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 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.