Illegal smoking materials.
Illegal drugs as defined by the Texas Penal Code and that may be consumed by inhaling or smoking.
Restricted materials (MDPV).
Any substance containing methylenedioxypyrovalerone, however marketed, which can reasonably be converted for smoking, inhaling or ingesting purposes whether it is presented as bath salt, incense, tobacco, herbs, spices or any blend thereof.
(1) 
Products containing the above substances are currently being marketed under the following commercial names:
“MDPK,” “MAGIC,” “SUPER CODE,” “PV,” “BATH SALTS,” “CLOUD 9,” “IVORY WAVE,” “OCEAN,” “CHARGE PLUS,” “WHITE LIGHTENING,” “SCARFACE,” “HURRICANE CHARLIE,” “RED DOVE,” “WHITE DOVE,” “VANILLA SKY,” and “BLISS.”
(2) 
Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this article, regardless of whether they are marketed under alternative names.
Restricted smoking material.
Any substance, however marketed, which can reasonably be converted for smoking purposes whether it is presented as incense, tobacco, herbs, spices or any blend thereof if it includes any of the following chemicals or a comparable chemical:
(1) 
Salvia divinorum or salvinorin A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts;
(2) 
2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol (also known as CP47,497) and homologues;
(3) 
(6aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo [c] chromen-1-ol (also known as HU-211 or Dexanabinol);
(4) 
1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
(5) 
1-butyl-3-(1-naphthoyl) indole (also known as JWH-073); or
(6) 
1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081).
(7) 
Naphthoylindoles structurally derived from 3-(1-naphthoyl) indole by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the napthyl ring to any extent, including:
AM-2201;
JWH-165;
JWH-004;
JWH-166;
JWH-007;
JWH-180;
JWH-009;
JWH-181;
JWH-015;
JWH-182;
JWH-016;
JWH-189;
JWH-018;
JWH-193;
JWH-019;
JWH-198;
JWH-020;
JWH-200;
JWH-046;
JWH-210;
JWH-047;
JWH-211;
JWH-048;
JWH-212;
JWH-049;
JWH-213;
JWH-050;
JWH-234;
JWH-073;
JWH-235;
JWH-076;
JWH-239;
JWH-079;
JWH-240;
JWH-080;
JWH-241;
JWH-081;
JWH-242;
JWH-082;
JWH-258;
JWH-083;
JWH-259;
JWH-093;
JWH-260;
JWH-094;
JWH-262;
JWH-095;
JWH-267;
JWH-096;
JWH-386;
JWH-097;
JWH-387;
JWH-098;
JWH-394;
JWH-099;
JWH-395;
JWH-100;
JWH-397;
JWH-116;
JWH-398;
JWH-122;
JWH-399;
JWH-148;
JWH-400;
JWH-149;
JWH-412;
JWH-153;
JWH-413; and
JWH-159;
JWH-414;
JWH-164;
(8) 
Naphthylmethylindones structurally derived from 1H-indol-3-yl-(1-naphthyl) methane by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:
JWH-175;
JWH-184;
JWH-185;
JWH-192;
JWH-194;
JWH-195;
JWH-196;
JWH-197; and
JWH-199;
(9) 
Naphthoylpyrroles structurally derived from 3-(1-naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl) ethyl, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:
JWH-030;
JWH-145;
JWH-146;
JWH-147;
JWH-150;
JWH-156;
JWH-243;
JWH-244;
JWH-245;
JWH-246;
JWH-292;
JWH-293;
JWH-307;
JWH-308;
JWH-309;
JWH-346;
JWH-347;
JWH-348;
JWH-363;
JWH-364;
JWH-365;
JWH-366;
JWH-367;
JWH-368;
JWH-369;
JWH-370;
JWH-371;
JWH-372;
JWH-373; and
JWH-392;
(10) 
Naphthylmethylindenes structurally derived from 1-(1-naphthylmethyl) indene by substitution at the 3-position of the indene ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:
JWH-171;
JWH-172;
JWH-173; and
JWH-176;
(11) 
Phenylacetylindoles structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent, including:
AM-694;
AM-1241;
JWH-167;
JWH-203;
JWH-204;
JWH-205;
JWH-206;
JWH-208;
JWH-237;
JWH-248;
JWH-249;
JWH-250;
JWH-251;
JWH-252;
JWH-253;
JWH-302;
JWH-303;
JWH-305;
JWH-306;
JWH-311;
JWH-312;
JWH-313;
JWH-314; and
JWH-315;
(12) 
Cyclohexylphenols structurally derived from 2-(3-hydroxycyclohexyl) phenol by substitution at the 5-position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl) ethyl, whether or not substituted in the cyclohexyl ring to any extent, including:
CP-55,940;
CP-47,497;
13 analogues of CP-47,497, including VII, V, VIII, I, II, III, IV, IX, X,
XI, XII, XIII, XV, and XVI;
JWH-337;
JWH-344;
JWH-345; and
JWH-405;
(13) 
Cannabinol derivatives, except where contained in marihuana, including tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, such as:
Nabilone;
HU-210;
HU-211; and
WIN-55,212-2.
Products containing some or all of the above substances are currently being marketed under the following commercial names:
“K-2,” “K-2 SUMMIT,” “K-2 SEX,” “GENIE,” “DASCENTS,” “ZOHAI,” “SAGE,” “SPICE,” “KO KNOCK-OUT 2,” “SPICE GOLD,” “SPICE DIAMOND,” “YUCATAN FIRE,” “SOLAR FLARE,” “PEP SPICE,” “FIRE N’ ICE,” “SALVIA DIVINORUM.”
Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this article, regardless of whether they are marketed under alternative names.
Restricted smoking material paraphernalia.
Any paraphernalia, equipment or utensil that is used or intended to be used in ingesting or inhaling illegal smoking materials or restricted smoking material and may include:
(1) 
A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
(2) 
A water pipe;
(3) 
A carburetion tube or device;
(4) 
A smoking or carburetion mask;
(5) 
A chamber pipe;
(6) 
A carburetor pipe;
(7) 
An electric pipe;
(8) 
An air-driven pipe;
(9) 
A chillum;
(10) 
A bong; or
(11) 
An ice pipe or chiller.
(Ordinance 76 adopted 4/5/11)
The purpose of this article is to prohibit the sale, use, possession or delivery of restricted smoking materials, restricted smoking material paraphernalia and restricted material (MDPV) as defined within the city limits. Any form of delivery to include a simple gift constitutes a violation of this article.
(Ordinance 76 adopted 4/5/11)
It shall be unlawful for any person to sell, offer to sell, deliver to or to give any restricted smoking materials, restricted smoking paraphernalia or any restricted material (MDPV) to any person.
(Ordinance 76 adopted 4/5/11)
(a) 
A person commits an offense if he uses, possesses, buys, sells, offers for sale, barters, gives, publicly displays, delivers, or transfers any restricted smoking materials, or any restricted materials (MDPV) within the corporate limits of the city.
(b) 
A person commits an offense if he uses, inhales, ingests, or otherwise introduces into the human body any restricted smoking materials or any restricted materials (MDPV).
(Ordinance 76 adopted 4/5/11)
It shall be unlawful for any person to have in their possession or to offer for sale or to transfer or deliver any restricted smoking paraphernalia. It is also a violation of this section, if a person is found in possession of restricted smoking paraphernalia and appropriate forensic testing is done on the paraphernalia showing traces of restricted smoking material are present on the restricted smoking paraphernalia.
(Ordinance 76 adopted 4/5/11)
(a) 
It shall be a defense to prosecution for a violation of this article if the use of the restricted smoking material or the restricted material (MDPV) is at the direction or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the state.
(b) 
It shall be a defense to prosecution under the terms of this article if an individual charged with a violation can provide proper and complete historic documentation that the use of such materials is a portion of a religious undertaking or activity of a religious denomination in which they have long standing historic membership supported by documentation from clergy or spiritual leader recognized by the state.
(c) 
In the case of restricted material MDPV, it is a defense to prosecution under the terms of this article if the material containing MDPV is a component of a lawful substance, such as plant food, that is possessed, bought, sold, offered for sale, bartered, given, publicly displayed, delivered, or transferred solely for such lawful purpose.
(Ordinance 76 adopted 4/5/11)
(a) 
Any person, firm or corporation who violates any section of this article, as so amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined any sum not in excess of $2,000.00, and assessed court costs as provided by law.
(b) 
Every act in violation of this article shall constitute a separate offense.
(c) 
Unless the fine to be imposed in a particular case is in excess of $200.00 evidence of culpable mental state is not required for the proof of an offense of this article.
(Ordinance 76 adopted 4/5/11)