[Ord. 256, 5/10/2011]
The following terms shall have the following meanings, unless
the context clearly indicates that a different meaning is intended:
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.
A psychoactive drug with stimulant properties which acts
as a norepinephrine-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:
Manufacture, creation, 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, 490 and 212-2.
[Ord. 256, 5/10/2011]
1.
It is unlawful for any person(s), as defined above, knowingly, 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, 212-2,
HU-210 or Methylenedioxypyrovalerone and marketed as products known
as but not limited to, 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, Spice, K-2, Blaze and Red X Dawn, but not limited to,
incense, potpourri, plant fertilizers, insect repellant or bath salts,
as well as any synthetic cannabinoids.
2.
It is unlawful for any person(s), as defined above, knowingly, 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, Cannabicyclohexanol,
CP 55, 490, 212-2 or Methylenedioxypyrovalerone and marketed as products
known as, but not limited to, 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 repellant or bath salts as well as any synthetic
cannabinoids.
3.
It is unlawful for any person(s), as defined above, or 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, 497, Cannabicyclohexanol, CP 55,
490, 212-2 or Methylenedioxypyrovalerone and marketed as products
known as, but not limited to, 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 repellant or bath salts as well as any synthetic
cannabiniods.
4.
These above described activities are declared unlawful because the
improper use of and/or ingestion of the product causes unpredictable,
uncontrollable and profound effects on humans and places those who
ingest it and those around them at grave risk of physical harm.
[Ord. 256, 5/10/2011]
1.
Violation. A violation of this Part shall be prosecuted through the
filing of criminal summary offense charge in the appropriate court.
2.
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 $100 and
no more than $600 and/or undergo imprisonment for not more than 30
days.
3.
Administrative Fee. In addition, any person who violates any provision
of this section 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.
4.
Forfeiture. Any items which may be seized or 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.
