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quantity of synthetic marijuana or synthetic marijuana
<br />analogue, as said terms are defined herein.
<br />B. This Bylaw shall apply regardless of whether the
<br />synthetic marijuana or synthetic marijuana analogue is
<br />described as tobacco, herbs, incense, spice, bath salts,
<br />plant food or any blend thereof, and, regardless of
<br />whether the substance is marketed for the purpose of
<br />being smoked or ingested, and, regardless of whether
<br />the substance is marked "not for human consumption."
<br />§50-3. Exceptions:
<br />A. It is not an offense under this Bylaw if the person
<br />was acting at the direction of the Mashpee Police
<br />Department and its officers, or federal or state law
<br />enforcement, to enforce or ensure compliance with this
<br />article prohibiting the sale of the aforementioned
<br />substances.
<br />B. If the Commonwealth of Massachusetts hereafter
<br />enacts criminal penalties for the possession, sale,
<br />transportation, or delivery of any chemical substance
<br />listed herein, then upon the effective date of such
<br />enactment, this Bylaw shall no longer be deemed
<br />applicable to that substance. However, a violation of
<br />this Bylaw occurring prior to the effective date of such
<br />enactment may be prosecuted after the effective date
<br />of state enactment.
<br />§50-4. Definitions:
<br />For the purpose of this article, the following words
<br />shall have the following meanings:
<br />PERSON. An individual, corporation, limited liability
<br />company, partnership, wholesaler, retailer, and any
<br />license or unlicensed business, including clerk,
<br />manager, or owner of the business.
<br />SYNTHETIC MARIJUANA. Any substance as
<br />defined by 21 U.S.C. § 812(d), excluding "marihuana"
<br />as such term is defined in MGL c. 94C, § 1, 21 U.S.C.
<br />§ 812(d) notwithstanding; or any one or any
<br />combination of the following cannabinoids, or, a
<br />substance containing any one or combination of the
<br />following cannabinoids, namely JWH-018, JWH-073,
<br />CP-47, 497, JWH-200, or, cannabicyclohexanol; or
<br />vegetable material that has been chemically treated and
<br />is possessed, sold, or, purchased with the intent that it
<br />will, despite any labeling to the contrary, be consumed
<br />by humans for the purpose of voluntary intoxication,
<br />said vegetable material typically having a retail price
<br />of over $5 per ounce and contained within packaging
<br />indicating that the contents is not for human
<br />consumption, and which, if consumed, may induce an
<br />effect or effects of intoxication similar to a controlled
<br />substance or imitation controlled substance, said effect
<br />or effects to include elation, euphoria, dizziness,
<br />excitement, irrational behavior, exhilaration, paralysis,
<br />stupefaction, dulling of the senses or nervous system,
<br />or, distortion of audio, visual or mental processes.
<br />SYNTHETIC MARIJUANA ANALOGUE. A
<br />substance, the chemical structure of which is
<br />substantially similar to the chemical structure of
<br />synthetic marijuana and which has a stimulant,
<br />depressant, or hallucinogenic effect on the central
<br />nervous system that is substantially similar to or greater
<br />than the stimulant, depressant, or hallucinogenic effect
<br />on the central nervous system of synthetic marijuana;
<br />or with respect to a particular person, which such
<br />person represents or intends to have a stimulant,
<br />depressant, or hallucinogenic effect on the central
<br />nervous system that is substantially similar to or greater
<br />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
<br />will be assessed a fine of $300. Each day a violation
<br />occurs will constitute a separate offense.
<br />B. In addition to any penalty provided in the above
<br />Subsection A, if any of the aforementioned substances
<br />listed above are found in the possession of any person,
<br />the substance will be forfeited by seizure by the
<br />Mashpee Police Department, or its officers, and may
<br />be destroyed by such law enforcement officials in a
<br />method consistent with law.
<br />§50-6. Enforcement:
<br />This Bylaw shall be implemented and enforced by the
<br />Board of Health, its authorized Agents and the
<br />Mashpee Police Department, by its officers.
<br />§50-7. Severability:
<br />If any provision of this article shall be held to be invalid
<br />by a court of competent jurisdiction, then such
<br />provision shall be considered separately and apart from
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