(a) Definitions and Interpretation. 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 feminine and neuter.
(1) "Methadone, methylenedioxpyrovalerone (MDPV)," commonly referred to as "bath salts" are 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 and synthetic cannabis and/or its derivatives for human consumption or ingestion thereof, including but not limited to the following street or brand names: Ivory Wave, Bounce, Plant Food, Meph, Mad Cow, Shake N'Vac, Drone, Bubbles, Meow Meow, MCAT, and 4MMC (hereinafter at times collectively referred to as "MDPV").
(2) "Synthetic cannabinoids" is an herbal and chemical product which mimics the effects of cannabinoids including but not limited to synthetic cannabinoids, carraablcvclohexano, synthetic cannabis, 1, JWH-015, JWH-018, JWH-073, JWH-200, Win-55, HU-210, HU-211, CP-47,497, CP 55,940 and 212-2 and is distributed or sold under the brand names including, but not limited to SPICEDiamond, Gold, Tropical Synergy, Arctic Synergy, Gold Spirit, PEP Spice, Yucatan Fire, Smoke, K2, Skunk, Space, K2 Citron and K2 Blonde (hereinafter at times collectively referred to as "SYNTHETIC CANNABINOIDS".
(3) "Person" means any individual including adults or minors, partnership, corporation, limited liability company, trust association, owner, contractor, salesperson, or any other form of entity or the combination or joint venture thereof.
(4) "Possession, sale, deliver or delivery" is actual, constructive or attempted transfer of possession of MDVP, synthetic drugs or synthetic cannabinoids with or without consideration, whether or not there is an agency relationship.
(5) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of MDPV and/or their derivatives or synthetic cannabinoids and/or its derivatives 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 cannabinoids or synthetic drugs or labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of synthetic cannabinoids or synthetic drugs as an incident to lawful research, teaching or chemical analysis and not for sale.
(6) "Produce or production" means planting, cultivating, tending or harvesting or the mixing of or combining any chemicals, herbs or any materials, whether solid or liquid that result in the creation of MDPV and/or their derivatives or synthetic cannabinoids and/or its derivatives.
(7) "Distribute" means to deliver MDVP, synthetic cannabinoids, or other synthetic drugs and/or their derivatives.
(8) "Knowledge" means a person acts knowingly with respect to a material element of the section when:
A. The element involves the nature of his or her conduct or the attendant circumstances so that the person knows or should have known that the conduct is of that nature or that such circumstances exist;
B. If the element involves a result of the person's conduct, the person knows or should have known that it is practically certain that the conduct will cause such a result; and
C. The results of his or her conduct, described by the section defining the offense, when he or she knows or should have known that such a result is likely to be caused by his or her conduct.
(b) Prohibited Conduct. It shall be unlawful for any person to knowingly, recklessly, or under the circumstances where one should know to:
(1) Sell at retail or wholesale MDPV commonly referred to as "bath salts" and/or its derivatives or synthetic cannabinoids and/or its derivatives.
(2) Give, exchange, deliver, aid, assist or abet another person in obtaining methadone commonly referred to as "bath salts" and/or its derivatives or synthetic cannabinoids and/or its derivatives.
(3) Manufacture any MDPV commonly referred to as "bath salts" and/or its derivatives or synthetic cannabinoids and/or its derivatives.
(4) Produce any MDPV commonly referred to as "bath salts" and/or its derivatives or synthetic cannabinoids and/or its derivatives.
(c) Violations. Any person, firm or corporation violating any provision of this section, shall upon conviction hereof be guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) for any one offense, recoverable with costs, together with judgment or imprisonment not more than 180 days per offense.
(Ord. 2011-O-16. Passed 9-13-11.)