[HISTORY: Adopted by the City Council of the City of Lock Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-6-2011 by Ord. No. 883]
The following words, terms and phrases when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; words in the singular shall include the plural, and words in the masculine shall include feminine and neuter.
- DELIVER or DELIVERY
- Actual, constructive or attempted transfer of possession of MDVP, synthetic drugs or synthetic cannabinoids with or without consideration, whether or not there is an agency relationship.
- To deliver MDVP, synthetic cannabinoids, or other synthetic drugs and/or their derivatives.
- A person acts knowingly with respect to a material element of this article when:
- A. The element involves the nature of his/her conduct or the attendant circumstances so that the person knows or should have known that the conduct is of that nature or that such circumstances exist; and
- B. If the element involves a result of the person's conduct, the person knows or should have known that it is practically certain that the conduct will cause such a result;
- C. The results of his/her conduct, described by the section defining the offense, when he/she knows or should have known that such a result is likely to be caused by his/her conduct.
- The production, preparation, propagation, compounding, conversion or processing of MDPV and/or their derivatives or synthetic cannabinoids and/or its derivatives, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of synthetic cannabinoids or synthetic drugs or labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of synthetic cannabinoids or synthetic drugs as an incident to lawful research, teaching or chemical analysis and not for sale.
- METHADONE METHYLENEDIOXPYROVALERONE (MDPV)
- Commonly referred to as "bath salts"; Compounds or psychoactive drugs with stimulant properties which act as a norepinephrine-dopamine reuptake inhibitor (NOR) or that work on the same receptors as the chemical compounds in Methamphetamines and/or any derivatives and synthetic cannabis and/or its derivatives for human consumption or ingestion thereof, including but not limited to the following street or brand names: Ivory Wave, Bounce, Plant Food, Meph, Mad Cow, Shake N'Vac, Drone, Bubbles, Meow Meow, MCAT, and 4MMC (hereinafter at times collectively referred to as "MDPV").
- Any individual including adults or minors, partnership, corporation, limited liability company, trust, association, owner, contractor, salesperson, or any other form of entity or the combination or joint venture thereof.
- PRODUCE or PRODUCTION
- Planting, cultivating, tending or harvesting or the mixing of or combining any chemicals, herbs or any materials, whether solid or liquid that result in the creation of MDPV and/or their derivatives or synthetic cannabinoids and/or its derivatives.
- SYNTHETIC CANNABINOIDS
- An herbal and chemical product which mimics the effects of cannabinoids, including but not limited to synthetic cannabinoids, cannablcvclohexano, synthetic cannabis, JWH-015, JWH-018, JWH-073, JWH-200, Win-55, HU-210, HU-211, CP-47, 497, CP 55, 940 and 212-2 and is distributed or sold under the brand names including, but not limited to SPICE-Diamond, Gold, Tropical Synergy, Arctic Synergy, Gold Spirit, PEP Spice, Yucatan Fire, Smoke, K2, Skunk, Space, K2 Citron and K2 Blonde (hereinafter at times collectively referred to as "synthetic cannabinoids").
It shall be unlawful for any person to knowingly, recklessly, or under the circumstances where one should know, to:
Sell at retail or wholesale MDPV commonly referred to as "bath salts" and/or its derivatives or synthetic cannabinoids and/or its derivatives;
Give, exchange, deliver, aid, assist or abet another person in obtaining methadone commonly referred to as "bath salts" and/or its derivatives or synthetic cannabinoids and/or its derivatives.
Manufacture any MDPV commonly referred to as "bath salts" and/or its derivatives or synthetic cannabinoids and/or its derivatives.
Produce any MDPV commonly referred to as "bath salts" and/or its derivatives or synthetic cannabinoids and/or its derivatives.
Any person, firm or corporation violating any provision of this article, shall upon conviction (hereof, be guilty of a summary offense, and shall be fined not to exceed $300 for any one offense, recoverable with costs, together with judgment or imprisonment not to exceed 30 days per offense.