HomeMy Public PortalAboutSynethetic Drug RegulationTOWN OF BREWSTER
2198 MAIN STREET
BREWSTER, MA 02631
PHONE: (508) 896-3701 EXT 1120
FAX: (508) 896-4538
BRHEALTH@BREWSTER-MA.GOV
WWW.TOWN.BREWSTER.MA.US
OFFICE OF
HEALTH DEPARTMENT
BOARD OF HEALTH
REGULATION PROHIBITING THE SALE OF SYNTHETIC CANNABINOIDS AND CATHINONES
A. Statement of Purpose:
WHEREAS, it has been reported by various agencies that synthetic cannabinoids, synthetic cathinones,
synthetic stimulants and synthetic psychedelic/hallucinogens have been linked to serious physical effects
resulting in hospitalization and death when ingested, inhaled or otherwise introduced into the human body;
these synthetic cannabinoids, synthetic stimulants and synthetic psychedelic/hallucinogens and synthetic
cathinones pose health, safety and welfare issues for the residents of Brewster.
B. Authority:
This regulation is promulgated pursuant to the authority granted to the Brewster Board of Health by
Massachusetts General Laws Chapter 111, Section 31 that “Boards of Health may make reasonable health
regulations.”
C. Definitions:
As used in this regulation, the following terms shall have the meaning ascribed to them below:
Person: An individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
Synthetic Marijuana or Synthetic Cannabinoids: (i) any substance as defined by 21 U.S.C. §812, excluding
“marijuana” as such term is defined in Massachusetts General Laws chapter 94C, Section 1, or (ii) any
substance that contains a chemical compound not of natural origin that has been demonstrated to have binding
activity at one or more cannabinoid receptors, including but not limited to JWH-018, JWH-073, CP-47, 497,
JWH-200, or cannabicyclohexanol, or any chemical analogue or isomer thereof. or, (iii) any substance that has
been chemically treated and is possessed, sold, or purchased with the intent that it will despite any labeling to
the contrary, be consumed by humans, for the purpose of voluntary intoxication, said substance typically having
a retail price of over five dollars per ounce and contained within packaging indicating that the content is not for
human consumption, which, if consumed, may induce an effect or effects of intoxication similar to a controlled
substance or imitation controlled substance, said effect or effects to include elation, euphoria, dizziness,
excitement, irrational behavior, exhilaration, paralysis, stupefaction, dulling of the senses or nervous system, or,
distortion of audio, visual or mental processes.
Synthetic Cathinones: (i) any substance as defined by 21 U.S.C. §812; or (ii) any β-keto phenethylamine
derivative that produces pharmacological effects similar to the Schedule I (21 U.S.C. § 812) substances
cathinone, methcathinone and 3, 4-methylenedioxymethamphetamine (MDMA), Schedule II stimulants
amphetamine, methamphetamine, and cocaine, or contains, 4-MEC, 4-MePPP, α-PVP, Butylone, Pentedrone,
Pentylone, Flephedrone, or Naphyrone or chemical analogue or isomer thereof; or (iii) any substance that has
been chemically treated and is manufactured, sold or purchased with the intent that it will, despite labeling to
the contrary, be consumed by humans for the purpose of intoxication, which if consumed, may induce an effect
or effects of any of the substances identified in this section.
Consumed: Introduced into the human body by any manner including but not limited to inhalation and
ingestion.
D. Prohibited Activity:
(1) No person shall sell, offer to sell, distribute, gift, or publicly display for sale, any synthetic marijuana
or synthetic cannabinoid or any synthetic cathinone.
(2) This regulation shall apply regardless of whether the synthetic marijuana, synthetic cannabinoid
or synthetic cathinone 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”.
E. Penalty for Violation:
Any person violating these provisions will be ordered to appear before the Board of Health at a public hearing.
After hearing, if a violation is found to have occurred, the Board of Health may impose the following penalties:
(1) In the case of a first violation, a fine of one hundred dollars ($100);
(2) In the case of a second violation, a fine of two hundred dollars ($200);
(3) In the case of a third or more violations, a fine of three hundred dollars ($300);
(4) In the case of any violation, the Board may revoke the Tobacco permit or any other permit or license
held by the violator.
F. Enforcement:
(1) Enforcement of this regulation shall be by the Brewster Board of Health or its designee, including
the Brewster Police Department.
(2) This regulation may be enforced by filing a criminal complaint in the District Court.
(3) Any resident who desires to register a complaint pursuant to the regulation may do so by contacting
the Brewster Board of Health or its designee and the Board shall investigate.
G. Severability:
If any provision of this regulation is declared invalid or unenforceable, the other provision shall not be
affected thereby but shall continue in full force and effect.
H. Effective Date:
This regulation shall take effect immediately upon publication of a summary in a newspaper of general
Circulation in the Town of Brewster, which date shall be posted on the front page of this regulation.
Adopted: October 5, 2016
Effective: November 4, 2016
Carmen Sherzo, Chairman
Joe Ford, Vice Chairman
Annie Dugan
Mary Chaffee
James Gallagher