(A) Purpose. This section is enacted to promote the health, safety and welfare of the citizens of the city by prohibiting the use, possession, distribution or delivery of any substance containing MDPV, as hereinafter defined, it being the specific finding of the city that such substances have a dangerous effect upon anyone using and/or ingesting said substances and no medicinal or beneficial purposes.
(B) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DELIVER. The actual, constructive or attempted transfer from one person to another of MDPV, whether or not there is an agency relationship, and includes a sale.
DISTRIBUTE. To deliver other than by administering or dispensing MDPV.
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 Methylenedioxypyrovalerone, Methylone, Mephedrone, 4-Methoiymethcathinone; 4-Fluormethcathinone and 3-Fluoromethcathinone.
POSSESS. With the knowledge of the presence and nature of a substance, either actually or constructively in control of a substance. A person has actual POSSESSION if he or she has the substance on his or her person or within easy reach or 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.
USE. The partaking, inhaling, smoking, consumption, ingestion or injection of MDPV.
(C) General prohibition. It shall be unlawful for any person to use, possess, distribute or deliver any substance containing MDPV, as defined in division (B) above.
(1994 Code, § 136.25) (Ord. 11-4a, passed 7-25-2011) Penalty, see § 135.999