purpose of this section, the following terms shall be defined
as follows:
An individual, corporation, or other legal entity and any
licensed or unlicensed business, including Clerk, manager, or owner
of a business.
Any substance that is a cannabinoid receptor Type 1 (CB 1 receptor)
agonist, as demonstrated by binding studies and functional assays
within the following structural classes:
2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position
of the phenolic ring, whether or not substituted on the cyclohexyl
ring to any extent;
3-(1-naphthoyl)indole of 3-(1-naphthyl)indole by substitution
at the nitrogen atom of the indole ring, whether or not further substituted
on the indole ring to any extent, whether or not substituted on the
naphthyl or naphthoyl ring to any extent;
3-1(1-naphthoyl)pyrrole by substitution at the nitrogen atom
of the pyrrole ring, whether or not further substituted on the indole
ring to any extent, whether or not substituted on the naphthoyl ring
to any extent;
1-(1-naphthylmethuyl)indene by substitution at the 3-position
of the indene ring, whether or not further substituted at the indene
ring to any extent, whether or not substituted on the naphthyl ring
to any extent;
3-phenylacetylindole or 3-benzoylindole by substitution at the
nitrogen atom of the indole ring, whether or not further substituted
on the indole ring to any extent, whether or not substituted on the
phenyl ring to any extent; and
Includes, but is not limited to the following drugs and their
analogs:
It is not an offense under this chapter if the person was acting
at the direction of the Town of Wolfeboro Police Department and its
officers to enforce or ensure compliance with this law prohibiting
the sale of the aforementioned substances.
A.Â
Any person found to be in violation of this chapter will be assessed
a fine of $550. Each separate violation of this chapter will constitute
a separate offense.
B.Â
In addition to any penalty provided for in § 43-3, if any of the aforementioned substances listed in § 43-1B, definition of "synthetic cannabinoid/cannabimimetic agent," Subsection (3)(a) through (m), are found in the possession of any person, the substances will be forfeited by seizure by the Wolfeboro Police Department or its officers and may be destroyed by such law enforcement officials in a method consistent with law.
A.Â
If any provision of this chapter shall be held to be invalid by a
court of competent jurisdiction, then such provision shall be considered
separately and apart from the remaining provisions of this chapter,
which shall remain in full force and effect.
B.Â
All ordinances, resolutions, orders or parts thereof in conflict
with this chapter are hereby voided.
C.Â
This chapter shall be in full force and effect immediately upon its
passage.