[HISTORY:[1] Adopted by the Mayor and Council of the Town of Hampstead 4-8-2014 by Ord. No. 504. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 70, Fuel Storage and Filling Stations, adopted 1-23-1946 by Ord. No. 104, as amended, was repealed 3-15-1993 by Ord. No. 240.
The purpose of this chapter is to provide Town law enforcement personnel with the authority to enforce prohibitions on the manufacture, distribution, sale, possession or use of certain substances, to protect the health, safety and well-being of the citizens of the Town.
As used in this chapter, the following terms shall have the meanings indicated:
CANNABIMIMETIC AGENT
Any substance, of whatever name called, that is a cannabinoid receptor Type 1 (CB1, receptor) agonist as demonstrated by binding studies and functional assays within the structural classes identified below:
A. 
2-(3-hydroxycyclohexyl) phenol with substitution of the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.
B. 
3-(1-naphthoyl) indole or 3-(1-naphthyl) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.
C. 
3-(1-naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.
D. 
1-(1-naphthylmethyl) indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.
E. 
3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.
HALLUCINOGENIC CHEMICAL SUBSTANCE
Any product or substance, of whatever name called, that contains one or more of the following chemical compounds:
A. 
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497).
B. 
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-44,497 C8-homolog).
C. 
1-pentyl-3-(1-naphthoyl) indole (JWH-018 and AM678).
D. 
1-butyl-3-(1-naphthoyl) indole (JWH-073).
E. 
1-hexyl-3-(1-naphthoyl) indole (JWH-019).
F. 
1-[2-(4-morpholinyl) ethyl]-3-(1-napthoyl) indole (JWH-200).
G. 
1-pentyl-3-(2-methoxyphenylacety) indole (JWH-250).
H. 
1-pentyl-3-[1-(4-methoxynaphthoy) indole (JWH-081).
I. 
1-pentyl-3-(4-methyl-1-naphthoyl) indole (JWH-122).
J. 
1-pentyl-3-(4-chloro-1-naphthoyl) indole (JWH-398).
K. 
1-(5-fluoropentyl)-3-(1-naphthoyl) indole (AM2201).
L. 
1-(5-fluoropentyl)-3-(2-iodobenzoyl) indole (AM694).
M. 
1-pentyl-3-[(4-methoxy)-benzoyl] indole (SR-19 and RCS-4).
N. 
1-cyclohexylethyl-3-(2-methoxyphenylacetyl) indole (SR-18 and RCS-8).
O. 
1-pentyl-3-(2-chlorophenylacetyl) indole (JWH-203).
SALVIA
A material, compound, mixture or preparation in any form that contains the component salvinorin A, and is known variously as "Salvia," "Salvia divinorum," "Ska Pastora," "Diviner's Mint," "SallyD," "Lady Salvia" or any other name.
SALVIA PARAPHERNALIA
Equipment, a product, or material that is used, intended for use, or designed for use, in: i) planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging repackaging, storing, containing, or concealing salvia; or ii) injecting, ingesting, inhaling or otherwise introducing salvia into the human body, as defined and set forth in § 5-101 of the Criminal Law Article of the Annotated Code of Maryland, and as from time to time amended pursuant to the factors set forth in § 5-619 of said Criminal Law Article.
SYNTHETIC DRUG PARAPHERNALIA
Equipment that is used, intended for use, or is designed for use in: i) manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a cannabimimetic agent or hallucinogenic chemical substance; or ii) injecting, ingesting, inhaling, or otherwise introducing a cannabimimetic agent or hallucinogenic chemical substance into the human body as defined and set forth in § 5-101 of the Criminal Law Article of the Annotated Code of Maryland, and as from time to time amended pursuant to the factors set forth in § 5-619 of said Criminal Law Article.
A. 
It shall be unlawful to possess, or administer to another, salvia.
B. 
It shall be unlawful to manufacture, distribute, or dispense salvia.
C. 
It shall be unlawful to distribute or attempt to distribute a noncontrolled substance: i) that the person represents is salvia; ii) that the person intends for use or distribution as salvia; or iii) under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as salvia.
D. 
It shall be unlawful to possess or purchase a noncontrolled substance that the person reasonably believes is salvia.
E. 
It shall be unlawful to use, or possess with intent to use, salvia paraphernalia.
F. 
It shall be unlawful to offer for sale, deliver, sell or distribute salvia paraphernalia.
G. 
It shall be unlawful to own, rent or otherwise utilize a store, dwelling, building or other facility for: i) the purpose of administering, selling, displaying, distributing, possessing, or dispensing salvia; or ii) manufacturing, distributing, dispensing, storing or concealing salvia paraphernalia.
H. 
It shall be unlawful to possess, or administer to another, a cannabimimetic agent.
I. 
It shall be unlawful to manufacture, distribute, or dispense a cannabimimetic agent.
J. 
It shall be unlawful to distribute or attempt to distribute a noncontrolled substance: i) that the person represents is a cannabimimetic agent; ii) that the person intends for use or distribution as a cannabimimetic agent; or iii) under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as a cannabimimetic agent.
K. 
It shall be unlawful to possess or purchase a noncontrolled substance that the person reasonably believes is a cannabimimetic agent.
L. 
It shall be unlawful to possess, or administer to another, a hallucinogenic chemical substance.
M. 
It shall be unlawful to manufacture, distribute, or dispense a hallucinogenic chemical substance.
N. 
It shall be unlawful to distribute or attempt to distribute a noncontrolled substance: i) that the person represents is a hallucinogenic chemical substance; ii) that the person intends for use or distribution as a hallucinogenic chemical substance; or iii) under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as a hallucinogenic substance.
O. 
It shall be unlawful to possess or purchase a noncontrolled substance that the person reasonably believes is a hallucinogenic chemical substance.
P. 
It shall be unlawful to use, or possess with intent to use, synthetic drug paraphernalia.
Q. 
It shall be unlawful to offer for sale, deliver, sell or distribute synthetic drug paraphernalia.
R. 
It shall be unlawful to own, rent or otherwise utilize a store, dwelling, building or other facility for: i) the purpose of administering, selling, displaying, distributing, possessing, or dispensing a cannabimimetic agent or a hallucinogenic chemical substance; or ii) manufacturing, distributing, dispensing, storing or concealing synthetic drug paraphernalia.
S. 
It shall be unlawful to offer for sale, deliver, sell, or distribute any product that contains a synthetic drug or is chemically enhanced, by whatever name called, without having appended thereto a list of ingredients and chemical compounds.
T. 
It shall be unlawful to offer for sale, deliver, sell, or distribute any product which is promoted or otherwise marketed to produce physical and/or psychological effects.
A person who is convicted of any prohibited act under this chapter shall be guilty of a misdemeanor and be subject to imprisonment for up to six months or fined up to $1,000, or both.
The following shall be exempt from the provisions of this chapter:
A. 
Any patient lawfully prescribed medical marijuana for treatment purposes by a certified and registered physician, as regulated by Maryland State House Bill 881.
B. 
Any patient lawfully prescribed cannabinoid receptors for treatment purposes by a certified and registered physician.
C. 
Any patient lawfully participating in a registered clinical trial for medical marijuana or cannibinoid receptors as regulated by a fully licensed and certified clinical provider or accredited research entity.
D. 
Any person or business engaged in legal activities for which they are fully licensed or otherwise permitted by legislation enforceable within the Town.
If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portion of this chapter, it being the intent of the Town that this chapter shall stand, notwithstanding the invalidity of any section, subsection, sentence, clause, phrase, or portion thereof.
Section headings, chapter headings, titles, etc., are for the purpose of description or ease of use and do not form a part of the text of this chapter or any code or text adopted hereby.
In interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This chapter shall be construed broadly in favor of the Town of Hampstead to promote the purpose for which it is adopted.
A. 
Public provisions. This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, the provision which is more restrictive or imposes higher standards shall control.
B. 
Private provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or private agreement impose duties and obligations more restrictive than these regulations, and the private provisions are not inconsistent with these regulations, then the private provisions shall be operative and supplemental.