The purpose of this article is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products and ingestion devices hereinafter defined within the city limits of the City of Euless.
(Ordinance 1889, § II, 10-26-10)
The following words and phrases as used in this section shall have the meanings as set forth in this subsection.
Illegal smoking product
shall mean any plant or other substance, whether described as tobacco, herbs, incense, spice, or any blend thereof, regardless of whether the substance is marked for the purpose of being smoked, which includes any one or more of the following substances or chemicals:
(1) 
Salvinorin A. Contained within the Salvia Divinorum plant, whether growing or not; or possessed as an extract, compound, manufacture, derivative, mixture, or preparation of such plant; or
(2) 
2-[(1R, 3S)-3-hydroxycyclohexyl}-5-(2-methylocatan-2-y1) phenol (also known as CP 47, 497) and homologues; or
(3) 
1-Pentyl-3-(1-naphthoyl) indole (also known as JWH-018); or
(4) 
Butyl-3(1-naphthoyl) indole (also known as JWH-073); or
(5) 
Any products sold, distributed or possessed in the form of incense or herbal smoking blends under the names such as “K-2,” “K-2 Summit,” “K-2 Sex,” “Genie,” “Spice,” “Dascents,” “Zohai,” “Sage,” “Pep Spice,” “Solar Flare,” “K-O Knockout 2,” “Spice Gold,” “Spice Diamond,” “Spice Cannabinoid,” “Yucatan Fire,” “Fire N Ice,” “Salvia Divinorum,” or related products or chemicals when ingested produce intoxicating effects similar to marijuana.
Ingestion device
shall mean equipment, a product or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including:
(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.
Person
shall mean an individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
(Ordinance 1889, § II, 10-26-10)
(a) 
It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product.
(b) 
It shall be unlawful for any person to use or possess an ingestion device with the intent to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product.
(c) 
The culpable mental state required by V.T.C.A., Penal Code Ch. 6.02, as amended, is specifically negated and dispensed with, and a violation is a strict liability offense.
(d) 
Any person, firm or corporation found to be violating any term or provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with section 1-12 of this Code. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder.
(Ordinance 1889, § II, 10-26-10)
(a) 
It shall be an affirmative defense for a person charged with an offense for possession or use of an illegal smoking product that the use or possession was pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act.
(b) 
It shall be a primary affirmative defense that the sale or possession by a person of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose.
(Ordinance 1889, § II, 10-26-10)