Ordinance No. 738

AN ORDINANCE BY THE CITY OF PHILADELPHIA, MISSISSIPPI, PROHIBITING THE USE, PURCHASE, POSSESSION, DISTRIBUTION, SALE, OR OFFERING FOR SALE SYNTHETIC CANNABINOIDS OR OTHER SYNTHETIC CHEMICALS, THEIR SALTS, ISOMERS, HOMOLOGUES, AND SALTS OF ISOMERS AND HOMOLOGUES WITHIN THE SPECIFIC CHEMICAL DESIGNATION AS FOLLOWS.

WHEREAS, the Mayor and Board of Aldermen (the “Governing Body”) of the City of Philadelphia, Mississippi, (the “Municipality”) having made due investigation therefore, do now find, determined, adjudicate, declare and ordain as follows:

Section 1. The sale of individual packets of chemicals for the purpose of incense “not for human consumption” but is being purchased and smoke by citizens, presents a serious safety and health issue for the city and the purpose of this ordinance is to prohibit the sale, possession or use of said individual packets of incense.

Section 2. No person shall use, possess, purchase, distribute, sell, display for sale or attempt to use, possess, purchase, distribute, sell or publically display for sale any one or more of the following chemicals, their salts or isomers within the city limits of the City of Philadelphia, Mississippi;

A. Salviadivinorum or salvinorum A: all or parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof an extract from any part of such plant, and every compound, manufacurate, salts derivative, mixture or preparation of such plant, its seeds or extracts:

B. (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2-methyloctan-2-yl)-6a7, 10 10a-tetrahydrobengo[c]chromen-1-01 some trade or other names;

C. 1-Pentyl-3-(1-naphthoyl) indole-some trade or other names: JWH-018\SPICE;

D. 1-Butyl-3-(1-naphthohoyl) indole-some trade or other names: JWH-073;

E. 1-(3-[trifluoromethylphenyl]) piperazine-some trade or other names; TFMP;

F. 4-METHOXYMETHCATHIONE AND Ethylcathinone

G. or synthetic cannabinoids; JWH-018

H. or any similar structural analogs.

I. Mitragynine- some trade or other names: Kratom

Section 3. No person shall use, possess, purchase, distribute, sell or display for sale or attempt to use, possess, purchase, distribute, sell or display for sale any one or more of the following chemicals, their salts or isomers within the city limits of the City of Philadelphia, Mississippi any chemical compound with the name Canavalia maritima, Nymphaea caerulea, Scutellaria nana, Pedicularis densiflora, Leonotis leonurus, Zornia latifolia, nelumbo nucifera and Leonurus sibiricus or any synthetic tocopherol or Mitragynine.

Section 4. This ordinance shall not apply to any person who shall commit any act described in this ordinance for the purpose of anesthesia for a medical or dental procedure, performed by a person with a medical license.

Section 5. Any person found guilty of violating any section of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00, imprisonment in the county jail not to exceed six (6) months, or both.

Section 6: This Ordinance shall take effect and be in force from and after its passage and due publication.

The above and foregoing ordinance was first reduced to writing, read and considered by sections, and read and considered as a whole and adopted with the following Aldermen voting as follows:

Alderman Willie Jackson voted: ______ Aye Nay: ______ Alderman Jim Fulton voted: ______ Aye Nay: ______ Alderman Cecil Nichols voted: ______ Aye Nay: ______ Alderman James Tatum voted: ______ Aye Nay: ______ Alderman Joe Tullos voted: ______ Aye Nay: ______

The Mayor declared the Ordinance passed and same shall become effective after publication as required by law.

JAMES YOUNG, MAYOR

ATTEST:

JAMES JOHNSON, CITY CLERK

CERTIFICATE

I, James Johnson, the duly appointed, qualified and acting City Clerk of the City of Philadelphia, do hereby certify that the above and foregoing is a true and correct copy of an Ordinance, passed, ordained and adopted by the Mayor or the Board of Aldermen of said City at a public meeting thereof held on the ______ day of ________________, 2016, and which Ordinance is spread of record in the minutes of said meeting and maintained in my office.

GIVEN under my hand and official seal of office, this the ______ day of ________________, 2016.

JAMES JOHNSON, CITY CLERK (SEAL)