ARTICLE 8.700: ILLEGAL SMOKING PRODUCTS

For the purposes of this article, certain terms and words are hereby defined. Words used in the present tense include the future, the singular number includes the plural, and the plural the singular; reference to the male gender includes the female, and references to any person or animal without specifying gender include both male and female; the word “shall” is mandatory and directory wherever it is used in this article.

(b)

The following terms and words are defined:

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 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 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-o1) (also known as HU-211 or Dexanabinol);

(D)

1-pentyl-3(1-naphtholyl) 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 any 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;

A chamber pipe;

A carburetor pipe;

An electric pipe;

An air-driven pipe;

A chillum;

A bong; or

An ice pipe or chiller.