(A) A person is guilty of a violation of this subchapter if he or she sells, possesses, distributes, transfers or manufactures any substance or product containing any quantity of synthetic or alternative drug as defined under this subchapter.
(B) All substances made unlawful by this subchapter shall constitute contraband, subject to immediate seizure by law enforcement and shall be destroyed upon a conviction for a violation of this subchapter.
(C) The substances defined in this subchapter shall not include medications or substances for which the possession party holds a valid prescription or beer, wine or intoxicating liquors as defined by local, state and federal laws.
(D) Products commercially available and sold which have common, proven and lawful uses under local, state and federal law shall not be deemed unlawful by this subchapter. Examples are prescription and over the counter medications, health supplements where the ingredients are listed on the packaging, food and drink products and the like.
(E) In addition to the definitions provided in this subchapter, the following additional factors shall be considered in making the determination if a substance is unlawful under this subchapter:
(1) Scope of legitimate uses of the product;
(2) Physical and testimonial evidence provided by officers and prosecutors regarding known uses of the product;
(3) Statements made by persons selling, possessing and using the product;
(4) Availability of the product to include types and number of area businesses selling it;
(5) The ratio of the price of the product compared to the quantity sold; and
(6) The proximity of the product in relation to devices used to ingest or consume controlled substances.
(Ord. 202, passed 12-10-2013)