The purpose of this article is to prohibit the sale or delivery of restricted smoking materials as defined within the city limits, and to prohibit the possession of restricted smoking materials within the city limits. Any form of delivery to include a simple gift constitutes a violation of this article.
(Ordinance 2011-07-18-04 adopted 7/18/11)
The following definitions apply in this article; words used but not defined in this article shall have their ordinarily accepted meaning:
Restricted 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-211 or Dexanabinol);
(4) 
1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
(5) 
1-butyl-3-(1-naphthoyl) indole (also known as JWH-073); or
(6) 
1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081).
(7) 
Naphthoylindoles structurally derived from 3-(1-naphthoyl) indole by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the napthyl ring to any extent, including:
AM-2201;
JWH-165;
JWH-004;
JWH-166;
JWH-007;
JWH-180;
JWH-009;
JWH-181;
JWH-015;
JWH-182;
JWH-016;
JWH-189;
JWH-018;
JWH-193;
JWH-019;
JWH-198;
JWH-020;
JWH-200;
JWH-046;
JWH-210;
JWH-047;
JWH-211;
JWH-048;
JWH-212;
JWH-049;
JWH-213;
JWH-050;
JWH-234;
JWH-073;
JWH-235;
JWH-076;
JWH-239;
JWH-079;
JWH-240;
JWH-080;
JWH-241;
JWH-081;
JWH-242;
JWH-082;
JWH-258;
JWH-083;
JWH-259;
JWH-093;
JWH-260;
JWH-094;
JWH-262;
JWH-095;
JWH-267;
JWH-096;
JWH-386;
JWH-097;
JWH-387;
JWH-098;
JWH-394;
JWH-099;
JWH-395;
JWH-100;
JWH-397;
JWH-116;
JWH-398;
JWH-122;
JWH-399;
JWH-148;
JWH-400;
JWH-149;
JWH-412;
JWH-153;
JWH-413; and
JWH-159;
JWH-414;
JWH-164;
 
(8) 
Naphthylmethylindones structurally derived from 1H-indol-3-yl-(1-naphthyl) methane by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:
JWH-175;
JWH-184;
JWH-185;
JWH-192;
JWH-194;
JWH-195;
JWH-196;
JWH-197; and
JWH-199;
(9) 
Naphthoylpyrroles structurally derived from 3-(1-naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl) ethyl, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:
JWH-030;
JWH-145;
JWH-146;
JWH-147;
JWH-150;
JWH-156;
JWH-243;
JWH-244;
JWH-245;
JWH-246;
JWH-292;
JWH-293;
JWH-307;
JWH-308;
JWH-309;
JWH-346;
JWH-347;
JWH-348;
JWH-363;
JWH-364;
JWH-365;
JWH-366;
JWH-367;
JWH-368;
JWH-369;
JWH-370;
JWH-371;
JWH-372;
JWH-373; and
JWH-392;
(10) 
Naphthylmethylindenes structurally derived from 1-(1-naphthylmethyl) indene by substitution at the 3-position of the indene ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:
JWH-171;
JWH-172;
JWH-173; and
JWH-176;
(11) 
Nhenylacetylindoles structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent, including:
AM-694;
AM-1241;
JWH-167;
JWH-203;
JWH-204;
JWH-205;
JWH-206;
JWH-208;
JWH-237;
JWH-248;
JWH-249;
JWH-250;
JWH-251;
JWH-252;
JWH-253;
JWH-302;
JWH-303;
JWH-305;
JWH-306;
JWH-311;
JWH-312;
JWH-313;
JWH-314; and
JWH-315;
(12) 
Cyclohexylphenols structurally derived from 2-(3-hydroxycyclohexyl) phenol by substitution at the 5-position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl) ethyl, whether or not substituted in the cyclohexyl ring to any extent, including:
CP-55,940;
CP-47,497;
(13) analogues of CP-47, 497, including VII, V, VIII, I, II, III, IV, IX, X, XI, XII, XIII, XV, and XVI;
JWH-337;
JWH-344;
JWH-345; and
JWH-405;
(13) 
Cannabinol derivatives, except where contained in marihuana, including tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, such as:
Nabilone;
HU-210;
HU-211; and
WIN-55, 212-2.
(14) 
Methylenedioxypyrovalerone and mephedrone (referred to herein as “MDPV”)
(A) 
Products containing some or all 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,” “SALVIA DIVINORUM,” “MDPK,” “MAGIC,” “SUPER CODE,” “PV,” “BATH SALTS,” “CLOUD 9,” “IVORY WAVE,” “OCEAN,” “CHARGE PLUS,” “WHITE LIGHTENING,” “SCARFACE,” “HURRICANE CHARLIE,” “RED DOVE,” “WHITE DOVE,” “VANILLA SKY,” and “BLISS.”
(B) 
Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this article, regardless of whether they are marketed under alternative names.
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 2011-07-18-04 adopted 7/18/11)
(a) 
Enforcement officers.
Police officers acting in the lawful discharge of an official duty are hereby authorized to enforce this article.
(b) 
Penalty.
Any person, firm or corporation who violates any provision of this article or any order made under the authority of this article, or who causes or permits any such violation, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than two thousand dollars ($2,000.00), and assessed court costs as provided by law.
(c) 
Offense.
Every act in violation of this article shall constitute a separate offense. Unless the fine to be imposed in a particular case is in excess of five hundred dollars ($500.00), evidence of culpable mental state is not required for the proof of an offense of this article.
(Ordinance 2011-07-18-04 adopted 7/18/11)
(a) 
A person commits an offense if he uses, possesses, buys, sells, offers for sale, barters, gives, publicly displays, delivers, or transfers any restricted smoking materials within the corporate limits of the city.
(b) 
A person commits an offense if he uses, inhales, ingests, or otherwise introduces into the human body any restricted smoking materials.
(Ordinance 2011-07-18-04 adopted 7/18/11)
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. It is a violation of this section, if a person is found in possession of restricted smoking paraphernalia and appropriate forensic testing is done on the paraphernalia showing traces of restricted smoking material are present on the restricted smoking paraphernalia.
(Ordinance 2011-07-18-04 adopted 7/18/11)
(a) 
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 substances within the state.
(b) 
It shall be a defense to prosecution under the terms of this article 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 spiritual leader recognized by the state.
(Ordinance 2011-07-18-04 adopted 7/18/11)