(A) Purposes. This Section is enacted to protect, preserve and promote the health, safety and welfare of the citizens of the Village by prohibiting the use, possession, distribution or delivery of any substance containing MDPV or Kratom as hereinafter defined, it being the specific finding of the Village that such substances have a dangerous effect upon anyone using and/or ingesting said substances and have no medicinal or beneficial purposes.
(B) Definitions. When used in this Chapter, the following words have the meanings as hereinafter provided:
(1) Use. The partaking, inhaling, smoking, consumption, ingestion or injection of MDPV or Kratom.
(2) Deliver. The actual, constructive, or attempted transfer from one person to another of MDPV or Kratom, whether or not there is an agency relationship, and includes a sale.
(3) Distribute. To deliver other than by administering or dispensing MDPV or Kratom.
(4) MDPV. Includes any material, compound, mixture or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers and salts of isomers of 3.4 Methylenedioxyprovalerone, Methylone, Mephedrone, 4-methoxymethcathinone, 4-Fluormethcathinine, and 3- Fluoromethcathinone.
(5) Kratom. Includes any material, compound, mixture or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system: the leaves, bark, or other parts of a tropical tree known as “Mitragyna speciose” containing psychoactive opioid compounds, and sometimes known as: Herbal Speedball, Biak- Biak, Ketum, Kahuam, Ithang and Thom.
(6) Possess means with the knowledge of the presence and nature of a substance. A person has actual possession if he has the substance on his person or within easy reach and convenient control. A person who, although not in actual possession, has the power and intention at a given time to exercise dominion or control over the substance either directly or through another person or persons is in constructive possession of it.
(C) General Prohibition. It shall be unlawful for any person to use, possess, distribute or delivery any substance containing MDPV or Kratom as defined in this Chapter.