[Adopted 4-5-2011 by Ord. No. 25-2011]
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 synthetic cannabinoids with or without consideration, whether or
not there is an agency relationship.
To deliver either with or without synthetic cannabinoids
or other synthetic drugs and/or its 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 synthetic cannabinoids and/or its 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 cannabinoids or synthetic drugs
or labeling of its container, except that this term does not include
the preparation, compounding, packaging or labeling of synthetic cannabinoids
or synthetic drugs as an incident to lawful research, teaching or
chemical analysis and not for sale.
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 synthetic cannabinoids and/or
its derivatives.
An herbal and chemical product which mimics the effects of
cannabinoids, including but not limited to synthetic cannabinoids,
cannablcvclohexano, synthetic cannabis, JWH-015, JWH-018, JWH-073,
JWH-200, Win-55, HU-210, HU-211, CP-47, 497, CP 55, 940 and 212-2
and is distributed or sold under the brand names, including, but not
limited to SPICE-Diamond, Gold, Tropical Synergy, Arctic Synergy,
Gold Spirit, PEP Spice, Yucatan Fire, Smoke, K2, Skunk, Space, K2
Citron and K2 Blonde (hereinafter at times collectively referred to
as "synthetic cannabinoids").
It shall be unlawful for any person to knowingly, recklessly
or under the circumstances to:
A.
Sell at retail or wholesale synthetic cannabinoids and/or its derivatives;
B.
Possess any synthetic cannabinoids and/or its derivatives; and
C.
Give, exchange, deliver, aid, assist or abet another person in obtaining
synthetic cannabinoids and/or its derivatives;
D.
Manufacture any synthetic cannabinoids and/or its derivatives; and
E.
Produce any synthetic cannabinoids and/or its derivatives; and
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.
