For purposes of this article:
Prohibited 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-210 or HU-211 or Dexanabinol);
(4) 
1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018, Spice or K2);
(5) 
1-butyl-3-(1-naphthoyl) indole (also known as JWH-073);
(6) 
1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081);
(7) 
N-benzylpiperazine, commonly known as BZP;
(8) 
1-(3-[trifluoromethylphenyl]) piperazine, commonly known as TFMPP;
(9) 
Any other synthetic cannabinoid; or
(10) 
Any similar substance which when inhaled or otherwise ingested produces intoxication, stupefaction, giddiness, paralysis, or irrational behavior or in any manner, changes, distorts or disturbs the auditory, visual, or mental process and the product or substance had no other apparent legitimate purpose for consumers.
(2001 Code, sec. 8.1201)
(a) 
It shall be a defense to prosecution for a violation of section 8.06.002 if the use of the prohibited smoking material is at the direction of 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 for a violation of section 8.06.002 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 a spiritual leader recognized by the state.
(2001 Code, sec. 8.1203)