Illegal Bath Salts Ordinance

ORDINANCE 2011-2

An Ordinance Banning the Sale or Possession of Certain Chemicals Being Marketed as, but not Limited to Bath Salts

WHEREAS, it has been reported by various agencies that products being marketed as bath salts, among other things, and containing the chemicals JWH-018, JWH-200, JWH-073, CP-47, 497, Cannabicyclohexanol, 3.4Methylenedioxyprovalerone (MDPV), Methylone, Mephedrone, 4-Methoxymethcathinone, 4-Fluoromethcathinone, and 3-Fluoromethcathinone have been linked to serious physical effects resulting in hospitalization and death when ingested, inhaled or otherwise introduced into the human body; and

WHEREAS, these chemicals pose health, safety, and welfare issues for the residents of the City of Hazleton.

BE IT HEREBY ORDAINED AND ENACTED that:

(1) 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 corporations any product containing the following chemicals: JWH-018, JWH-200, JWH-073, CP-47, 497, Cannabicyclohexanol, 3.4Methylenedioxyprovalerone (MDPV), Methylone, Mephedrone, 4-Methoxymethcathinone, 4-Fluoromethcathinone, and 3-Fluoromethcathinone, and marketed as, but not limited to incense, potpourri, plant fertilizers, insect repellants, or bath salts; and

(2) It is unlawful for any person or corporation knowing, or under 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-200, JWH-073, CP-47, 497, Cannabicyclohexanol, 3.4Methylenedioxyprovalerone (MDPV), Methylone, Mephedrone, 4-Methoxymethcathinone, 4-Fluoromethcathinone, and 3-Fluoromethcathinone, and marketed as, but not limited to incense, potpourri, plant fertilizers, insect repellents, or bath salts; and

(3) 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-200, JWH-073, CP-47, 497, Cannabicyclohexanol, 3.4Methylenedioxyprovalerone (MDPV), Methylone, Mephedrone, 4-Methoxymethcathinone, 4-Fluoromethcathinone, and 3-Fluoromethcathinone, and marketed as, but not limited to incense, potpourri, plant fertilizers, insect repellents, and bath salts.


BE IT FURTHER ORDAINED AND ENACTED that any person or corporation violating the terms of this Ordinance shall be punished, upon conviction, with a fine up to $500 and/or incarceration of up to 30 days, with each day of the violation constituting a separate offense.

ORDAINED AND ENACTED by Council this 23rd day of March, 2011.