[Adopted 4-5-2011 by Ord. No. 23-2011]
The following words, terms and phrases when used in this article
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning. When not inconsistent
with the context, words used in the present tense include the future;
words in the plural number include the singular number; words in the
singular shall include the plural, and words in the masculine shall
include feminine and neuter.
Actual, constructive or attempted transfer of possession
of MDVP and synthetic drugs, with or without consideration, whether
or not there is an agency relationship.
To deliver either with or without MDVP or other synthetic
drugs and/or their derivatives.
A person acts knowingly with respect to a material element
of this article when:
The element involves the nature of his/her conduct or the attendant
circumstances so that the person knows or should have known that the
conduct is of that nature or that such circumstances exist; and
If the element involves a result of the person's conduct,
the person knows or should have known that it is practically certain
that the conduct will cause such a result.
The results of his/her conduct, described by the section defining
the offense, when he/she knows or should have known that such a result
is likely to be caused by his/her conduct.
The production, preparation, propagation, compounding, conversion
or processing of MDPV and/or their derivatives, either directly or
indirectly, by extraction from substances of natural origin, or independently
by means of chemical synthesis, and includes any packaging or repackaging
of synthetic cannabis or synthetic drugs or labeling of its container,
except that this term does not include the preparation, compounding,
packaging or labeling of synthetic cannabis or synthetic drugs as
an incident to lawful research, teaching or chemical analysis and
not for sale.
Compounds or psychoactive drugs with stimulant properties
which act as a norepinephrine-dopamine reuptake inhibitor (NDRI) or
that work on the same receptors as the chemical compounds in methamphctamines
and/or any derivatives and synthetic cannabis and/or its derivatives
for human consumption or ingestion thereof, including but not limited
to the following street or brand names: Ivory Wave, Bounce, Plant
Food, Meph, Mad Cow, Shake N'Vac, Drone, Bubbles, Meow Meow,
MCAT, and 4MMC (hereinafter at times collectively referred to as "MDPV").
Any individual, including adults or minors, partnership,
corporation, limited liability company, trust, association, owner,
contractor, salesperson, or any other form of entity or the combination
or joint venture thereof.
Possession may be actual or constructive:
Planting, cultivating, tending or harvesting or the mixing
of or combining any chemicals, herbs or any materials, whether solid
or liquid that result in the creation of MDPV and/or their derivatives.
It shall be unlawful for any person to knowingly, recklessly
or under the circumstances where one should know to:
A.Â
Sell at retail or wholesale MDPV commonly referred to as "bath salts"
and/or its derivatives;
B.Â
Possess any MDPV commonly referred to as "bath salts" and/or its
derivatives; and
C.Â
Give, exchange, deliver, aid, assist or abet another person in obtaining
methadone commonly referred to as "bath salts" and/or its derivatives.
D.Â
Manufacture any MDPV commonly referred to as "bath salts" and/or
its derivatives; and
E.Â
Produce any MDPV commonly referred to as "bath salts" and/or its
derivatives.
Any person, firm or corporation violating any provision of this
article shall, upon conviction thereof, be guilty of a summary offense,
and shall be fined not to exceed $300 for any one offense, recoverable
with costs, together with judgment or imprisonment not to exceed 30
days per offense.
