Borough of Pine Grove, PA Drugs

The intent of the article is for the Borough of Pine Grove to control and minimize the use of synthetic cannabis and other synthetic drugs and to exercise the authority pursuant to the U.S. Drug Enforcement Agency issuing an order directing that 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 and are classified as Schedule I controlled substances. In addition, the Pennsylvania Poison Control Center reported that products contain Methylenedioxypyrovalerone and marketed as bath salts have been linked to serious physical effects to persons resulting in hospitalization and death.

(2)

The Borough hereby finds, determines, and declares that this article is necessary for the immediate preservation of the public health, safety, and welfare of the citizens residing within the Borough and to provide for the safety of those residing in or visiting the Borough of Pine Grove.

Applicability. This article shall apply uniformly to all persons within the Borough of Pine Grove, and shall be binding upon the officials of the Borough of Pine Grove as specified hereinafter.

Definitions and word usage.

(1)

Unless specifically defined, words or phrases used herein shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application consistent with the intent and applicability herein expressed.

(2)

The word "shall" is always mandatory and not merely directory.

(3)

Words used in the present tense include the future and past, words in the plural number include the singular, words in the singular number include words in the plural, and words either in the feminine, masculine, or neuter shall include words of the other two genders; except where the context dictates that only the stated tense, number or gender should apply.

(4)

Throughout this article, the following words and phrases shall have the specific definitions provided:

DELIVER or DELIVERY

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.

KNOWLEDGE

Knows, acts knowingly or with knowledge:

(a)

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 nature or that such circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that such fact exists.

(b)

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.

(c)

Knowledge may be inferred from the surrounding circumstances.

MANUFACTURE

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 lawful research, teaching or chemical analysis and not for sale.

METHYLENEDIOXYPYROVALERONE (MDPV)

Is a psychoactive drug with stimulant properties which acts as a nonrepinephrine-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, Vanella Sky, Bonzai Grow, Blue Silk, Serenity Now, Lovey Dovey, Euphoria, Aura, Red Dove and White Dove.

PERSON

Any individual, corporation, business trust, estate, trust, partnership or association, or any other entity.

POSSESSION

Possession may be either actual or constructive.

(a)

Actual possession means exercising physical dominion.

(b)

Constructive possession may be inferred if the defendant has intent and capacity to maintain control and dominion over the cannabis, synthetic drug or drug paraphernalia.

PRODUCE or PRODUCTION

Planting, cultivating, tending or harvesting.

SYNTHETIC CANNABIS

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.

Application of statutes and ordinances. The provisions of Borough Code and the laws, as aforementioned and any other related and applicable Laws of the Commonwealth of Pennsylvania, including any amendments thereto, shall apply within the Borough of Pine Grove; except, the specific provisions of this article shall be read to clarify those provisions. All provisions herein are to be construed, whenever possible, to be consistent with the provision of the Laws of the Commonwealth of Pennsylvania; and all provisions herein shall be construed as clarified, and augmented by applicable provisions of said Laws. Notwithstanding anything herein provided, the provisions of all the Borough Ordinances shall apply, except such ordinances are herein or hereafter specifically amended or repealed.

§ 93-2 Interference.

No person shall interfere with, hinder, or molest any agent of the Borough in the performance of any duty as herein provided.

Any person violating this section shall be deemed guilty of a misdemeanor and shall be subject to a fine of not less than $300 or greater than $1,000.

§ 93-3 Enforcement; assessments; penalties.

Enforcement. The Borough Police Department and any other Borough appointed or designated official, shall enforce the provisions of this article.

Additional remedies.

(1)

In addition to the assessment and fines provided for in this article, a person convicted hereunder shall pay all costs of prosecution.

(2)

In addition to the assessments, fines and costs all other actions are hereby reserved, including in equity for the proper enforcement of this article.

(3)

The imposition of a fine or other penalty for any violation of, or noncompliance with, provision of this article shall not excuse the violation or noncompliance or permit to continue; and all persons shall be required to correct or remedy such violation or noncompliance. The assessments, fines, penalties, and other actions provided for in this article shall be cumulative and resorting to any one remedy shall not preclude the Borough from pursuing other remedies provided for herein or by applicable Laws of this Commonwealth.

§ 93-4 Laws and regulations.

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 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, and any other dangerous chemicals as may be amended from time to time on the Pine Grove Borough Police Department Scheduled Drug List.

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, Canabicyclohexanol, 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, and any other dangerous chemicals as may be amended from time to time on the Pine Grove Borough Police Department Scheduled Drug List.

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 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, and any other dangerous chemicals as may be amended from time to time on the Pine Grove Borough Police Department Scheduled Drug List.

No person shall possess any substance containing synthetic cannabis or synthetic drugs, and any other dangerous chemicals as may be amended from time to time on the Pine Grove Borough Police Department Scheduled Drug List.

§ 93-5 Violations and penalties.

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 $300 and no more than $1,000 and/or undergo penalties under Pennsylvania Crimes Code Title 35.

Administrative fee. In addition, any person who violates any provision of this article 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 testing of the substance(s) collected.

Administrative fee forfeiture. Any items which may be seized of forfeited pursuant to statutes or guidelines for the Commonwealth of Pennsylvania may be forfeited in the same manner as described therein for a violation of this section.

§ 93-6 Miscellaneous provisions.

Conflict. All other ordinances, or parts of ordinances, inconsistent and conflicting with any part of this article, are hereby repealed to the extent of such inconsistency or conflict.

Severability.

(1)

In the event any provision, section, sentence, clause, or part of this article shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this article, it being the intent of the Borough Council that such remainder shall be and shall remain in full force and effect and for this purpose the provisions of this article are hereby declared to be severable.

(2)

In the event any Legislation by the Commonwealth of Pennsylvania or by the United States or any regulation promulgated by a duly authorized agency of the commonwealth or the federal government shall be or become effective dealing with the same or similar subject matter as that included in any provision, section, sentence, clause or part of this article, such shall remain in full force and effect if it is more restrictive, and not inconsistent, with such legislation or regulation, the more restrictive provision, section, sentence, clause or part of this article shall be interpreted according to such legislation or regulation and not superseded by it. However, all the remaining parts of this article shall be and shall remain in full force and effect and for this purpose the provisions of this article are declared to be severable, and, also consist herewith. The provisions of this article may be superseded and automatically amended by any more restrictive state or federal legislation or any regulations promulgated by a duly authorized state or federal agency.

Effective date. This article shall become fully effective and applicable after its passage and approval as provided by law by the Pine Grove Borough Council.

Warning. The degree of protection sought by the provisions of this article is considered reasonable for regulatory purposes.