(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BATH SALTS. A substance that contains methylenedioxypyrovalerone (MDPV) or contains a nonrepinephrine-dopamine reuptake inhibitor (NDRI).
DELIVER or DELIVERY. Actual, constructive or attempted transfer of possession of synthetic cocaine or substance containing cocaine, with or without consideration, whether or not there is an agency relationship.
KNOWLEDGE. Knows, acts knowingly, or without knowledge:
(a) The nature or attendant circumstances of his or her conduct, described by division (B) of this section, when he or she is consciously aware that his or her conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of a substantial probability that such fact exists.
(b) The result of his or her conduct, described by division (B) of this section, when he or she is consciously aware that such result is likely to be caused by his or her conduct.
(c) KNOWLEDGE may be inferred from the surrounding circumstances.
MANUFACTURE. The production, preparation, propagation, compounding, conversion or processing of synthetic cocaine or a substance containing cocaine, 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 cocaine or a substance containing cocaine or labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of synthetic cocaine as an incident to lawful research, teaching or chemical analysis and not for sale.
MANUFACTURE. The production, preparation, propagation, compounding, conversion or processing of synthetic cannabis, 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 labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of synthetic cannabis as an incident to lawful research, teaching or chemical analysis and not for sale.
PERSON. Any individual, corporation, business trust, estate, trust, partnership or association, and any other entity.
POSSESSION. POSSESSION may be either actual or constructive.
(a) ACTUAL POSSESSION. Exercising physical dominion.
(b) CONSTRUCTIVE POSSESSION. May be inferred if the person has intent and capacity to maintain control and dominion over the cannabis or drug paraphernalia.
SYNTHETIC COCAINE, “BATH SALTS” OR SUBSTANCES CONTAINING COCAINE. Includes but not limited to the names: MDPK, Magic, Super Coke, PV, Ivory Wave, Ocean, Cloud Nine, Charge Plus, White Lightning, Scarface, Hurricane, Charlie Red Dove, and White Dove. It is a herbal and chemical product which mimics the effects of cocaine, including but not limited to, Methylenedioxypyrovalerone (a psychoactive drug), or cathinone derivatives.
(B) Possession prohibited.
(1) Violation. No person shall possess any substance containing synthetic cocaine.
(2) Forfeiture. Any items which may be seized or forfeited pursuant to ILCS Ch. 720, Act 550, § 12, may be forfeited in the same manner as described therein for a violation of this section.
(3) Exception. Any person who manufactures, distributes, dispenses, or is in possession of any controlled substance of synthetic cocaine for research purposes pursuant to ILCS Ch. 720, Act 550, § 11, as hereafter amended, shall be exempt from the provisions of this section.
(Ord. O-2011-06, passed 5-23-11) Penalty, see § 131.99