[HISTORY: Adopted by the City Council of the City of Lock
Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-6-2011 by Ord.
No. 883]
The following words, terms and phrases when used in this article,
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.
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.
To deliver MDVP, synthetic cannabinoids, or other synthetic
drugs and/or their derivatives.
A person acts knowingly with respect to a material element
of this article when:
The element involves the nature of his/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; and
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;
The results of his/her conduct, described by the section defining
the offense, when he/she knows or should have known that such a result
is likely to be caused by his/her conduct.
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.
Commonly referred to as "bath salts"; 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").
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.
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.
An herbal and chemical product which mimics the effects of
cannabinoids, including but not limited to synthetic cannabinoids,
cannablcvclohexano, synthetic cannabis, 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 SPICE-Diamond, 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").
It shall be unlawful for any person to knowingly, recklessly,
or under the circumstances where one should know, to:
A.Â
Sell at retail or wholesale MDPV commonly referred to as "bath salts"
and/or its derivatives or synthetic cannabinoids and/or its derivatives;
B.Â
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.
C.Â
Manufacture any MDPV commonly referred to as "bath salts" and/or
its derivatives or synthetic cannabinoids and/or its derivatives.
D.Â
Produce any MDPV commonly referred to as "bath salts" and/or its
derivatives or synthetic cannabinoids and/or its derivatives.
Any person, firm or corporation violating any provision of this
article, shall upon conviction (hereof, be guilty of a summary offense,
and shall be fined not to exceed $300 for any one offense, recoverable
with costs, together with judgment or imprisonment not to exceed 30
days per offense.
