[Adopted 5-9-2011 by Ord.
No. 11-01]
The City Council of the City of Shamokin makes the following
findings:
A. The United States Drug Enforcement Agency has issued an order directing
the 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 are classified as Schedule I controlled substances.
B. The Pennsylvania Poison Control Center reported products containing
methylenedioxpyrovalerone and marketed as bath salts have been linked
to serious physical effects to persons, resulting in hospitalization
and death.
C. The above chemicals pose health, safety and welfare issues for the
residents of the City of Shamokin, Northumberland County, Pennsylvania.
The City of Shamokin desires to control and minimize the use
of synthetic cannabis and other synthetic drugs as described in this
article and further desires to enforce laws with respect to such behavior.
The following terms shall have the following meanings, unless
the context clearly indicates that a different meaning is intended:
DELIVER or DELIVERY
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.
KNOWLEDGE
Knows, acts knowingly or with knowledge:
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 circumstances exists. Knowledge of
a material fact includes awareness of the substantial probability
that such fact exists.
B.
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.
C.
Knowledge may be inferred from the surrounding circumstances.
MANUFACTURE
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 a lawful research, teaching or chemical analysis
and not for sale.
METHYLENEDIOXYPYROVALERONE (MDPV)
Is 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,"
"Vanilla Sky," "Bonzai Grow," "Blue Silk," "Serenity Now," "Lovey
Dovey," "Euphoria," "Aura," "Red Dove" and "White Dove").
PERSON
Any individual, corporation, business trust, estate, trust,
partnership or association, or any other entity.
POSSESSION
Possession may be either actual or constructive.
A.
"Actual possession" means exercising physical dominion.
B.
"Constructive possession" may be inferred if the defendant has
intent and capacity to maintain control and dominion over the cannabis,
synthetic drug or drug paraphernalia.
SYNTHETIC CANNABIS
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.
If any provision, paragraph, word, section or article is invalidated
by any court or competent jurisdiction, the remaining provisions,
paragraphs, words, sections and chapters shall not be affected and
shall continue in full force and effect.
All other ordinances and parts of other ordinances inconsistent
or conflicting with any part of this article are hereby repealed to
the extent of such inconsistency or conflict.
This article shall take effect 10 days after final enactment