For purposes of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
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:
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 plants, 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-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-(naphthoyl)indole (also known as JWH-018);
1-butyl-3-(1-naphthoyl)indole (also known as JWH-073); or
1-pentyl-3-(4-methoxynaphthoyl)indole (also known as JWH-081).
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,” “Sohai,” “Sage,” “Spice,”
“KO Knock-Out 2,” “Spice Gold,” “Spice
Diamond,” “Yucatan Fire,” “Solar Flare,”
“Pep Spice,” “Fire n’ Ice,” “Deja
Vu,” “Euphoria 5x by Deja Vu,” and “Salvia
Divinorum.” It is anticipated by the city 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.
(Ordinance 11-0110-01, sec. 2.A,
adopted 1/10/11)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this article shall be fined an amount in accordance with the general penalty in section 1.01.009 of this code for each such violation.
(Ordinance 11-0110-01, sec. 5, adopted 1/10/11)
The purpose of this article is to prohibit the sale or delivery
of restricted smoking material as defined herein to any individual
within the city limits, and to prohibit the possession of restricted
smoking material by any individual within the city limits. Any form
of delivery of restricted smoking material, including a simple gift,
constitutes a violation of this article.
(Ordinance 11-0110-01, sec. 2.B,
adopted 1/10/11)
It shall be unlawful for any person to sell, offer to sell,
deliver to or give any restricted smoking material.
(Ordinance 11-0110-01, sec. 2.C,
adopted 1/10/11)
It shall be unlawful for any person to have in his possession
or to use restricted smoking material within the city limits.
(Ordinance 11-0110-01, sec. 2.D,
adopted 1/10/11)
(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
of 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 restricted smoking material
is a portion of a religious undertaking or activity of a religious
denomination in which the person has a long-standing historic membership
supported by documentation from clergy or a spiritual leader recognized
by the state.
(Ordinance 11-0110-01, sec. 2.E,
adopted 1/10/11)
