Illegal smoking paraphernalia
means any equipment, product, object, or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including:
(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.
Illegal smoking product
means any plant or other substance, including any plant or other substance that fits the definition of [drug] provided by section 481.002(16) Health and Safety Code, whether described as herbs, incense, spice, or other substance including any blend thereof, including but not limited to a blend that fits the definitions provided by section 482.001(3) and (4), under any of the marketed names of illegal smoking products, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following substances or chemicals:
(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 or similar structural analogs;
(2) 
2-[(1R,3S-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol (also known as CP47, 497) and homologues or similar structural analogs;
(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) or similar structural analogs;
(4) 
1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018) or similar structural analogs;
(5) 
1-butyl-3-(1-naphthoyl) indole (also known as JWH-073) or similar structural analogs;
(6) 
1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081) or similar structural analogs.
Marketed names of illegal smoking products.
Illegal smoking products containing some or all of the above substances currently marketed under the following commercial names: K-2, K-2 Summit, Kush, 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.
Person
means an individual, corporation, partnership, wholesaler, retailer, or any licensed or unlicensed business.
(Ordinance 117, sec. 2(1), adopted 4/19/2011)
(a) 
It shall be unlawful for any person to use, possess, purchase, barter, give, deliver, publicly display, sell, or offer for sale any illegal smoking product.
(b) 
It shall be unlawful for any person to use or possess any illegal smoking paraphernalia with the intent to inject, ingest, inhale, or otherwise introduce into the human body an illegal smoking product.
(c) 
Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this article, regardless of whether the product is marketed under names other than those listed above.
(Ordinance 117, sec. 2(2), adopted 4/19/2011)
(a) 
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 direction of a licensed physician or dentist authorized to direct or prescribe such act.
(b) 
It shall be an affirmative defense that the sale or possession of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose.
(c) 
In the possession of or being used by a governmental entity for a health purpose, research and education, or a similar program.
(Ordinance 117, sec. 2(3), adopted 4/19/2011)
Any person, firm, or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than two thousand dollars ($2000.00). Each day such violation shall continue or be permitted to continue shall be deemed a separate offense.
(Ordinance 117, sec. 2(4), adopted 4/19/2011)