§ 16-101 — Definitions

§ 16-101. Definitions.

(a) In general. In this title, the following terms have the meanings indicated. (b) Distribute. “Distribute” means to: (1) give away, sell, deliver, dispense, issue, transfer, or otherwise distribute; (2) offer to give away, sell, deliver, dispense, issue, transfer, or otherwise distribute; or (3) cause or hire any person to: (i) give away, sell, deliver, dispense, issue, transfer, or otherwise distribute; or (ii) offer to give away, sell, deliver, dispense, issue, transfer, or otherwise distribute. (c) Psychoactive substance. (1) In general. “Psychoactive substance” means any: (i) synthetic cannabinoid; (ii) synthetic cathinone; or (iii) psychoactive substance analogue. (2) Exclusions. “Psychoactive substance” does not include a substance that: (i) has an approved drug application by the U.S. Food and Drug Administration; and (ii) is being distributed in accordance with all applicable federal and state laws and regulations. (d) Psychoactive substance analogue. “Psychoactive substance analogue” means a substance that: (1) is an alkyl homologue of a synthetic cannabinoid or synthetic cathinone; or (2) in its chemical structure, differs from a synthetic cannabinoid or synthetic cathinone only by: (i) substituting 1 or more hydrogens with halogens; or (ii) substituting 1 or more halogens with different halogens. (e) Synthetic cannabinoid. (1) In general. “Synthetic cannabinoid” means a chemically engineered substance that: (i) has binding activity at 1 or more cannabinoid receptors; (ii) is a chemical analogue or isomer of a compound that has binding activity at 1 or more cannabinoid receptors; or (iii) is identified as a cannabimimetic agent, as defined in State Code Criminal Law Article § 5-101. (2) Illustrations. A synthetic cannabinoid is commonly, but not exclusively, found sprayed on dried herbs, to be burned and inhaled by consumers. (f) Synthetic cathinone. (1) In general. “Synthetic cathinone” means a chemically engineered derivative of cathinone, which is a naturally occurring beta-ketone amphetamine analogue found in the leaves of the catha edulis plant. (2) Inclusions. “Synthetic cathinone” includes butylone, dimethylcathinone, ethcathinone, ethylone, 3- and 4-fluoromethcathinone, mephedrone, methedrine, methylenedioxypyrovalerone (MDVP), methylone, and pyrovalerone. (3) Illustrations. A synthetic cathinone is commonly, but not exclusively, found in the form of pills, capsules, crystals, powders, tablets, or liquids.

(Ord. 16-440.)