[HISTORY: Adopted by the Board of Commissioners of the Township
of Radnor 3-28-2022 by Ord. No.
2022-03. Amendments noted where applicable.]
This chapter is enacted to protect, preserve, and promote the
health, safety, and welfare of the citizens of Radnor Township by
prohibiting the sale, distribution, or delivery of any substance containing
Kratom or Delta-8 THC within close proximity to schools, playgrounds,
and day cares. It is the specific finding of Radnor Township that
such substances may have a dangerous effect upon anyone using and/or
ingesting said substances and that such substances should not be made
available for retail sale to minors.
When used in this chapter the following words have the meanings
as provided below:
A person that sells, prepares, maintains, or otherwise distributes
Kratom or Delta-8 THC products or that advertises, represents, or
holds itself out as selling, preparing, maintaining, or otherwise
distributing Kratom or Delta-8 THC products from a physical location
within Radnor Township.
An extract or stimulant that is produced from a naturally
occurring cannabinoid found in small traces in hemp and cannabis (marijuana)
plants, and includes, but is not limited to, any food product, dietary
supplement, or smoke or vape product containing such an extract or
stimulant. Concentrated amounts of Delta-8 THC are typically manufactured
from hemp-derived cannabidiol (CBD).
The actual, constructive, or attempted transfer from one
person to another of a substance, whether or not there is an agency
relationship, and includes a sale.
An extract or stimulant that is produced from the leaves
of an evergreen tree (Mitragyna speciosa) native to Southeast Asia,
which contains mitragynine and/or 7-hydroxvmitragynine, including,
but not limited to, any food product or dietary supplement containing
such an extract or stimulant.
Any individual, corporation, firm, partnership, joint venture,
association, agency, or other group acting as a unit, or combination
thereof, including, but not limited to, a store, restaurant, hotel,
bakery, delicatessen, grocery store, convenience store, bar, gas station,
or food or drink company.
A.
It shall be unlawful for any dealer to offer, sell, distribute, or
expose for sale any Kratom product or Delta-8 THC product within 1,000
feet of any school, playground, or day-care facility within Radnor
Township. This separation distance shall be measured from the property
line of the dealer location to the property line of the school, playground
or day care.
B.
It shall be unlawful to offer, sell, give, deliver, distribute, or
otherwise provide a Kratom product or Delta-8 THC product to any person
under the age of 21 years.
Any person who shall violate any of the provisions of this chapter
shall be guilty of a summary offense and, upon conviction thereof
in any District Justice Court of the Commonwealth of Pennsylvania,
shall be liable to a fine or penalty not to exceed $1,000 for each
and every offense and the costs of prosecution thereof. Each violation
of any of the provisions of this chapter shall be deemed to be a separate
and distinct offense, and each day a violation continues shall be
deemed to be a separate and distinct offense.
In addition to other renedies, the Township Board of Commissioners
may institute suits, in equity or at law, to restrain, prevent, or
abate a violation of this chapter. Such proceedings may be initiated
before any court of competent jurisdiction. The expense of such proceedings
shall be recoverable from the violator in any manner as may now or
hereafter be provided by law.
