[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.]
As used in this chapter, the following terms shall have the
meanings indicated:
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:
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.
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.
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.
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.
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-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(CP-47,497).
5-(1,1-dimethyloctyl)-2-[(lR,3S)-3-hydroxycyclohexyl]-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-methoxynaphthoyl)]indole (JWH-081).
1-pentyl-3-(4-methyl-l-naphthoyl)indole (JWH-122).
1-pentyl-3-(4-chloro-l-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-chlorophenylacetyl)indole (JWH-203).
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 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.
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.
A.Â
It shall be unlawful to possess, or administer to another, salvia.
B.Â
It shall be unlawful to manufacture, distribute, or dispense salvia.
C.Â
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.Â
It shall be unlawful to possess or purchase a noncontrolled substance
that the person reasonably believes is salvia.
E.Â
It shall be unlawful to use, or possess with intent to use, salvia
paraphernalia.
F.Â
It shall be unlawful to offer for sale, deliver, sell or distribute
salvia paraphernalia.
G.Â
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.Â
It shall be unlawful to possess or administer to another a cannabimimetic
agent.
I.Â
It shall be unlawful to manufacture, distribute, or dispense a cannabimimetic
agent.
J.Â
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.Â
It shall be unlawful to possess or purchase a noncontrolled substance
that the person reasonably believes is a cannabimimetic agent.
L.Â
It shall be unlawful to possess or administer to another a hallucinogenic
chemical substance.
M.Â
It shall be unlawful to manufacture, distribute, or dispense a hallucinogenic
chemical substance.
N.Â
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.Â
It shall be unlawful to possess or purchase a noncontrolled substance
that the person reasonably believes is a hallucinogenic chemical substance.
P.Â
It shall be unlawful to use or possess with intent to use synthetic
drug paraphernalia.
Q.Â
It shall be unlawful to offer for sale, deliver, sell or distribute
synthetic drug paraphernalia.
R.Â
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.Â
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.
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.