[R.O. 2011 § 215.1390; R.O. 2009
§ 135.22; CC 1981 § 20-134; Ord. No. 82-14, 3-17-1982]
Any person eighteen (18) years of age or over who violates Section 215.1305 by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his/her junior is guilty of a separate and special offense and upon conviction shall be subject to the penalty set forth in Section 215.1405.
[R.O. 2011 § 215.1395; R.O. 2009
§ 135.23; CC 1981 § 20-135; Ord. No. 82-14, 3-17-1982]
It is unlawful for any person to
place in any newspaper, magazine, handbill or other publication any
advertisement knowing, or under circumstances where one reasonably
should know, that the purpose of the advertisement, in whole or in
part, is to promote the sale of objects designed or intended for use
as drug paraphernalia.
[R.O. 2011 § 215.1400; Ord. No. 11-77 § 1, 4-20-2011]
A.
DELIVER
DISTRIBUTE
MDPV
POSSESS
For purposes of this Section, the following
words mean:
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.
To deliver other than by administering or dispensing 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 Methylenedioxyprovalerone, Methylone, Mephedrone,
4-methoxymethcathinone, 4-Fluoromethcathinine, and 3-Fluoromethcathinone.
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/she has the substance on his/her person
or within easy reach and 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.
B.
It shall be unlawful for any person to
possession, distribute or deliver any substance containing MDPV.
[R.O. 2011 § 215.1405; R.O. 2009
§ 135.99; CC 1981 §§ 20-131, 20-134, 20-136; Ord. No. 75-73, 12-10-1975; Ord. No. 82-14, 3-17-1982; Ord. No. 10-62 § 2, 4-13-2010]
A.
Any person who violates the provisions of Section 215.1355, 215.1360 or 215.1390 shall be confined in the City jail for a term of not more than one (1) year or be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00), or be punished by both such confinement and fine.
