05/02/2016 Annual Town Meeting - Laserfiche WebLink

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Motion: I move the Town vote to approve Article 19 as printed in the Warrant, with the exception of the phrase "or take any other action relating thereto." Motion passes at 8:30 PM. Article 20 To see if the Town will vote to amend the General Bylaws as follows: Add the following Chapter: CHAPTER 50 — SYNTHETIC MARIJUANA AND SYNTHETIC MARIJUANA ANALOGUE §50-1. Purpose and Intent: It has been determined that certain businesses and/or individuals within the Town of Mashpee are possessing and selling certain substances which, when ingested, produce intoxicating effects similar to Tetrahydrocannabinol (THC) or marijuana. These substances, which are described herein, are often used as an alternative synthetic to marijuana and are potentially dangerous to users and society, and the long-term effects are not yet known. The effects of these substances are a health concern to the citizens of Mashpee. Not all of the substances are categorized as illegal controlled substances under state or federal law. By selling these legal substances for smoking and ingestion in the guise of incense, the manufacturers avoid the United States Food and Drug Administration process for study and approval of such prior to distribution for consumption. In addition, by marketing such incense products directed at the controlled drug subculture, the manufacturers and sellers avoid the schedule implications of the Controlled Substances Act. The Town of Mashpee Board of Selectmen recognizes there is no legitimate purpose for such synthetic chemicals contained therein. §50-2. Prohibited Activities: A. It shall be unlawful for any person to possess, sell, barter, give, publicly display for sale; attempt to possess, sell, barter, or give; or transport any material, compound, mixture or preparation within the corporate limits of the Town of Mashpee which contains any quantity of synthetic marijuana or synthetic marijuana analogue, as said terms are defined herein. B. This Bylaw shall apply regardless of whether the synthetic marijuana or synthetic marijuana analogue is described as tobacco, herbs, incense, spice, bath salts, plant food or any blend thereof, and, regardless of whether the substance is marketed for the purpose of being smoked or ingested, and, regardless of whether the substance is marked "not for human consumption." §50-3. Exceptions: A. It is not an offense under this Bylaw if the person was acting at the direction of the Mashpee Police Department and its officers, or federal or state law enforcement, to enforce or ensure compliance with this article prohibiting the sale of the aforementioned substances. 20