[HISTORY: Adopted by the Board of Supervisors of the Township
of Athens as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-12-2011 by Ord. No. 2011-03[1]]
[1]
Editor's Note: This ordinance takes effect 4-18-2011.
The U.S. Drug Enforcement Agency has issued an order directing
that chemicals JWH-018, JWH-073, JWH-200, CP-47, 497, CP55, 940, WIN55,
212-2, HU-210 and cannabicyclohexanol contained in products marketed
as potpourri and incense are classified as Schedule I controlled substances.
A.
The Pennsylvania Poison Control Center reported that products containing
methylenedioxypyrovalerone and marketed as "bath salts" have been
linked to serious physical effects to persons resulting in hospitalization
and death.
B.
The above chemicals pose health, safety and welfare issues for the
residents of the Township of Athens, Bradford County, Pennsylvania.
The following terms shall have the following meanings, unless
the context clearly indicates that a different meaning is intended:
Actual, constructive or attempted transfer of possession
of synthetic cannabis and synthetic drugs, with or without consideration,
whether or not there is an agency relationship.
Knows, acts knowingly or with knowledge:
The nature or attendant circumstances of his/her conduct, described
by the section defining the offense, when he/she is consciously aware
that his/her conduct is of such nature or that such circumstances
exist. Knowledge of a material fact includes awareness of the substantial
probability that such fact exists.
The results of his/her conduct, described by the section defining
the offense, when he/she is consciously aware that such result is
likely to be caused by his/her conduct.
Knowledge may be inferred from the surrounding circumstances.
The production, preparation, propagation, compounding, conversion
or processing of synthetic cannabis or synthetic drugs, 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.
A psychoactive drug with stimulant properties which acts
as a norepinephrine-dopamine reuptake inhibitor (NDRI). Reportedly,
it has been sold since around 2004 as a research chemical. It is also
known as "MDPK," "Magic," "Super Coke" and "PV." In 2010 it was reportedly
sold as a legal drug alternative and marketed in the United States
as "bath salts" (under such names as "Cloud 9," "Ivory Wave," "Ocean,"
"Charge Plus," "White Lightning," "Scarface," "Hurricane Charlie,"
"Vanilla Sky," "Bonzai Grow," "Blue Silk," "Serenity Now," "Lovey
Dovey," "Euphoria," "Aura," "Red Dove" and "White Dove."
Any individual, corporation, business trust, estate, trust,
partnership or association, or any other entity.
Possession may be either actual or constructive.
Planting, cultivating, tending or harvesting
Includes the brand names K2 and Spice. It is a herbal and
chemical product which mimics the effects of cannabis, including but
not limited to synthetic cannabinoids, cannabicyclohexanol, JWH-018,
JWH-073, JWH-200, HU-210, CP-47, 497, CP55 and 212-2.
It is unlawful for any persons or corporation, knowing or under
circumstances where one reasonably should know, to sell, lend, rent,
lease, give, exchange, or otherwise distribute to any persons or corporation
any product containing the following chemicals: JWH-018, JWH-073,
JWH-200, CP-47, 497, cannabicyclohexanol, CP55, 490, HU-210 or Methylenedioxypyrovalerone
and marketed as Cloud 9, Ivory Wave, Ocean, Charge Plus, White Lightning,
Scarface, Hurricane Charlie, Red Dove and White Dove, Spice, K-2,
Blaze and Red X Dawn, but not limited to incense, potpourri, plant
fertilizers, insect repellant or bath salts.
It is unlawful for any person or corporation, knowing or under
any circumstances where one reasonably should know, to display for
sale or possess with intent to distribute any product containing the
following chemicals: JWH-018, JWH-073, JWH-200, CP-47, 497, cannabicyclohexanol,
CP55, 490, HU-210 or methylenedioxypyrovalerone and marketed as Cloud
9, Ivory Wave, Ocean, Charge Plus, White Lightning, Scarface, Hurricane
Charlie, Red Dove and White Dove, Spice, K-2, Blaze and Red X Dawn,
but not limited to incense, potpourri, plant fertilizers, insect repellant
or bath salts.
It is unlawful for any person to use, or to possess with intent
to use, ingest, inhale, or otherwise introduce into the human body
any product containing the following chemicals: JWH-018, JWH-073,
JWH-200, CP-47, 497, cannabicyclohexanol, CP55, 490, HU-210 or methylenedioxypyrovalerone
and marketed as Cloud 9, Ivory Wave, Ocean, Charge Plus, White Lightning,
Scarface, Hurricane Charlie, Red Dove and White Dove, Spice, K-2,
Blaze and Red X Dawn, but not limited to incense, potpourri, plant
fertilizers, insect repellant or bath salts.
A.
Violation. No person shall possess any substance containing synthetic
cannabis or synthetic drugs.
B.
Penalty. Any person who pleads guilty of a summary offense or is
found guilty by a court of law of a summary offense shall be punished
by a minimum fine of not less than $100 and no more than $300 and/or
undergo imprisonment for not more than 90 days.
C.
Administrative fee. In addition, any person who violates any provision
of this article and is convicted, pleads guilty, receives court supervision
or probation by a court of law shall be ordered to pay an administrative
fee to the law enforcement agency for testing of the substance(s)
collected.
D.
Forfeiture. Any items which may be seized or forfeited pursuant to
statutes or guidelines for the Commonwealth of Pennsylvania may be
forfeited in the same manner as described therein for a violation
of this article.
