Definitions. The following terms shall have the following meanings,
unless the context clearly indicates that a different meaning is intended:
BATH SALTS
A substance that contains methylenedioxypyrovalerone (MDPV)
or contains a norepinephrine-dopamine reuptake inhibitor (NDRI).
DELIVER or DELIVERY
Actual, constructive or attempted transfer of possession
of synthetic cocaine or substance containing cocaine, with or without
consideration, whether or not there is an agency relationship.
KNOWLEDGE
(1)
Knows, acts knowingly or with knowledge of:
(a)
The nature or attendant circumstances of his/her conduct described
by the section defining the offense, when he/she is consciously aware
that his/her conduct is of such nature or that such circumstances
exist; knowledge of a material fact includes awareness of the substantial
probability that such fact exists.
(b)
The result of his/her conduct, described by the section defining
the offense, when he/she is consciously aware that such result is
likely to be caused by his/her conduct.
(2)
Knowledge may be inferred from the surrounding circumstances.
MANUFACTURE
The production, preparation, propagation, compounding, conversion
or processing of synthetic cocaine or a substance containing cocaine,
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 cocaine or a substance containing
cocaine or labeling of its container; except that this term does not
include the preparation, compounding, packaging or labeling of synthetic
cocaine as an incident to lawful research, teaching or chemical analysis
and not for sale.
PERSON
Any individual, corporation, business trust, estate, trust,
partnership or association, or any other entity.
POSSESSION
Possession may be either actual or constructive.
(1)
Actual possession means exercising physical dominion.
(2)
Constructive possession may be inferred if the defendant has
intent and capacity to maintain control and dominion over the cocaine
or substance containing cocaine or drug paraphernalia.
SYNTHETIC COCAINE, "BATH SALTS" OR SUBSTANCES CONTAINING COCAINE
Includes but is not limited to the names MDPK, Magic, Super
Coke, PV, Ivory Wave, Ocean, Cloud Nine, Charge Plus, White Lightning,
Scarface, Hurricane, Charlie Red Dove and White Dove. It is an herbal
and chemical product which mimics the effects of cocaine, including
but not limited to methylenedioxypyrovalerone, (a psychoactive drug)
or cathinone derivatives.