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B. If the Commonwealth of Massachusetts hereafter enacts criminal penalties for the possession,
<br /> sale, transportation, or delivery of any chemical substance listed herein, then upon the effective
<br /> date of such enactment, this Bylaw shall no longer be deemed applicable to that substance.
<br /> However, a violation of this Bylaw occurring prior to the effective date of such enactment may
<br /> be prosecuted after the effective date of state enactment.
<br /> §50-4. Definitions:
<br /> For the purpose of this article, the following words shall have the following meanings:
<br /> PERSON. An individual, corporation, limited liability company, partnership, wholesaler,
<br /> retailer, and any license or unlicensed business, including clerk, manager, or owner of the
<br /> business.
<br /> SYNTHETIC MARIJUANA. Any substance as defined by 21 U.S.C. § 812(d), excluding
<br /> "marihuana" as such term is defined in MGL c. 94C, § 1, 21 U.S.C. § 812(d) notwithstanding; or
<br /> any one or any combination of the following cannabinoids, or, a substance containing any one or
<br /> combination of the following cannabinoids, namely JWH-018, JWH-073, CP-47, 497, JWH-200,
<br /> or, cannabicyclohexanol; or vegetable material that has been chemically treated and is possessed,
<br /> sold, or, purchased with the intent that it will, despite any labeling to the contrary, be consumed
<br /> by humans for the purpose of voluntary intoxication, said vegetable material typically having a
<br /> retail price of over $5 per ounce and contained within packaging indicating that the contents is
<br /> not for human consumption, and which, if consumed, may induce an effect or effects of
<br /> intoxication similar to a controlled substance or imitation controlled substance, said effect or
<br /> effects to include elation, euphoria, dizziness, excitement, irrational behavior, exhilaration,
<br /> paralysis, stupefaction, dulling of the senses or nervous system, or, distortion of audio, visual or
<br /> mental processes.
<br /> SYNTHETIC MARIJUANA ANALOGUE. A substance, the chemical structure of which is
<br /> substantially similar to the chemical structure of synthetic marijuana and which has a stimulant,
<br /> depressant, or hallucinogenic effect on the central nervous system that is substantially similar to
<br /> or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system
<br /> of synthetic marijuana; or with respect to a particular person, which such person represents or
<br /> intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system
<br /> that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect
<br /> on the central nervous system of synthetic marijuana.
<br /> §50-5. Violations and Penalties:
<br /> A. Any person found to be in violation of this Bylaw will be assessed a fine of$300. Each day a
<br /> violation occurs will constitute a separate offense.
<br /> B. In addition to any penalty provided in the above Subsection A, if any of the aforementioned
<br /> substances listed above are found in the possession of any person, the substance will be forfeited
<br /> by seizure by the Mashpee Police Department, or its officers, and may be destroyed by such law
<br /> enforcement officials in a method consistent with law.
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