Q Does a board of supervisors have authority to adopt an ordinance prohibiting the sale within the boundaries of that county of the substance referred to as “imitation pot”, also know as “K2”, “Spice”, “Genie”, or “Zohal”, or other similar substances?
A Yes. Pursuant to Home Rule authority, and its police powers, a board of supervisors may adopt an ordinance prohibiting the sale of “imitation pot” within the county’s boundaries, if the substance does not fall within the statutory definition of a synthetic cannabinoid or other controlled substance. (Attorney General’s Opinion to Shepard dated August 25, 2010) NOTE: The Mississippi Legislature, during the 2010 Second Extraordinary Session, passed Senate Bill 2004, effective September 3, 2010, adding synthetic cannabinoids as a Schedule I controlled substance as defined in Section 41-29-113.