Allegany County, MD
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of County Commissioners of Allegany County 9-13-2012 by Bill No. 6-12, effective 9-13-2012. Amendments noted where applicable.]

§ 275-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CANNABIMIMETIC AGENT
Any substance, of whatever name called, that is a cannabinoid receptor type 1 (CB, receptor) agonist as demonstrated by binding studies and functional assays within the structural classes identified below:
A. 
2-(3-hydroxycyclohexyl)phenol with substitution at the five-position of the phenolic ring by akyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.
B. 
3-(1-naphthoyl)indole or 3-(1-naphthyl)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.
C. 
3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.
D. 
1-(1-naphthylmethyl)indene by substitution of the three-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.
E. 
3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.
HALLUCINOGENIC CHEMICAL SUBSTANCE
Any product or substance, of whatever name called, that contains one or more of the following chemical compounds:
A. 
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497).
B. 
5-(1,1-dimethyloctyl)-2-[(lR,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-44, 497 C8-homolog).
C. 
1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678).
D. 
1-butyl-3-(1-naphthoyl)indole (JWH-073).
E. 
1-hexyl-3-(1-naphthoyl)indole (JWH-019).
F. 
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200).
G. 
1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250).
H. 
1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081).
I. 
1-pentyl-3-(4-methyl-l-naphthoyl)indole (JWH-122).
J. 
1-pentyl-3-(4-chloro-l-naphthoyl)indole (JWH-398).
K. 
1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201).
L. 
1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694).
M. 
1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4).
N. 
1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8).
O. 
1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
SALVIA
A material, compound, mixture or preparation in any form that contains the component salvinorin A, and is known variously as Salvia, Salvia divinorum, Ska Pastora, Diviner's Mint, Sally-D, Lady Salvia or any other name.
SALVIA PARAPHERNALIA
Equipment, a product, or material that is used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing salvia; or injecting, ingesting, inhaling or otherwise introducing salvia into the human body, as defined and set forth in § 5-101 of the Criminal Law Article of the Annotated Code of Maryland, pursuant to the factors set forth in § 5-619 of said Criminal Law Article.
SYNTHETIC DRUG PARAPHERNALIA
Equipment that is used, intended for use, or is designed for use in manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a cannabimimetic agent or hallucinogenic chemical substance; or injecting, ingesting, inhaling, or otherwise introducing a cannabimimetic agent or hallucinogenic chemical substance into the human body as defined and set forth in § 5-101 of the Criminal Law Article of the Annotated Code of Maryland pursuant to the factors set forth in § 5-619 of said Criminal Law Article.

§ 275-2 Prohibited acts.

A. 
It shall be unlawful to possess, or administer to another, salvia.
B. 
It shall be unlawful to manufacture, distribute, or dispense salvia.
C. 
It shall be unlawful to distribute or attempt to distribute a noncontrolled substance that the person represents is salvia; that the person intends for use or distribution as salvia; or under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as salvia.
D. 
It shall be unlawful to possess or purchase a noncontrolled substance that the person reasonably believes is salvia.
E. 
It shall be unlawful to use, or possess with intent to use, salvia paraphernalia.
F. 
It shall be unlawful to offer for sale, deliver, sell or distribute salvia paraphernalia.
G. 
It shall be unlawful to own, rent or otherwise utilize a store, dwelling, building or other facility for the purpose of administering, selling, displaying, distributing, possessing, or dispensing salvia; or for manufacturing, distributing, dispensing, storing or concealing salvia paraphernalia.
H. 
It shall be unlawful to possess or administer to another a cannabimimetic agent.
I. 
It shall be unlawful to manufacture, distribute, or dispense a cannabimimetic agent.
J. 
It shall be unlawful to distribute or attempt to distribute a noncontrolled substance that the person represents is cannabimimetic agent; that the person intends for use or distribution as a cannabimimetic agent; or under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as a cannabimimetic agent.
K. 
It shall be unlawful to possess or purchase a noncontrolled substance that the person reasonably believes is a cannabimimetic agent.
L. 
It shall be unlawful to possess or administer to another a hallucinogenic chemical substance.
M. 
It shall be unlawful to manufacture, distribute, or dispense a hallucinogenic chemical substance.
N. 
It shall be unlawful to distribute or attempt to distribute a noncontrolled substance that the person represents is a hallucinogenic chemical substance; that the person intends for use or distribution as a hallucinogenic chemical substance; or under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as a hallucinogenic chemical substance.
O. 
It shall be unlawful to possess or purchase a noncontrolled substance that the person reasonably believes is a hallucinogenic chemical substance.
P. 
It shall be unlawful to use or possess with intent to use synthetic drug paraphernalia.
Q. 
It shall be unlawful to offer for sale, deliver, sell or distribute synthetic drug paraphernalia.
R. 
It shall be unlawful to own, rent or otherwise utilize a store, dwelling, building or other facility for the purpose of administering, selling, displaying, distributing, possessing, or dispensing a cannabimimetic agent or a hallucinogenic chemical substance; or for manufacturing, distributing, dispensing, storing or concealing synthetic drug paraphernalia.
S. 
It shall be unlawful to offer for sale, deliver, sell, or distribute any product that contains a synthetic drug or is chemically enhanced, by whatever name.

§ 275-3 Violations and penalties.

A person who is convicted of any prohibited act under this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to imprisonment for up to six months or a fine of up to $1,000, or both.