Ordinance 2011-55 Ordinance No. 2011,557
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, REGARDING THE PROHIBITION OF THE SALE, POSSESSION OR USE
OF SYNTHETIC CANNABIS AND OTHER SYNTHETIC ALTERNATIVE DRUGS
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, the City has encountered products being sold at commercial businesses
within its corporate boundaries containing compounds originally designed as synthetic
alternatives (i.e., synthetic cannabinoids, synthetic stimulants and/or synthetic
psychedelic/hallucinogens) to prohibited controlled substances such as tetrahydrocannibol
(THC), cathinone, methcathinone, MDMA and MDEA; and
WHEREAS, the City finds that products containing such synthetic alternatives may be
purchased for recreational use currently as an alternative to otherwise regulated controlled
substances banned at the Federal and State levels; and
WHEREAS, the City finds that products containing synthetic cannabinoids, synthetic
stimulants and synthetic psychedelic/hallucinogens are particularly attractive to children and
young adults due to their availability in small packages at neighborhood stores at minimal costs,
as well as due to the names being given to these substances which are intended to appeal to
children and young adults; and
WHEREAS, the Drug Enforcement Administration ("DEA") has determined that the
consumption of synthetic cannabinoids can have adverse health effects such as agitation, anxiety,
nausea, vomiting, tachycardia, elevated blood pressure, tremors, seizures, hallucinations,
paranoid behavior and non-responsiveness; and
WHEREAS, the DEA has determined that consumption of synthetic stimulants affect
alertness, and have been linked to severe psychotic episodes, increased heart rates, panic attacks,
and hallucinations; and
WHEREAS, the American Association of Poison Control Centers has reported 2,700
synthetic cannabinoid-related calls to poison control centers in 49 different states; and
WHEREAS, the City is also aware of fatal overdoses in other Illinois communities and
in other States, which are believed to have resulted from the users' consumption of synthetic
stimulants, cannabinoids or psychedelic/hallucinogens; and
WHEREAS, the City deems it necessary and desirable to prohibit the sale, delivery,
possession and use of products containing synthetic cannabinoids, synthetic stimulants and
synthetic psychedelic/hallucinogens in order to protect the public health, safety and welfare of
the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section One: That the recitals set forth in the preamble are incorporated herein by
reference the same as if they were set forth herein verbatim and they are adopted as the findings
of the City Council of the United City of Yorkville.
Section Two: That Title 5, Chapter 3 of the Yorkville City Code, as amended, be and is
hereby amended by adding Section 5-3-12 to read as follows:
"5-3-12: Synthetic Alternative Drugs.
A. Definitions.
For purposes of this section, the following definitions shall apply unless the context
clearly indicates or requires different meaning:
(1) A product containing a synthetic alternative drug means any product containing a
synthetic cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein
such as, but not limited to, the examples of brand names or identifiers listed in subsections two,
three and four.
(2) Synthetic cannabinoid means any laboratory-created compound that functions similar
to the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to,
any quantity of a natural or synthetic material, compound, mixture, preparation, substance and
their analog (including isomers, esters, ethers, salts, and salts of isomers) containing a
cannabinoid receptor agonist, such as:
• JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole)
• JWH-015 ((2-Methyl-l-propyl-lH-indol-3-yl)-1-naphthalenylmethanone)
• JWH-018 (1-pentyl-3-(1-naphthoyl)indole)
• JWH-019 (1-hexyl-3-(naphthalen-l-oyl)indole)
• JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone)
• JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)
• JWH-098 (4-methoxynaphthalen-l-yl-(1-pentyl-2-methylindol-3-yl)methanone)
• JWH-122 (1-Pentyl-3-(4-methyl-l-naphthoyl)indole)
• JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
• JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone)
• JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone
• JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone
• JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole)
• JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole)
• JWH-398 (1-pentyl-3-(4-chloro-l-naphthoyl)indole)
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• HU-210 ((6aR,lOaR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol)
• HU-211 ((6aS,lOaS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol)
• HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-
dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol)
• HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-l-yl]-
5-pentyl-2,5-cyclohexadiene-l,4-dione)
• CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]- 5-(2-
methyloctan-2-yl)phenol)
• CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2-yl)phenol) and its
homologues
• WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo
[1,2,3-de)-1,4-benzoxazin-6-yl]-1-nepthalenylmethanone)
• RCS-4 ((4-methoxyphenyl)(1-pentyl-lH-indol-3-yl)methanone)
• RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone)
Street names for synthetic cannabinoids may include, but are not limited to, the following:
• K2 Ultra Incense
• K2 Thai Dream
• K2 Summit
• K2 Blonde
• K2 Solid Sex
• K2 Sky
• K2 Huckleberry
• K2 Citron
• K2 Pink
• K2 Pineapple
• K2 Standard
• K2 Ultra
• Spice
• Kronic Skunk Blend
• Wickedspice
• Formula 420
• Quick Fix Plus
• Cloud Nine Incense
• Smoke Buddy
• Triad Blue Label 1
• Purple Haze Max
• Flying Buddha Nirvana
• Flying Buddha Rubia
• Flying Buddha Royal
• Flying Buddha Zen
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• Flying Buddha Rose
• Flying Buddha Aqua
• Flying Buddha Golden
• Black Mamba Strawberry
• Black Mamba Tangerine
• Black Mamba Vanilla
(3) Synthetic stimulant means any compound that mimics the effects of any federally
controlled Schedule I substance such as cathinone, methcathinone, MDMA and MDEA,
including, but not limited to, any quantity of a natural or synthetic material, compound, mixture,
preparation, substance and their analog (including salts, isomers, and salts of isomers) containing
substances which have a stimulant effect on the central nervous system, such as:
• 3-Fluoromethcathinone
• 4-Fluoromethcathinone (other name: flephedrone)
• 3,4-Methylenedioxymethcathinone (other name: methylone, MDMC)
• 3,4-Methylenedioxypyrovalerone (other name: MDPV)
• 4-Methylmethcathinon (other names: mephedrone, 4-MMC)
• 4-Methoxymethcathinone (other names: methedrone,bk-PMMA, PMMC)
• 4-Ethylmethcathinone (other name: 4-EMC)
• Ethcathinone
• Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-
MBDB)
• Napthylpyrovalerone (other names: naphyrone, NRG-1)
• N,N-dimethylcathinone (other name: metamfepramone)
• Alpha-pyrrolidinopropiophenone(other name: alpha-PPP)
• 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
• 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP)
• Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
• 6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxal-6-amine) (other name: MDAI)
• Any compound that is structurally derived from 2-amino-l-phenyl-l-propanone
by modification or substitution in any of the following ways:
• in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl,
or halide substituents, whether or not further substituted in the phenyl ring by
one or more other univalent substituents;
• at the 3-position with an alkyl substituent;
•
at the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups;
• or by inclusion of the nitrogen atom in a cyclic structure.
Street names for synthetic stimulants may include, but are not limited to, the following:
• Bliss
• Blue Silk
• Cloud Nine
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• Drone
• Energy-1
• Ivory Wave
• Lunar Wave
• Meow Meow
• Ocean Burst
• Pure Ivory
• Purple Wave
• Red Dove
• Snow Leopard
• Stardust
• Vanilla Sky
• White Dove
• White Knight
• White Lightening
(4) Synthetic psychedelic/hallucinogen means any compound that mimics the
effectsof any federally controlled Schedule I substance, including but not limited to, any quantity
of a natural or synthetic material, compound, mixture, preparation, substance and their analog
(including salts, isomers, esters, ethers and salts of isomers) containing substances which have a
psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
• 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
• 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
• 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
• 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
• 2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
• 2-(4-(Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
• 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
• 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
• 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
Street names for synthetic psychedelic/hallucinogens may include, but are not limited to, the
following:
• Maria Pastoria
• Sally-D
• Salvia
B. Sale or Delivery. It shall be unlawful for any person to sell, offer for sale or deliver any
product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
C. Possession. It shall be unlawful for any person to knowingly possess a product containing a
synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
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D. Use. It shall be unlawful for any person to be under the influence of a synthetic cannabinoid,
stimulant or psychedelic/hallucinogen.
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E. Penalties. The first time within a 12 month period any person is found to be in violation of
this Section shall receive a written notice of violation and a minimum fine of five hundred
dollars ($500). Subsequent violations within a 12 month period shall be punished by a minimum
fine of seven hundred fifty dollars ($750) and the revocation of a tobacco and/or liquor license, if
any, for a minimum of one (1) business day. Each violation of this section, or everyday a
violation continues to exist, shall constitute a new and separate violation.
Section Three: That this Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Section Four: That all ordinances or parts of ordinances thereof in conflict herewith are
hereby repealed to the extent of any such conflict.
Section Five: That any Section or provision of this ordinance that is construed to be
invalid or void shall not affect the remaining sections or provisions which shall remain in full
force and effect thereafter.
Passed by the City Council oft United City of Yorkville, Kendall County, Illinois this
day of I 9r, Q , A.D. 2011.
CIT CLERK
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ROSE ANN SPEARS DIANE TEELING
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GEORGE GILSON JR. JACKIE MILSCHEWSKI `
CARLO COLOSIMO f MARTY MUNNS ^~
CHRIS FUNKHOUSER y— LARRY KOT Y
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of L90'0 4k 2011.
MAY kt-,4
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