[Added 9-1-2009 by Bill No. 09-5]
(a)
Legislative findings. The County Commissioners
have 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 realties, 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 Commissioners of Worcester County, Maryland have received
reports from the Ocean City Police Department as to the dangers associated
with the ingestion of salvia; and
(3)
The County Commissioners of Worcester County, Maryland believe 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)
SALVIA
SALVIA PARAPHERNALIA
Definitions. For the purposes of this section,
the following definitions shall apply:
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.
Equipment, a product, or material that is used, intended
for use, or designed for use, in: (i) planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, or concealing salvia; or (ii) 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 non-controlled
substance: (i) that the person represents is salvia; (ii) that the
person intends for use or distribution as salvia; or (iii) under circumstances
where one reasonably should know that the non-controlled substance
will be used or distributed for use as salvia.
(4)
It shall be unlawful to possess or purchase a non-controlled 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: (i) the purpose of administering,
selling, displaying, distributing, possessing, or dispensing salvia;
or (ii) manufacturing, distributing, dispensing, storing or concealing
salvia paraphernalia.
(d)
Violations and penalties. A person who is convicted of
any prohibited act under this Subtitle shall be guilty of a misdemeanor
and be subject to imprisonment for up to six (6) months, or fined
up to one thousand dollars ($1,000.00), or both.
[Added 10-18-2011 by Bill No. 11-6]
(a)
Legislative findings. The County Commissioners
have determined that:
(1)
Cannabimimetic agents and hallucinogenic chemical substances
are known to be hallucinogenic psychoactive substances, which can
cause a loss of physical coordination, visual alterations or visions,
multiple realties, 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 Commissioners of Worcester County, Maryland have
received reports from the Ocean City Police Department as to the dangers
associated with the ingestion of cannabimimetic agents and hallucinogenic
chemical substances; and
(3)
The County Commissioners of Worcester County, Maryland believe
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 cannabimimetic agents and hallucinogenic chemical
substances, and its related paraphernalia.
(b)
CANNABIMIMETIC AGENT
(1)
(2)
(3)
(4)
(5)
HALLUCINOGENIC CHEMICAL SUBSTANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
SYNTHETIC DRUG PARAPHERNALIA
Definitions. For the purposes of this section,
the following definitions shall apply:
Any substance, of whatever name called, that is a cannabinoid
receptor type 1 (CB1 receptor) agonist as demonstrated
by binding studies and functional assays within the structural classes
identified below:
2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position
of the phenolic ring by akyl or alkenyl, whether or not substituted
on the cyclohexyl ring to any extent.
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 napthyl ring to any extent.
3-(1-naphthoyl)pryrrole 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.
1-(1-naphthylmethyl)indene by substitution of the 3-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.
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.
Any product or substance, of whatever name called, that contains
one or more of the following chemical compounds:
5-(1, l-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol(CP-47,497)
5-(1, l-dimethyloctyl)-2-[(1R,3S)-3-hydroxcyclohexyl]-phenol(cannabicyclohexanol
or CP-44, 497 C8-homolog)
1-pentyl-3-(1-naphthoyl)indole(JWH-018 and AM678)
1-butyl-3-(1-naphthoyl)indole(JWH-073)
1-hexyl-3-(1-naphthoyl)indole(JWH-019)
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole(JWH-200)
1-pentyl-3-(2-methoxyphenylacetyl)indole(JWH-250)
1-pentyl-3-[1-(4-methoxynaphthoy)]indole(JWH-081)
1-pentyl-3-(4-methyl-1-naphthoyl)indole(JWH-122)
1-pentyl-3-(4-chloro-1-naphthoyl)indole(JWH-398)
1-(5-fluoropentyl)-3-(1-naphthoyl)indole(AM2201)
1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole(AM694)
1-pentyl-3-[(4-methoxy)-benzoyl]indole(SR-19 and RCS-4)
1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole(SR-18 and
RCS-8)
1-pentyl-3-(2-chlorophenylacety)indole(JWH-203)
Equipment that is used, intended for use, is designed for
use in: (i) manufacturing, compounding, converting, producing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, or
concealing a cannabimimetic agent or hallucinogenic chemical substance;
or (ii) 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, 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 a cannabimimetic
agent.
(2)
It shall be unlawful to manufacture, distribute, or dispense
a cannabimimetic agent.
(3)
It shall be unlawful to distribute, attempt to distribute a
non-controlled substance: (i) that the person represents is a cannabimimetic
agent; (ii) that the person intends for use or distribution as a cannabimimetic
agent; or under circumstances where one reasonably should know that
the non-controlled substance will be used or distributed for use as
a cannabimimetic agent.
(4)
It shall be unlawful to possess or purchase a non-controlled
substance that the person reasonably believes is a cannabimimetic
agent.
(5)
It shall be unlawful to possess or administer to another a hallucinogenic
chemical substance.
(6)
It shall be unlawful to manufacture, distribute, or dispense
a hallucinogenic chemical substance.
(7)
It shall be unlawful to distribute, attempt to distribute a
non-controlled substance: (i) that the person represents is a hallucinogenic
chemical substance; (ii) that the person intends for use or distribution
as a hallucinogenic chemical substance; or under circumstances where
one reasonably should know that the non-controlled substance will
be used or distributed for use as a hallucinogenic chemical substance.
(8)
It shall be unlawful to possess or purchase a non-controlled
substance that the person reasonably believes is a hallucinogenic
chemical substance.
(9)
It shall be unlawful to use or possess with intent to use synthetic
drug paraphernalia.
(10)
It shall be unlawful to offer for sale, deliver, sell or distribute
synthetic drug paraphernalia.
(11)
It shall be unlawful to own, rent or otherwise utilize a store,
dwelling, building or other facility for: (i) the purpose of administering,
selling, displaying, distributing, possessing, or dispensing a cannabimimetic
agent or a hallucinogenic chemical substance, or (ii) manufacturing,
distributing, dispensing, storing or concealing synthetic drug paraphernalia.
(d)
Violations and penalties. A person who is
convicted of any prohibited act under this Subtitle shall be guilty
of a misdemeanor and be subject to imprisonment for up to six months,
or fined up to one thousand dollars, or both.
