[HISTORY: Adopted by the City Council of the City of Bangor 5-13-2013 by Ord. No.
13-154. Amendments noted where applicable.]
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:
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:
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.
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.
Spice, synthetic cannabinoids, synthetic marijuana, bath
salts, synthetic cathinones, synthetic stimulants, and misbranded
drugs, as defined herein.
Any drug for which:
The label is in any way false or misleading;
The label does not bear the name and place of business of the
manufacturer, repackager, or distributor of the finished form of the
drug;
The label does not bear adequate directions for use; or
The label does not bear adequate warnings against use.
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:
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.
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.
Any chemical or chemical compound whose molecular makeup
is similar to those substances listed as Schedule W drugs in 17-A
M.R.S.A. § 1102, Subdivision 1P, or to those substances
listed in 17-A M.R.S.A. § 1102, Subdivision 4G, and whose
intended use, when introduced into the human body, is to mimic or
simulate the effects of a controlled substance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
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.
B.
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.
C.
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.
A.
Each package shall be a separate violation. The fine for each violation
shall be $500.
B.
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.
