[Adopted 10-29-2013 STM by Art. 27]
As used in this article, the following terms shall have the meaning ascribed to them below:
CONSUMED
Introduced into the human body by any manner, including but not limited to inhalation and ingestion.
PERSON
An individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
SYNTHETIC MARIJUANA
A. 
Any substance as defined by 21 U.S.C. § 812(d), excluding "marihuana" as such term is defined in MGL c. 94C, § 1, 21 U.S.C. § 812(d) notwithstanding; or
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 possessed, 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.
SYNTHETIC MARIJUANA ANALOGUE
A substance:
A. 
The chemical structure of which is substantially similar to the chemical structure of synthetic marijuana;
B. 
Which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of synthetic marijuana; or
C. 
With respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of synthetic marijuana.
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 bylaw 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.
This bylaw may be enforced by criminal complaint before the District Court or by noncriminal disposition in accordance with MGL c. 40, § 21D.
If any part of this bylaw or the application thereof to any person or circumstances is held by a court of competent jurisdiction to be invalid, the remainder of this bylaw shall remain in effect.