[HISTORY: Adopted by the Town of Wolfeboro as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-20-2011]
A. 
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. 
For the purpose of this section, the following terms shall be defined as follows:
PERSON
An individual, corporation, or other legal entity and any licensed or unlicensed business, including Clerk, manager, or owner of a business.
SYNTHETIC CANNABINOID/CANNABIMIMETIC AGENT
(1) 
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:
(a) 
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;
(b) 
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;
(c) 
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;
(d) 
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;
(e) 
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
(2) 
Includes, but is not limited to the following drugs and their analogs:
(a) 
CP 47,497 and CP 47,497 homologs.
(b) 
JWH-018 (also known as "AM 678")
(c) 
JHW-073.
(d) 
JWH-019.
(e) 
JWH-200
(f) 
JWH-250.
(g) 
JWH-081.
(h) 
JWH-122.
(i) 
JWH-203.
(j) 
AM 2201.
(k) 
AM 694.
(l) 
SR-19 (also known as "RCS-4").
(m) 
SR-18 (also known as "RCS-8").
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. 
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. 
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. 
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. 
All ordinances, resolutions, orders or parts thereof in conflict with this chapter are hereby voided.
C. 
This chapter shall be in full force and effect immediately upon its passage.