[HISTORY: Adopted by the City Council of the City of Quincy as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-13-2013 by Order No. 2013-175 (Ch. 8.38 of the 1993 Code)]
As used in this article, the following terms shall have the meaning ascribed to them below:
PERSON
An individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
SYNTHETIC MARIJUANA
A. 
A substance as defined by 21 U.S.C. § 812(c), excluding "marijuana" as such term is defined in MGL c. 94C § 1, 21 U.S.C. § 812(c) notwithstanding;
B. 
Any one or any combination of the following cannabinoids or a substance containing any one or combination of the following cannabinoids: JWH-018, JWH-073, CP-47, 497, JWH-200, or cannabicyclohexanol; or
C. 
Vegetable material that has been chemically treated and is processed, sold, or purchased with the intent that it will, despite any labeling to the contrary, be consumed by humans for the purpose of voluntary intoxication, said vegetable material typically having a retail price of over $5 per ounce and contained within packaging indicating that the content is not for human consumption, which, if consumed, may induce an effect or effects of intoxication similar to a controlled substance or imitation controlled substance, said effect or effects to include elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, dulling of the senses or nervous system, or distortion of audio, visual or mental processes.
A. 
No person shall sell, offer to sell, distribute, gift, or publicly display for sale any synthetic marijuana or synthetic marijuana analogue.
B. 
No person shall knowingly possess or consume synthetic marijuana or synthetic marijuana analogue.
C. 
This article shall apply regardless of whether the synthetic marijuana or synthetic marijuana analogue is described as tobacco, herbs, incense, spice, bath salts, plant food or any blend thereof, and regardless of whether the substance is marketed for the purpose of being smoked or ingested, and regardless of whether the substance is marked "not for human consumption."
A. 
Any violation of this article shall be punishable by a fine of $150 for a first offense.
B. 
Any subsequent violation shall be punishable by a fine of $300 for each offense.
C. 
Each ounce or portion thereof shall be considered a separate offense.
A. 
This article may be enforced by a criminal complaint before the District Court or by noncriminal disposition in accordance with MGL c. 40, § 21D. (Statutory reference: MGL c. 40, § 21; MGL c. 218, § 26.)
B. 
Any police officer may arrest without a warrant whomever there is probable cause to believe is in willful violation of this article, pursuant to MGL c. 272, § 59.
[Adopted 6-15-2015 by Order No. 2015-091 (Ch. 8.31 of the 1993 Code)]
All pharmacies shall post notice of all permanent municipal disposal locations in a visible location near pharmacy checkout and/or consultation windows. All postings may either reference proper disposal of prescription drugs and associated risks of prescription drug abuse or be supplemented with visible access to literature referencing risks and additional disposal options.