The following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
(a) “Synthetic Cannabis” Includes the brand names K2 and Spice. It is a herbal and chemical product which mimics the effects of Cannabis including but not limited to synthetic cannabinoids, cannabicyclohexanol, JWH-018, JWH-073, JWH-200, HU-210, CP-47, 497, CP 55 and 212-2.
(b) “Methylenedioxypyrovalerone (MDPV)” is a psychoactive drug with stimulant properties which acts as a norepinephrine-dopamine reuptake inhibitor (NDRI). Reportedly, it has been sold since around 2004 as a research chemical. It is also known as MDPK, Magic, Super Coke and PV. In 2010 it was reportedly sold as a legal drug alternative and marketed in the United States as "bath salts" (under such names as Cloud 9, Ivory Wave, Ocean, Charge Plus, White Lightning, Scarface, Hurricane Charlie, Vanella Sky, Bonzai Grow, Blue Silk, Serenity Now, Lovey Dovey, Euphoria, Aura, Red Dove and White Dove.
(c) “Deliver” or “delivery”: Actual, constructive or attempted transfer of possession of synthetic cannabis and synthetic drugs, with or without consideration, whether or not there is an agency relationship.
(d) “Knowledge” Knows, acts knowingly or with knowledge:
(1) The nature or attendant circumstances of his/her conduct, described by the section defining the offense, when he/she is consciously aware that his/her conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that such fact exists.
(2) The results of his/her conduct, described by the section defining the offense, when he/she is consciously aware that such result is likely to be caused by his/her conduct.
(3) Knowledge may be inferred from the surrounding circumstances.
(e) “Manufacture” The production, preparation, propagation, compounding, conversion or processing of synthetic cannabis or synthetic drugs, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of synthetic cannabis or synthetic drugs or labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of synthetic cannabis or synthetic drugs as an incident to lawful research, teaching or chemical analysis and not for sale.
(f) “Person”: Any individual, corporation, business trust, estate, trust, partnership or association, or any other entity.
(g) “Merchant”: An owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchise or independent contractor of the owner or operator.
(h) “Possession”: Possession may be either actual or constructive.
(1) Actual possession means exercising physical dominion.
(2) Constructive possession may be inferred if the defendant has intent and capacity to maintain control and dominion over the cannabis, synthetic drug or drug paraphernalia.
(i) “Produce” or “Production”: Planting, cultivating, tending or harvesting.
(Ord. 12-14. Passed 12-6-12.)