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Dorchester County, MD
 
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New Laws (2) Index
[HISTORY: Adopted by the County Council of Dorchester County as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-2009 by Bill No. 2009-14]
A. 
Legislative findings. The County Council of Dorchester County, Maryland has determined that:
(1) 
Salvia is known to be a hallucinogenic psychoactive substance which can cause a loss of physical coordination, visual alterations or visions, multiple realities, a sense of total confusion or madness, a sense of flying, floating, twisting or turning, a loss of sense of awareness as an individual, and other hallucinations; and
(2) 
The County Council of Dorchester County, Maryland has received recommendations from the Sheriff of Dorchester County, Maryland and the Dorchester County Health Department that regulations be established to prohibit the possession and distribution of salvia and its related paraphernalia; and
(3) 
The County Council of Dorchester County, Maryland believes that it is in the best interest of the health, safety and general welfare of its citizens and sojourners to prohibit the possession and distribution of salvia, and its related paraphernalia.
B. 
Definitions. For the purposes of this section, the following definitions shall apply:
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, as from time to time amended, pursuant to the factors set forth in § 5-619 of the Criminal Law Article of the Annotated Code of Maryland, as from time to time amended.
C. 
Prohibited acts. The following acts are hereby prohibited:
(1) 
It shall be unlawful to possess or administer to another salvia.
(2) 
It shall be unlawful to manufacture, distribute, or dispense salvia.
(3) 
It shall be unlawful to distribute, attempt to distribute a noncontrolled substance:
(a) 
That the person represents is salvia;
(b) 
That the person intends for use or distribution as salvia; or
(c) 
Under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as salvia.
(4) 
It shall be unlawful to possess or purchase a noncontrolled substance that the person reasonably believes is salvia.
(5) 
It shall be unlawful to use or possess with intent to use salvia paraphernalia.
(6) 
It shall be unlawful to offer for sale, deliver, sell or distribute salvia paraphernalia.
(7) 
It shall be unlawful to own, rent or otherwise utilize a store, dwelling, building or other facility for:
(a) 
The purpose of administering, selling, displaying, distributing, possessing, or dispensing salvia; or
(b) 
Manufacturing, distributing, dispensing, storing or concealing salvia paraphernalia.
D. 
Violations and penalties. A person who is convicted of any prohibited act under this article shall be guilty of a misdemeanor and be subject to imprisonment for up to six months, or fined up to $1,000, or both.