Whereas, given advances in the manufacturing of narcotics, there is growing concern that synthetic cannabinoids, synthetic stimulants and synthetic psychedelic/hallucinogens have been linked to serious physical effects resulting in hospitalization and death when ingested, inhaled or otherwise introduced into the human body. These synthetic cannabinoids, synthetic stimulants and synthetic psychedelic/hallucinogens pose health, safety, and welfare issues for the residents of Kingston.
This regulation is promulgated pursuant to the authority granted to the Kingston Board of Health by MGL c. 111, § 31, that "Boards of Health may make reasonable health regulations."
As used in this section, the following terms shall have the meaning ascribed to them below:
Introduced into the human body by any manner, including but not limited to inhalation and ingestion.
An individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
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
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.
A substance:
The chemical structure of which is substantially similar to the chemical structure of synthetic marijuana;
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
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.
This regulation 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."
C.
This regulation shall not be construed to prohibit any manufacture or sale of any marijuana- or cannabis-based product that is manufactured or sold legally for medical or other purposes that is permissible under state or local law.
Any violation of this section shall be punishable by a fine of $150 for a first offense. Any subsequent violation shall be punishable by a fine of $300 for each offense. Punishment for violation may also include, but be not limited to, revocation or suspension of any and all permits and licenses issued by the Kingston Board of Health associated with the establishment.
This regulation may be enforced by criminal complaint before the District Court or by noncriminal disposition.
If any part of these regulations or the application thereof to any person or circumstances is held by a court of competent jurisdiction to be invalid, the remainder of the regulations shall remain in effect.