[HISTORY: Adopted by the City Council of the City of Shamokin
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-9-2011 by Ord.
No. 11-01]
The City Council of the City of Shamokin makes the following
findings:
A.
The United States Drug Enforcement Agency has issued an order directing
the chemicals JWH-018, JWH-073, JWH-200, CP-47, 497, CP 55, 940, WIN
55, 212-2, HU-210 and cannabicyclohexanol contained in products marketed
as potpourri and incense are classified as Schedule I controlled substances.
B.
The Pennsylvania Poison Control Center reported products containing
methylenedioxpyrovalerone and marketed as bath salts have been linked
to serious physical effects to persons, resulting in hospitalization
and death.
C.
The above chemicals pose health, safety and welfare issues for the
residents of the City of Shamokin, Northumberland County, Pennsylvania.
The City of Shamokin desires to control and minimize the use
of synthetic cannabis and other synthetic drugs as described in this
article and further desires to enforce laws with respect to such behavior.
The following terms shall have the following meanings, unless
the context clearly indicates that a different meaning is intended:
Actual, constructive or attempted transfer of possession
of synthetic cannabis and synthetic drugs, with or without consideration,
whether or not there is an agency relationship.
Knows, acts knowingly or with knowledge:
The nature or attendant circumstances of his/her conduct, described
by the section defining the offense, when he/she is consciously aware
that his/her conduct is of such circumstances exists. Knowledge of
a material fact includes awareness of the substantial probability
that such fact exists.
The results of his/her conduct, described by the section defining
the offense, when he/she is consciously aware that such result is
likely to be caused by his/her conduct.
Knowledge may be inferred from the surrounding circumstances.
The production, preparation, propagation, compounding, conversion,
or processing of synthetic cannabis or synthetic drugs, 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 synthetic drugs or labeling
of its container, except that this term does not include the preparation,
compounding, packaging or labeling of synthetic cannabis or synthetic
drugs as an incident to a lawful research, teaching or chemical analysis
and not for sale.
Is a psychoactive drug with stimulant properties which acts
as a norepinephrine-dopamine reuptake inhibitor (NDRI). Reportedly,
it has been sold since around 2004 as a research chemical. It is also
known as "MDPK," "Magic," "Super Coke" and "PV." In 2010, it was reportedly
sold as a legal drug alternative and marketed in the United States
as bath salts (under such names as "Cloud 9," "Ivory Wave," "Ocean,"
"Charge Plus," "White Lightning," "Scarface," "Hurricane Charlie,"
"Vanilla Sky," "Bonzai Grow," "Blue Silk," "Serenity Now," "Lovey
Dovey," "Euphoria," "Aura," "Red Dove" and "White Dove").
Any individual, corporation, business trust, estate, trust,
partnership or association, or any other entity.
Possession may be either actual or constructive.
Planting, cultivating, tending or harvesting.
Includes the brand names K2 and Spice. It is an herbal and
chemical product which mimics the effects of cannabis, including but
not limited to synthetic cannabinoids, cannabicyclohexanol, JWH-018,
JWH-073, JWH-200, HU-210, CP-47, 497, CP-55, and 212-2.
A.
It is unlawful for any persons or corporation knowing, or under circumstances
where one reasonably should know to sell, lend, rent, lease, give,
exchange, or otherwise distribute to any persons or corporation any
product containing the following chemicals: JWH-018, JWH-073, JWH-200,
CP-47, 497, cannabicyclohexanol, CP 55, 490, HU-210 or methylenedioxpyrovalerone
and marketed as Cloud 9, Ivory Wave, Ocean, Charge Plus, White Lightning,
Scarface, Hurricane Charlie, Red Dove and White Dove, Spice, K-2,
Blaze and Red X Dawn, but not limited to incense, potpourri, plant
fertilizers, insect repellent or bath salts.
B.
It is unlawful for any person or corporation, knowing, or under any
circumstances where one reasonably should know, to display for sale
or possess with intent to distribute any product containing the following
chemicals: JWH-018, JWH-073, JWH-200, CP-47, 497, cannabicyclohexanol,
or methylenedioxypyrovalerone and marketed as Cloud 9, Ivory Wave,
Ocean, Charge Plus, White Lightning, Scarface, Hurricane Charlie,
Red Dove and White Dove, Spice, K-2, Blaze and Red X Dawn, but not
limited to incense, potpourri, plant fertilizers, insect repellent
or bath salts.
C.
It is unlawful for any person to use, or to possess with intent to
use, ingest, inhale or otherwise introduce into the human body, any
product containing the following chemicals: JWH-018, JWH-073, JWH-200,
CP-47, cannabicyclohexanol, or methylenedioxyprovalerone and marketed
as Cloud 9, Ivory Wave, Ocean, Charge Plus, White Lightning, Scarface,
Hurricane Charlie, Red Dove and White Dove, Spice, K-2, Blaze and
Red X Dawn, but not limited to incense, potpourri, plant fertilizers,
insect repellent or bath salts.
A.
Penalty. Any person who pleads guilty or is found guilty by a court
of law shall be punished by a minimum fine of not less than $100 and
not more than $600 and/or undergo imprisonment for not more than 30
days.
B.
Administrative fee. In addition, any person who violates any provision
of this section and is convicted, pleads guilty, receives court supervision
or probation by a court of law shall be ordered to pay an administrative
fee to the law enforcement agency for the testing of the substance(s)
collected.
C.
Forfeiture. Any items which may be seized of the forfeited pursuant
of statutes or guidelines for the Commonwealth of Pennsylvania may
be forfeited in the same manner as described therein for a violation
of this section.
If any provision, paragraph, word, section or article is invalidated
by any court or competent jurisdiction, the remaining provisions,
paragraphs, words, sections and chapters shall not be affected and
shall continue in full force and effect.
All other ordinances and parts of other ordinances inconsistent
or conflicting with any part of this article are hereby repealed to
the extent of such inconsistency or conflict.
This article shall take effect 10 days after final enactment
