[HISTORY: Adopted by the City Council of the City of Bangor 5-13-2013 by Ord. No. 13-154. Amendments noted where applicable.]
Chemical dependency treatment facilities — See Ch. 93.
Medical marijuana dispensaries — See Ch. 177.
The purpose of this chapter is to regulate the availability of products which are enhanced with synthetic chemicals, which chemicals mimic the effects of controlled substances on users, because these products are a danger to the public health, safety and welfare.
For purposes of interpreting this chapter, the following terms, phrases, words and their derivatives shall have the meanings given herein, unless the context clearly indicates or requires a different meaning:
- A. Any crystalline or powder product in crystalline, loose powder, block, tablet, or capsule form, or any stimulant-type product, when the label is in any way false or misleading, or which does not contain a label specifying:
- B. Street names for these products include, but are not limited to: Bliss, Blue Silk, Cloud Nine, Drone, Energy-1, Ivory Wave, Lunar Wave, Meow Meow, Ocean Burst, Pure Ivory, Purple Wave, Red Dove, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Knight, White Lightening, Blizzard, Bonzai Grow, Charge Plus, Charlie, Euphoria, Hurricane, Lunar Wave, Ocean, Pixie Dust, Posh, Scarface, Lovely Dovey, Aura, MDPV, MDPK, MTV, Maddie, Hurricane Charlie, Black Rob, Super Coke, PV, Peeve, Meph, Drone, MCAT.
- C. This definition shall include any product to which any synthetic chemical or synthetic chemical compound has been added which has no legitimate relation to the advertised use of the product, whether or not the label meets the requirements herein.
- An article that is intended to affect the function of the body of humans.
- ILLICIT SYNTHETIC DRUGS
- Spice, synthetic cannabinoids, synthetic marijuana, bath salts, synthetic cathinones, synthetic stimulants, and misbranded drugs, as defined herein.
- MISBRANDED DRUG
- Any drug for which:
- A. The label is in any way false or misleading;
- B. The label does not bear the name and place of business of the manufacturer, repackager, or distributor of the finished form of the drug;
- C. The label does not bear adequate directions for use; or
- D. The label does not bear adequate warnings against use.
- A. Any aromatic plant material in granular, loose leaf or powder form, or in liquid or as a food additive, or any herbal-incense-type stimulant or hallucinogen product, when the label is in any way false or misleading, or which does not contain a label specifying:
- B. Street names for these products include, but are not limited to: Bliss, Black Mamba, Bombay Blue, Fake Weed, Genie, Spice, Zohai, K2, K3, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Stinger, Ocean Blue, Serenity, Chronic Spice, Spice Gold, Spice Silver, Skunk, Mr. Nice Guy, Mr. Happy, K3 Legal, Sence, Smoke, Chill X, Earth Impact, Galaxy Gold, Space Truckin, Solar Flare, Moon Rocks, Aroma, Scope, Sky High, Atomic, G-20, Guerrilla Warfare, Makes Scents, g-13, Tiger Shark, California Dreams, Dank, Bullet, Mind Trip, Voodoo Child, Jazz, Nightlights, Matrix, Hypnotiq, AK47, Maui Wowie, Cloud 9, Daylights, Joker, Dead Man Walking, Brain Storm, Soul Sence, Kush, Kush Mania, Dragons Fire, Lucid, Mad Hatter, Scooby Snax, D-ZL, OMG, Demon, Barely In, Pineapple Express, Hayze.
- C. This definition shall include any plant material to which any synthetic chemical or synthetic chemical compound has been added which has no legitimate relation to the advertised use of the product, whether or not the label meets the requirements herein.
- SYNTHETIC CHEMICAL or SYNTHETIC CHEMICAL COMPOUND
- Any chemical or chemical compound whose molecular makeup is similar to those substances listed as controlled substances in 17-A M.R.S.A. § 1101, Subdivision 16-A (including any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers of such substances), or to those substances listed in 17-A M.R.S.A. § 1102, Subdivision 4F, and whose intended use, when introduced into the human body, is to mimic or simulate the effects of a controlled substance.
It is unlawful for any person to possess, use, provide, sell, produce, manufacture, or distribute, or to offer, display, market, or advertise for sale, any illicit synthetic drug.
In determining whether a product is prohibited by this chapter, statements on package labeling such as "not for human consumption" may be disregarded when other relevant factors (viewed alone or in totality) indicate that the product is intended to be consumed or ingested by humans or is a product regulated by this chapter. Other relevant factors that may be used to determine whether a product or sale is prohibited by this chapter include, but are not limited to: verbal or written representations at the point of sale regarding the purpose, methods, use, or effect of the product; aspects of the packaging or labeling suggesting that the user will achieve a "high," euphoria, relaxation, mood enhancement, or that the product has other effects on the body; the cost of the product is disproportionately higher than other products marketed for the same use; the product contains a warning label stating or suggesting that the product is in compliance with state laws regulating controlled substances; the product's name or packaging uses images or slang referencing an illicit street drug; illicit or underground methods of sale or delivery are employed by the seller or provider; or the product resembles an illicit street drug such as cocaine, methamphetamine, or marijuana.
Defense. It shall be a defense to the prosecution of a violation of this chapter that a product is specifically excepted by, or regulated within and in compliance with, state or federal law. For the purposes of this section, it shall not be a defense that a product is not subject to regulation unless the product is specifically exempt from regulation; mere "nonregulation" by these acts without a specific regulatory exemption does not render a product exempt under this section.
It is unlawful for any person to provide, sell, or offer for sale a product for human consumption when the product is labeled "not for human consumption" or contains similar warnings.
Each package shall be a separate violation. The fine for each violation shall be $500.
Any products found in violation of this section may be seized and held as evidence to be used in any future proceeding and may be disposed of as appropriate after their use for evidentiary purposes is no longer required.
Because synthetic drugs are an immediate and ever-present threat to the public safety and to the health of young people in particular, and are causing psychological and physical affects to users, this chapter is deemed to be an emergency measure and shall become effective immediately in order to protect the public health and safety.