For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:
AUTHORIZED PROVIDER. Means:
(1) Any person licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State of Maryland in the course of professional practice or research; or
(2) A pharmacy, laboratory, hospital, or other institution licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the state in the course of professional practice or research.
AUTHORIZED PROVIDERS include individuals authorized by the State of Maryland to practice medicine, dentistry, or veterinary medicine and animal control facilities licensed under the Md. Code, Agriculture Article, § 2-305.
CONTROLLED DANGEROUS SUBSTANCE. A drug or substance listed in Schedule I through Schedule V of the Maryland Annotated Code, Criminal Law Article, or an immediate precursor to a drug or substance listed in Schedule I through Schedule V. CONTROLLED DANGEROUS SUBSTANCE does not include distilled spirits, wine, malt beverages, or tobacco.
SYNTHETIC CANNABINOID. Any chemical compound that is chemically synthesized and:
(1) Has been demonstrated to have a binding activity at one or more cannabinoid receptors; or
(2) Is a chemical isomer, salt or salt of an isomer of a compound that has been demonstrated to have a binding activity at one or more cannabinoid receptors.
SYNTHETIC CANNABINOID does not include any products that have been approved for medical use by the United States Food and Drug Administration.
SYNTHETIC CANNABINOID ANALOG. Any chemical that is substantially similar in chemical structure to a chemical compound that has been determined to have a binding activity at one or more cannabinoid receptors. It does not include any products that have been approved for medical use by the United States Food and Drug Administration.
SYNTHETIC CATHINONE. Any compound structurally derived from 2aminopropan-I-one by substitution at the I-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:
(1) Substitution in the ring system to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the ring system by one or more univalent substituents;
(2) Substitution at the 3-position with an alkyl substituent;
(3) Substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.
These substances include, but are not limited to, those commonly referred to by the street name "bath salts" or "plant food" or the trade name "Bliss", "Blizzard", "Ivory Wave", or "Star Dust".
(Ord. 2014-04, passed 5-15-2014)
It is hereby declared to be a nuisance and unlawful to distribute, manufacture, offer for sale, purchase, possess, sell, store, trade, transport, or consume any substance containing a synthetic cannabinoid, synthetic cannabinoid analog, or synthetic cathinone, including but not limited to, those identified on Schedule A attached to Ordinance 2014-04, passed May 15, 2014. Distribution, manufacture, selling, purchasing, possessing, offering for sale, storing, trading, transporting, or consuming any substance sold under a trade name contained in Schedule A attached to Ordinance 2014-04, passed May 15, 2014 is a per se violation of this chapter.
(Ord. 2014-04, passed 5-15-2014)
(A) An act otherwise prohibited by this chapter is lawful if done by or under the direction of an authorized provider while acting in the course of his or her profession, provided such act is otherwise permitted by local, state, or federal law.
(B) This chapter does not apply to any substances regulated as controlled substances by the United States Food and Drug Administration, including any dosage form that is legally obtainable from a retail establishment without a prescription and is recognized by the United States Food and Drug Administration as a homeopathic drug.
(C) This chapter is not intended to, and shall not be construed to, supersede any other federal or state law pertaining to synthetic drugs now or hereafter in effect, but to supplement any such laws.
(Ord. 2014-04, passed 5-15-2014)
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