(a) 
It shall be unlawful for any person, knowingly, to sell, publicly display for sale, attempt to sell, give, barter, deliver, possess, or use the following substances within the city limits:
(1) 
Any substance listed as a controlled substance or a controlled substance analogue as defined in chapter 481 of the Texas Health and Safety Code;
(2) 
Salvia divinorum or salvinorum 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;
(3) 
[(1R, 2R, 5R)-2-[2, 6-dimethoxy-4-(2-methyloctan-2-yl) phenyl]-7, 7-dimethyl-4-bicyclo [3.1.1] hept-3-enyl] methanol, commonly known as HU-308;
(4) 
(6aR, 10aR)-3-(1, 1-Dimethylbutyl)-6a, 7, 10, 10a-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] pyran, commonly known as JWH-133;
(5) 
(-)-2ß-Carbomethoxy-3ß-(4-fluorophenyl) tropane, commonly known as ß-CFT, WIN-35, 428;
(6) 
(6aR, 10aR)-1-methoxy-6, 6, 9-trimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo [c] chromen, commonly known as L-759, 633;
(7) 
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-caboxamide, commonly known as AB-PINACA;
(8) 
1-pentyl-N-tricyclo [3.3.1.13, 7] dec-1-yl-1H-indaxole-3-carboxamide, commonly known as APINACA;
(9) 
(2-iodophenyl) (1-pentyl-1H-indole-3-yl)-methanone, commonly known as AM-679;
(10) 
1-[(5-fluoropentyl)-1H-indole-3-yl]-(2-iodophenyl) methanone, commonly known as AM-694;
(11) 
1-[(5-fluoropentyl)-6-nitro-1H-indole-3-yl]-(naphthalene-1-yl) methanone, commonly known as AM-1235;
(12) 
(2-iodo-5-nitrophenyl)-[1-[(1methylpiperidin-2-yl) methyl] indole-3-yl] methanone, commonly known as 1241;
(13) 
3-(1-naphthalenylcarbonyl)-1H-Indole-1-pentanenitrile, commonly known as AM-2232;
(14) 
(1-(5-fluoropentyl)-1H-indole-3-yl) (4-ethyl-a-naphthalenyl)-methanone, commonly known as EMA-2201;
(15) 
2-phenyl-1-(1-pentylindol-3-yl) ethanone or 1-(1-pentyl-1A-indole-3-yl)-2-phenylethanone, commonly known as JWH-167;
(16) 
(1-pentyliondol-3-yl) naphthalene-l-ylmethane, commonly known as JWH-175;
(17) 
1-[(9E)-(3-pentyl-1H-inden-1-ylidene) methyl]-naphthalene, commonly known as JWH-176;
(18) 
3-[(4-methyl-1-naphthaleny) methyl]-1-pentyl-1H-indole, commonly known as JWH-184;
(19) 
3-[(4-methoxy-1-naphthaleny) methyl]-1-pentyl-1H-indole, commonly known as JWH-185;
(20) 
2-methyl-3-(1-naphthalenymethyl)-1-pentyl-1H-indole, commonly known as JWH-196;
(21) 
2-methyl-1-pentyl-1H-indole-3-yl-(4-methoxy-1-naphthyl) methane, commonly known as JWH-197;
(22) 
1-[2-(4-morpholino) ethyl]-1H-indole-3-yl-(4-methoxy-1-naphthyl) methane, commonly known as JWH-199;
(23) 
1-pentyl-3-(2-chlorophenylacetyl) indole, commonly known as JWH-203;
(24) 
1-pentyl-2-methyl-3-(phenylacetyl) indole, commonly known as JWH-205;
(25) 
1-pentyl-3-(4-methylphenylacetyl) indole, commonly known as JWH-208;
(26) 
1-pentyl-3-(3-methoxyphenylacetyl) indole, commonly known as JWH-238;
(27) 
1-pentyl-3-(4-bromophenylacetyl) indole, commonly known as JWH-248;
(28) 
1-pentyl-3-(2-bromophenylacetyl) indole, commonly known as JWH-249;
(29) 
1-pentyl-3-(2-methoxyphenylacetyl) indole, commonly known as JWH-250;
(30) 
1-pentyl-3-(2-methylphenylacetyl) indole, commonly known as JWH-251;
(31) 
1-pentyl-2-methyl-3-(2-methylphenylacetyl) indole, commonly known as JWH-252;
(32) 
2-(3-methoxyphenyl)-1-(1-pentylindol-3-yl) ethanone, commonly known as JWH-302;
(33) 
2-(3-Chlorophenyl)-1-(2-methyl-1-pentyl-1H-indole-3-yl) ethanone, commonly known as JWH-303;
(34) 
2-(2-Bromophenyl)-1-(2-methyl-1-pentyl-1H-indole-3-yl) ethanone, commonly known as JWH-305;
(35) 
2-(2-Methoxyphenyl)-1-(2-methyl-1-pentyl-1H-indole-3-yl) ethanone, commonly known as JWH-306;
(36) 
1-pentyl-3-(2-fluorophenylacetyl) indole, commonly known as JWH-311;
(37) 
2-(3-Fluorophenyl)-1-(1-pentyl-1H-indole-3-yl) ethanone, commonly known as JWH-312;
(38) 
2-(4-Fluorophenyl)-1-(1-pentyl-1H-indole-3-yl) ethanone, commonly known as JWH-313;
(39) 
2-(2-fluorophenyl)-1-(2-methyl-1-pentylindol-3-yl) ethanone, commonly known as JWH-314;
(40) 
2-(3-fluorophenyl)-1-(2-methyl-1-pentylindol-3-yl) ethanone, commonly known as JWH-315;
(41) 
Any substances similar to the above described substances which, when inhaled or otherwise ingested, may produce intoxication, stupefaction, giddiness, paralysis, irrational behavior, or which, in any manner, changes, distorts, or disturbs the auditory, visual, or mental process of the user, when the substance has no other legitimate, non-narcotic purpose.
(b) 
It shall be unlawful for any person, knowingly, to breathe, inhale, drink, or otherwise ingest, any compound, liquid, or chemical listed within this section, for the purpose of inducing a condition of intoxication, stupefaction, giddiness, paralysis, irrational behavior, or which, in any manner, changes, distorts, or disturbs the auditory, visual, or mental process of the user.
(Ordinance 640 adopted 5/13/14)
(a) 
It is not a violation of section 8.05.001 if the person breathed, inhaled, drank, or otherwise ingested the substance under the lawful supervision of an authorized law enforcement officer to enforce or ensure compliance with this section.
(b) 
It is not a violation of section 8.05.001 if the person who commits any act described in this section commits the act pursuant to the lawful direction or prescription of a licensed physician or dentist licensed by the state to direct or prescribe such act.
(c) 
Section 8.05.001 does not apply to the inhalation of a lawfully prescribed anesthesia for a medical or dental purpose.
(Ordinance 633 adopted 9/10/13)
Unless otherwise provided herein, a violation of any provision of this article shall be deemed a misdemeanor punishable as provided by section 1.01.009 of this code. Any person who violates this article shall be guilty of a class C misdemeanor and be subject to a fine of up to two thousand dollars ($2,000.00) upon conviction in municipal court.
(Ordinance 633 adopted 9/10/13)