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(A) Definitions. The following words, terms and phrases when used in this section shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; words in the singular shall include the plural; and words in the masculine shall include the feminine and neuter.
(a) Products containing synthetic derivatives of cathinone which include the following, all commonly referred to as “bath salts”. Compounds or psychoactive drugs with stimulant properties which act as a norepinephrine-dopamine reuptake inhibitor (NOR) or that work on the same receptors as the chemical compounds in methamphetamines and/or any derivatives used for human consumption or ingestion thereof, including, but not limited to, the following street or brand names: Vanilla Sky; Ivory Wave; White Rush; White Lightning; Hurricane Charlie; Bliss; Zoom2; Cloud Nine and Cloud Nine derivatives; Aura; Bounce; Plant Food; Meph; Mad Cow; Shake ‘N’Vac; Drone; Bubbles; Meow Meow; MCAT; and 4MMC (hereinafter at all times collectively referred to as “MDPV”):
2. Methylone (3,4-methylenedioxymethcathinone);
3. Mephedrone (4-methylmethcathinone);
5. 4-fluoromethcathinone; and
(b) Also considered to be BATH SALTS are products containing the cathinone-substitute, Pentedrone, and/or any of its derivatives, and the chemical process used to produce this substance including:
50. a-PVP (0-2387);
61. Naphyrone (0-2482);
62. a-PVT; and
63. Any compound structurally derived from 2-aminopropan-l-one by substitution at the 1-position with any monocyclic, or fused-polycyclic ring system (not being a phenyl ring or alkylenedioxyphenyl ring system), whether or not the compound is further modified in any of the following ways, that is to say:
a. By substitution in the ring system to any extent with alkyl, alkoxy, haloalkyl or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
b. By substitution at the 3-position with an alkyl substituent; and
c. By substitution at the 2-amino nitrogen atom with alkyl or dialkyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.
KNOWLEDGE. A person acts knowingly with respect to a material element of the section, regardless of his or her purpose, when he or she is aware that his or her conduct will probably cause a certain result or will probably be of a certain nature. A person has KNOWLEDGE of circumstances when he or she is aware that such circumstances probably exist.
(B) Illegal sales.
(1) No person shall knowingly:
(a) Sell, exchange, deliver, give, distribute or otherwise provide to any person any product containing MDPV and/ or “bath salts” and/or its derivatives; and
(b) Display for sale or possess with intent to distribute any product containing MDPV and/ or “bath salts” and/or its derivatives.
(2) All products containing any synthetic derivatives of cathinone, as defined herein as “bath salts”, and/or packaged as such, shall be considered an illegal bath salt for the purpose of this section and shall not be sold within the city limits.
(1) Whoever violates any provision of this section shall, upon conviction thereof, be guilty of a misdemeanor of the second degree.
(2) Whoever violates any provision of this section by providing bath salts to a juvenile shall, upon conviction thereof, be guilty of a misdemeanor of the first degree.
(Ord. 75-2011, passed 6-13-2011; Ord. 148-2011, passed 10-24-2011)