[R.O. 2011 § 215.1390; R.O. 2009 § 135.22; CC 1981 § 20-134; Ord. No. 82-14, 3-17-1982]
Any person eighteen (18) years of age or over who violates Section 215.1305 by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his/her junior is guilty of a separate and special offense and upon conviction shall be subject to the penalty set forth in Section 215.1405.
[1]
Cross Reference: As to penalty, § 215.1405.
[R.O. 2011 § 215.1395; R.O. 2009 § 135.23; CC 1981 § 20-135; Ord. No. 82-14, 3-17-1982]
It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
[1]
Cross Reference: As to penalty, § 215.1405.
[R.O. 2011 § 215.1400; Ord. No. 11-77 § 1, 4-20-2011]
A. 
For purposes of this Section, the following words mean:
DELIVER
The actual, constructive, or attempted transfer from one person to another of MDPV, whether or not there is an agency relationship, and includes a sale.
DISTRIBUTE
To deliver other than by administering or dispensing MDPV.
MDPV
Includes any material, compound, mixture or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers and salts of isomers of 3.4 Methylenedioxyprovalerone, Methylone, Mephedrone, 4-methoxymethcathinone, 4-Fluoromethcathinine, and 3-Fluoromethcathinone.
POSSESS
With the knowledge of the presence and nature of a substance, either actually or constructively in control of a substance. A person has actual possession if he/she has the substance on his/her person or within easy reach and convenient control. A person who, although not in actual possession, has the power and intention at a given time to exercise dominion or control over the substance either directly or through another person or persons is in constructive possession of it.
B. 
It shall be unlawful for any person to possession, distribute or deliver any substance containing MDPV.
C. 
The penalty for violation of this Section is set forth in Section 100.150 of the Code of Ordinances.
[R.O. 2011 § 215.1405; R.O. 2009 § 135.99; CC 1981 §§ 20-131, 20-134, 20-136; Ord. No. 75-73, 12-10-1975; Ord. No. 82-14, 3-17-1982; Ord. No. 10-62 § 2, 4-13-2010]
A. 
Any person who violates the provisions of Section 215.1355, 215.1360 or 215.1390 shall be confined in the City jail for a term of not more than one (1) year or be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00), or be punished by both such confinement and fine.
B. 
Any person who shall violate Section 215.1395 and no penalty is otherwise provided, shall pay a civil penalty as follows:
Section
Offense
First Offense
Second Offense
Third and Subsequent Offenses
215.1395
Advertisement of drug paraphernalia
$100.00
$300.00
$500.00