An Ordinance to Prohibit the Possession, Sale and Offering for Sale of a Synthetic Cannabinoid commonly known as "K-2" or "Spice" was passed by the Quorum Court of Cross County, Arkansas on a vote of 9 to 0 Monday, June 21, 2010.

This Ordinance will be effective immediately.

BE IT ORDAINED AND ENACTED BY THE QUORUM COURT OF THE COUNTY OF CROSS, STATE OF ARKANSAS, AN ORDINANCE ENTITLED:

AN ORDINANCE TO PROHIBIT THE POSSESSION, SALE, AND OFFERING FOR SALE OF A SYNTHETIC CANNABINOID COMMONLY KNOWN AS "K-2" OR "SPICE"

WHEREAS, the Quorum Court of Cross County finds and determines that the substances described hereunder are often used as an alternative to marijuana, that the substances are potentially dangerous to users, that the long term effects are not yet known; and

WHEREAS, the substances described hereunder are not yet categorized as illegal controlled substances under State or Federal law, and that it is proper and necessary for the Cross County Quorum Court to exercise its authority to safeguard and protect the public health and safety.

NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE QUORUM COURT OF CROSS COUNTY, ARKANSAS:

Section 1. Definitions: For the purposes of this Ordinance, the following terms are herein defined:

A. "Person" means any person, firm, partnership, corporation, wholesaler, or retailer.

B. "Illegal smoking product" includes any substance, whether called tobacco, herbs, incense, spice, or any blend thereof, which includes any one or more of the following chemicals:

1. 2-[(1R,3S)-3-hydroxyeyclohexyl]-5-(2-mothyloctan-2-yl)phenol);
2. (dexanabinol,(6aS,10nS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-
Mothyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol);
3. 1-Pentyl-3-(1-naphthoyl)indole; or
4. Butyl-3-(a-naphthoyl)indole;

which products are sometimes known as "K2" or "Spice".

C. "Salvia divinorum or salvinorum" includes all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture, or preparation of such plant, its seeds, or extracts;

1. (6aR, 10aR)-9-(hydroxymethl)-6, 6dimenthyl-3-(2-methyloctan-2yl)-
6a, 7, 10, 10a-tetrahydrobenzo{c} chromen-1-o1 some other trade
names: HU-210;
2. 1-Pentyl-3-(1-naphthoyl)indole-some trade or other names: JWH-01
8/spice;
3. 1-Butyl-3-(Inaphotoyl) indole-some trade or other names: JWH-073;
4. 1-(3-[trifluoremthylphenyl]) piperazine-some trade or other names:
TFMPP;
5. or any similar structural analogs;

which products are sometimes known as "K2" or "Spice".

Section 2. It is unlawful for any person to sell or barter, offer to sell or barter, or publicly display for sale or barter any illegal smoking product or salvia divinorum or salvinorum as defined in Section 1 hereinabove.

Section 3. It is unlawful for any person to knowingly possess any illegal smoking product or salvia divinorum or salvinorum as defined in Section 1 hereinabove.

Section 4. Any person who has violated Section 2 of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof in the District Court of Cross County, shall be subject to pay a fine of up to $500.00, together with the costs of the action, and/or be imprisoned in the County Jail for a period not to exceed thirty (30) days.

Section 5. Any person who has violated Section 3 of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof in the District Court of Cross County, shall be subject to pay a fine of up to $200.00, together with the costs of the action, and/or be imprisoned in the County Jail for a period not to exceed seven (7) days.

Section 6. If any part or section of this Ordinance is declared to be invalid or held void, it shall not affect the validity of the remainder, but the remainder shall stand.

Section 7. All Ordinances or parts of Ordinances found to be in conflict herewith are hereby repealed.