This article is enacted to protect, preserve and promote the
health, safety and welfare of the citizens of the City of Mendota
by prohibiting the use, possession, distribution, or delivery of any
substance containing MDPV or synthetic cannabinoids as hereinafter
defined, it being the specific finding of the City of Mendota that
such substances have a dangerous effect upon anyone using and/or ingesting
said substances and have no medicinal or beneficial purposes.
As used in this article, the following words and/or phrases
shall have the following meanings set forth herein:
DELIVER
The actual, constructive, or attempted transfer from one
person to another of MDPV or cannabis, whether or not there is an
agency relationship, and includes a sale.
DISTRIBUTE
To deliver other than by administering or dispensing MDPV
or synthetic cannabis.
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-Methoxymetheathinone, 4-Flouromethcathinine, and 3-Flouromethcathinone.
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 has the substance on his 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.
SYNTHETIC CANNABIS
Includes any material, compound, mixture or preparation containing
any quantity of the following substances: cannabicyclohexanol, JWH-018,
JWH-073, CP-47, 497, HU-210 and JWH-200 or any other synthetic cannabinoid
made illegal by the United States federal government.
USE
The partaking, inhaling, smoking, consumption, ingestion
or injection of MDPV or synthetic cannabis.
It shall be unlawful for any person to use, possess, distribute
or deliver any substance containing MDPV or synthetic cannabinoids
as defined in this article.
Any person who shall violate any provision of this article shall, upon conviction, be fined as set forth in Chapter
1, Article
III, Penalties and Enforcement, of the City Code.