The purpose of this article is to prohibit the use, possession,
sale, ingestion or smoking of illegal smoking products and ingestion
devices hereinafter defined within the city limits.
(Ordinance 2011-004, sec. 1(21-60),
adopted 3/14/11; 1988 Code, sec.
21-260)
means any substance, whether described as tobacco, herbs,
incense, spice or any blend thereof, regardless of whether the substance
is marketed for the purpose of being smoked, which includes any one
or more of the following chemicals:
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;
2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol
(also known as CP47, 497) and homologues;
(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);
1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018);
Butyl-3-(1-naphthoyl)indole (also known as JWH-073);
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 (also
known as JWH-004; JWH-007; JWH-009; JWH-015; JWH-016; JWH-018; JWH-019;
JWH-020; JWH-046; JWH-047; JWH-048; JWH-049; JWH-050; JWH-070; JWH-071;
JWH-072; JWH-073; JWH-076; JWH-079; JWH-080; JWH-081; JWH-082; JWH-094;
JWH-096; JWH-098; JWH-116; JWH-120; JWH-122; JWH-148; JWH-149; JWH-180;
JWH-181; JWH-182; JWH-189; JWH-193; JWH-198; JWH-200; JWH-210; JWH-211;
JWH-212; JWH-213; JWH-234; JWH-235; JWH-236; JWH-239; JWH-240; JWH-241;
JWH-242; JWH-262; JWH-386; JWH-387; JWH-394; JWH-395; JWH-397; JWH-398;
JWH-399; JWH-400; JWH-412; JWH-413; JWH-414; and JWH-415);
Naphthylmethylindones structurally derived from 1H-indole-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 (also
known as JWH-175; JWH-184; JWH-185; JWH-192; JWH-194; JWH-195; JWH-196;
JWH-197; and JWH-199);
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 (also
known as 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-346;
JWH-348; JWH-363; JWH-364; JWH-365; JWH-367; JWH-368; JWH-369; JWH-370;
JWH-371; JWH-373; and JWH-392);
Naphthylmethylindene 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 (also
known as JWH-176);
Phenylacetylindoles 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 (also known as JWH-167;
JWH-201; JWH-202; JWH-203; JWH-204; JWH-205; JWH-206; JWH-207; JWH-208;
JWH-209; JWH-237; JWH-248; JWH-249; JWH-250; JWH-251; JWH-252; JWH-253;
JWH-302; JWH-303; JWH-304; JWH-305; JWH-306; JWH-311; JWH-312; JWH-313;
JWH-314; JWH-315; and JWH-316);
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 (also
known as CP-55,940; CP-47,497; and analogues of CP-47,497, including
VII, V, VIII, I, II, III, IV, IX, X, XI, XII, XIII, XV, XVI); and
Cannabinol derivatives, except where contained in cannabis or
cannabis resin, including tetrahydro derivatives of cannabinol and
3-alkyl homologues of cannabinol or of its tetrahydro derivatives
(also known as delta-9-THC; delta-8-THC; Nabilone; HU-210; HU-211;
and WIN-55,212-2).
means equipment, a product or material that is used or intended
for use in ingesting, inhaling, or otherwise introducing an illegal
smoking product into the human body, including:
A metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipe with or without a screen, permanent screen, hashish head, or
punctured metal bowl;
A water pipe;
A carburetion tube or device;
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.
means an individual, corporation, partnership, wholesaler,
retailer or any licensed or unlicensed business.
(Ordinance 2011-004, sec. 1(21-61),
adopted 3/14/11; 1988 Code, sec.
21-261)
It shall be unlawful for any person to use, possess, purchase,
barter, give, publicly display, sell or offer for sale any illegal
smoking product.
(Ordinance 2011-004, sec. 1(21-62),
adopted 3/14/11; 1988 Code, sec.
21-262)
It shall be unlawful for any person to use or possess with intent
to use an ingestion device to inject, ingest, inhale or otherwise
introduce into the human body an illegal smoking product.
(Ordinance 2011-004, sec. 1(21-63),
adopted 3/14/11; 1988 Code, sec.
21-263)
It shall be an affirmative defense for a person charged with
an offense for possession or use of an illegal smoking product that
the use or possession was pursuant to the written direction or written
prescription of a licensed physician or dentist authorized to direct
or prescribe such act.
(Ordinance 2011-004, sec. 1(21-64),
adopted 3/14/11; 1988 Code, sec.
21-264)
