The purpose of this article is to prohibit the use, possession, sale, ingestion, smoking or delivery of restricted smoking materials as defined herein. Any form of delivery to include a simple gift constitutes a violation of this article.
(Ordinance 2011-05 adopted 4/5/11)
Restricted Smoking Material.
(1) 
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:
(A) 
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;
(B) 
2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol (also known as CP47, 497) and homologues;
(C) 
(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);
(D) 
1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
(E) 
1-butyl-3-(1-naphthoyl) indole (also known as JWH-073); or
(F) 
1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081).
(2) 
Products containing some 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,” and “Salvia Divinorum.”
(3) 
It is anticipated by the council that new products will be marketed under different names but will be subject to this definition if they contain any of the chemical components set forth above.
Restricted Smoking Material Paraphernalia.
Any paraphernalia, equipment or utensil that is used or intended to be used in ingesting or inhaling illegal smoking materials 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 2011-05 adopted 4/5/11)
It shall be unlawful for any person to use, possess, purchase, sell, offer to sell, deliver to or to give any restricted smoking materials as defined herein.
(Ordinance 2011-05 adopted 4/5/11)
It shall be unlawful for any person to have in their possession any restricted smoking paraphernalia with the intent to use it, to ingest, inhale or otherwise consume restricted smoking material. If an individual is found in possession of this type of paraphernalia it will be a violation of this article if appropriate forensic testing is done on the paraphernalia and traces of restricted smoking material are present on the device.
(Ordinance 2011-05 adopted 4/5/11)
It shall be a defense to prosecution for a violation of this article if the use of the restricted smoking material is at the direction or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substance within the state.
(Ordinance 2011-05 adopted 4/5/11)