The substances, compounds, mixtures and products covered by, and which are the subject of this article are:
(1) 
Any aromatic plant material in granular, loose leaf or powder form, or in liquid form or as a food additive, and any herbal incense type stimulant commonly characterized or represented to be legal spice/synthetic cannabinoids/synthetic “legal” marijuana, sold under numerous brand names such as “K-2,” “Spice,” etc.
(2) 
Any crystalline or powder product in crystalline, loose-powder, block tablet, or capsule form, or any stimulant-type product commonly characterized or represented to be bath salts/synthetic cathinones/synthetic stimulants, sold under numerous brand names such as “Bliss,” “Euphoria,” “Super Coke,” etc.
(Ordinance 977 adopted 2/18/13)
It shall be unlawful to market, display for sale, or package for sale any substance listed or described in Section 4.1201(1) or (2) in such a manner, under the totality of the circumstances, as to imply, or create the impression, that the ingestion or use of the substance will result in any form of euphoria, or will mimic the effect on the human body typically associated with naturally occurring cannabinoids or any other substance listed or described in any penalty group contained in the Texas Controlled Substances Act as it now exists or may be amended.
(Ordinance 977 adopted 2/18/13)
(a) 
The prohibitions set forth in Section 4.1202 shall not apply to any person or facility regulated under the Texas Pharmacy Act.
(b) 
The prohibitions set forth in Section 4.1202 shall not apply to any substance if the substance’s packaging includes
(1) 
The name and physical address of the manufacturer of the product and each ingredient or component thereof;
(2) 
The name and physical address of each distributor; and
(3) 
A complete list of all ingredients and components of the product, including their chemical composition, sufficient to provide full disclosure.
The fact that the product’s labeling does not include the foregoing may be considered as an element of the “totality of the circumstances” referred to in Section 4.1202.
(c) 
The prohibitions set forth in Section 4.1202 shall not apply to any substance labeled in accordance with the regulations of the U.S. Food and Drug Administration or other federal or state law.
(Ordinance 977 adopted 2/18/13)
(a) 
The city council having determined and found that this article is intended for the preservation of public health and safety, the city attorney or his designee is expressly authorized to institute civil proceedings to obtain temporary and permanent injunctive relief against any violation hereof, to recover any civil penalties permitted by law, and to recover the city’s costs.
(b) 
In any proceeding hereunder, the city shall also request entry of an order for the seizure of any substances or products that violate the provisions of this article.
(Ordinance 977 adopted 2/18/13)