§ 11-146. Prohibition on the sale, manufacture, use, delivery, purchase, possession or distribution of unregulated marijuana substitutes.

(a)

Definitions. The following words as used in this section shall have the following prescribed meaning:

(1)

Unregulated marijuana substitutes shall mean and refer to any compounds or substances, whether described as tobacco herbs, incense spice, aromatherapy incense, bath salts, potpourri, herbal smoking blends, plant food, aromatic substance that may cause a sense of euphoria, novelty aromatic, or any blend thereof, regardless of whether the compound or substance is marketed for the purpose of being smoked, injected, inhaled or ingested by humans or for human consumption, that:

a.

Is not currently or hereinafter regulated as a Schedule 1 controlled substance under Georgia law (including the following Georgia law: O.C.G.A. § 16-13-25, any amendments to O.C.G.A. § 16-13-25, including the 2012 Act of the Georgia General Assembly known as "Chase's Law", and the emergency rule of the Georgia State Board of Pharmacy enacted on June 12, 2012 declaring five (5) specific additional compounds as "synthetic cannabinoids" that are Schedule 1 controlled substances under Georgia law);

b.

Is privately compounded, with the specific intent to circumvent the criminal penalties for synthetic cannabinoids under Georgia law; and

c.

Emulate, simulate or mimic the effects of marijuana or synthetic cannabinoids through chemical changes such as the addition, subtraction or rearranging of a radical or the addition, subtraction or rearranging of a substituent.

(2)

Synthetic cannabinoids shall mean and refer to those certain compounds or substances (also commonly known or referred to in general as "Spice" or "K2") that mimic, emulate or simulate the effects of marijuana or the active ingredient in marijuana (Tetrahydrocannabinol) that are specifically listed and identified as Schedule 1 controlled substances under O.C.G.A. §§ 16-13-25(3) and 16-13-25(12), any amendments thereto, or any other code section of the Official Code of Georgia.

(3)

Substituent shall mean an atom or group that replaces another atom or group in a molecule.

(4)

Radical shall mean and refer to a group of atoms that enters into and goes out of chemical combination without change and that forms one of the fundamental constituents of a molecule.

(5)

Person shall mean and refer to any individual, natural person, partnership, firm, corporation, joint venture, proprietorship, business entity, association, agency, group, organization or group of persons or any other entity.

(b)

It shall be unlawful for any person to use, sell, give, manufacture with intent to sell, possess, purchase, deliver, transport or distribute any unregulated marijuana substitutes within the limits of City of Cartersville.

(c)

Any person violating this section as it exists or may be amended, upon conviction, shall be punished by the imposition of a fine not to exceed one thousand dollars ($1,000.00), by imprisonment in the county jail for a period of time not to exceed sixty (60) days, or by both such fine and imprisonment. Each day any violation of this section shall continue shall constitute a separate offense.

(d)

Conviction for a violation of this section may also result in the city revoking any person's privilege of operating a business within the limits of the city.

(Ord. No. 27-13, § 1, 11-7-13)