[HISTORY: Adopted by the Borough Council of the Borough of
Pine Grove 5-16-2011 by Ord. No.
414. Amendments noted where applicable.]
[Adopted 5-16-2011 by Ord. No. 414]
A.
Short title. This article shall be known as and may be cited as the
"Synthetic Drug Prohibition Ordinance."
B.
Intent.
(1)
The intent of the article is for the Borough of Pine Grove to control
and minimize the use of synthetic cannabis and other synthetic drugs
and to exercise the authority pursuant to the U.S. Drug Enforcement
Agency issuing an order directing that chemicals JWH-018, JWH-073,
JWH-200, CP-47, 497, CP 55, 940, WIN 55, 212-2, HU-210 and Cannabicyclohexanol
contained in products marketed as potpourri, and incense and are classified
as Schedule I controlled substances. In addition, the Pennsylvania
Poison Control Center reported that products contain Methylenedioxypyrovalerone
and marketed as bath salts have been linked to serious physical effects
to persons resulting in hospitalization and death.
(2)
The Borough hereby finds, determines, and declares that this article
is necessary for the immediate preservation of the public health,
safety, and welfare of the citizens residing within the Borough and
to provide for the safety of those residing in or visiting the Borough
of Pine Grove.
C.
Applicability. This article shall apply uniformly to all persons
within the Borough of Pine Grove, and shall be binding upon the officials
of the Borough of Pine Grove as specified hereinafter.
D.
Definitions and word usage.
(1)
Unless specifically defined, words or phrases used herein shall be
interpreted so as to give them the same meaning as they have in common
usage and so as to give this article its most reasonable application
consistent with the intent and applicability herein expressed.
(2)
The word "shall" is always mandatory and not merely directory.
(3)
Words used in the present tense include the future and past, words
in the plural number include the singular, words in the singular number
include words in the plural, and words either in the feminine, masculine,
or neuter shall include words of the other two genders; except where
the context dictates that only the stated tense, number or gender
should apply.
(4)
DELIVER or DELIVERY
KNOWLEDGE
(a)
(b)
(c)
MANUFACTURE
METHYLENEDIOXYPYROVALERONE (MDPV)
PERSON
POSSESSION
PRODUCE or PRODUCTION
SYNTHETIC CANNABIS
Throughout this article, the following words and phrases shall have
the specific definitions provided:
Actual, constructive or attempted transfer of possession
of synthetic cannabis and synthetic drugs, with or without consideration,
whether or not there is an agency relationship.
Knows, acts knowingly or with knowledge:
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.
The results 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.
Knowledge may be inferred from the surrounding circumstances.
The production, preparation, propagation, compounding, conversion
or processing of synthetic cannabis or synthetic drugs, 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 cannabis or synthetic drugs or labeling
of its container, except that this term does not include the preparation,
compounding, packaging or labeling of synthetic cannabis or synthetic
drugs as an incident to lawful research, teaching or chemical analysis
and not for sale.
Is a psychoactive drug with stimulant properties which acts
as a nonrepinephrine-dopamine reuptake inhibitor (NDRI). Reportedly,
it has been sold since around 2004 as a research chemical. It is also
known as MDPK, Magic, Super Coke and PV. In 2010 it was reportedly
sold as a legal drug alternative and marketed in the United States
as "bath salts" (under such names as Cloud 9, Ivory Wave, Ocean, Charge
Plus, White Lightning, Scarface, Hurricane Charlie, Vanella Sky, Bonzai
Grow, Blue Silk, Serenity Now, Lovey Dovey, Euphoria, Aura, Red Dove
and White Dove.
Any individual, corporation, business trust, estate, trust,
partnership or association, or any other entity.
Possession may be either actual or constructive.
Planting, cultivating, tending or harvesting.
Includes the brand names K2 and Spice. It is an herbal and
chemical product which mimics the effects of cannabis, including,
but not limited to, synthetic cannabinoids, cannabicyclohexanol, JWH-018,
JWH-073, JWH-200, HU-210, CP-47, 497, CP 55 and 212-2.
E.
Application of statutes and ordinances. The provisions of Borough
Code and the laws, as aforementioned and any other related and applicable
Laws of the Commonwealth of Pennsylvania, including any amendments
thereto, shall apply within the Borough of Pine Grove; except, the
specific provisions of this article shall be read to clarify those
provisions. All provisions herein are to be construed, whenever possible,
to be consistent with the provision of the Laws of the Commonwealth
of Pennsylvania; and all provisions herein shall be construed as clarified,
and augmented by applicable provisions of said Laws. Notwithstanding
anything herein provided, the provisions of all the Borough Ordinances
shall apply, except such ordinances are herein or hereafter specifically
amended or repealed.
A.
Enforcement. The Borough Police Department and any other Borough
appointed or designated official, shall enforce the provisions of
this article.
B.
Additional remedies.
(1)
In addition to the assessment and fines provided for in this article,
a person convicted hereunder shall pay all costs of prosecution.
(2)
In addition to the assessments, fines and costs all other actions
are hereby reserved, including in equity for the proper enforcement
of this article.
(3)
The imposition of a fine or other penalty for any violation of, or
noncompliance with, provision of this article shall not excuse the
violation or noncompliance or permit to continue; and all persons
shall be required to correct or remedy such violation or noncompliance.
The assessments, fines, penalties, and other actions provided for
in this article shall be cumulative and resorting to any one remedy
shall not preclude the Borough from pursuing other remedies provided
for herein or by applicable Laws of this Commonwealth.
A.
It is unlawful for any persons or corporation knowing, or under circumstances
where one reasonably should know to sell, lend, rent, lease, give,
exchange, or otherwise distribute to any persons or corporation any
product containing the following chemicals: JWH-018, JWH-073, JWH-200,
CP-47, 497, Cannabicyclohexanol, CP 55, 490, HU-210 or Methylenedioxypyrovalerone
and marketed as Cloud 9, Ivory Wave, Ocean, Charge Plus, White Lightning,
Scarface, Hurricane Charlie, Red Dove and White Dove, spice, K-2,
Blaze and Red X Dawn, but not limited to incense, potpourri, plant
fertilizers, insect repellent or bath salts, and any other dangerous
chemicals as may be amended from time to time on the Pine Grove Borough
Police Department Scheduled Drug List.
B.
It is unlawful for any person or corporation, knowing, or under any
circumstances where one reasonably should know, to display for sale
or possess with intent to distribute any product containing the following
chemicals: JWH-018, JWH-073, JWH-200, CP-47, 497, Canabicyclohexanol,
or Methylenedioxypyrovalerone and marketed as Cloud 9, Ivory Wave,
Ocean, Charge Plus, White Lightning, Scarface, Hurricane Charlie,
Red Dove and White Dove, spice, K-2, Blaze and Red X Dawn, but not
limited to, incense, potpourri, plant fertilizers, insect repellent
or bath salts, and any other dangerous chemicals as may be amended
from time to time on the Pine Grove Borough Police Department Scheduled
Drug List.
C.
It is unlawful for any person to use, or to possess with intent to
use, ingest, inhale, or otherwise introduce into the human body any
product containing the following chemicals: JWH-018, JWH-073, JWH-200,
CP-47, Cannabicyclohexanol, or Methylenedioxypyrovalerone and marketed
as Cloud 9, Ivory Wave, Ocean, Charge Plus, White Lightning, Scarface,
Hurricane Charlie, Red Dove and White Dove, spice, K-2, Blaze and
Red X Dawn, but not limited to, incense, potpourri, plant fertilizers,
insect repellent or bath salts, and any other dangerous chemicals
as may be amended from time to time on the Pine Grove Borough Police
Department Scheduled Drug List.
D.
No person shall possess any substance containing synthetic cannabis
or synthetic drugs, and any other dangerous chemicals as may be amended
from time to time on the Pine Grove Borough Police Department Scheduled
Drug List.
A.
Penalty. Any person who pleads guilty or is found guilty by a court
of law shall be punished by a minimum fine of not less than $300 and
no more than $1,000 and/or undergo penalties under Pennsylvania Crimes
Code Title 35.
B.
Administrative fee. In addition, any person who violates any provision
of this article and is convicted, pleads guilty, receives court supervision
or probation by a court of law shall be ordered to pay an administrative
fee to the law enforcement agency for testing of the substance(s)
collected.
C.
Administrative fee forfeiture. Any items which may be seized of forfeited
pursuant to statutes or guidelines for the Commonwealth of Pennsylvania
may be forfeited in the same manner as described therein for a violation
of this section.
A.
Conflict. All other ordinances, or parts of ordinances, inconsistent
and conflicting with any part of this article, are hereby repealed
to the extent of such inconsistency or conflict.
B.
Severability.
(1)
In the event any provision, section, sentence, clause, or part of
this article shall be held to be invalid, such invalidity shall not
affect or impair any remaining provision, section, sentence, clause
or part of this article, it being the intent of the Borough Council
that such remainder shall be and shall remain in full force and effect
and for this purpose the provisions of this article are hereby declared
to be severable.
(2)
In the event any Legislation by the Commonwealth of Pennsylvania
or by the United States or any regulation promulgated by a duly authorized
agency of the commonwealth or the federal government shall be or become
effective dealing with the same or similar subject matter as that
included in any provision, section, sentence, clause or part of this
article, such shall remain in full force and effect if it is more
restrictive, and not inconsistent, with such legislation or regulation,
the more restrictive provision, section, sentence, clause or part
of this article shall be interpreted according to such legislation
or regulation and not superseded by it. However, all the remaining
parts of this article shall be and shall remain in full force and
effect and for this purpose the provisions of this article are declared
to be severable, and, also consist herewith. The provisions of this
article may be superseded and automatically amended by any more restrictive
state or federal legislation or any regulations promulgated by a duly
authorized state or federal agency.
C.
Effective date. This article shall become fully effective and applicable
after its passage and approval as provided by law by the Pine Grove
Borough Council.
D.
Warning. The degree of protection sought by the provisions of this
article is considered reasonable for regulatory purposes.