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 10-05 adopted 8/19/10)
The following words and phrases as used in this article shall have the meanings as set forth in this section.
Any plant or other 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 substances or chemicals:
Salvinorin A: Contained within the Salvia Divinorum plant, whether growing or not; or possessed as an extract, compound. manufacture, derivative, mixture, or preparation of such plant;
2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methylocatan-2-yl) phenol (also known as CP 47, 497) and homologues;
1-Pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
Butyl-3-(1-naphthoyl) indole (also known as JWH-073); or
Any similar substance which when inhaled or otherwise ingested produces intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any manner, changes distorts or disturbs the auditory, visual, or mental process and the product or substance had no other apparent legitimate purpose for consumers.
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.
An individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
(Ordinance 2022-16 adopted 7/21/22)
(a)
It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product.
(b)
It shall be unlawful for any person to use or possess an ingestion device with the intent to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product.
(c)
The culpable mental state required by chapter 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation is a strict liability offense.
(d)
Any person, firm or corporation found to be violating any term or provision of this article, shall be subject to a fine of up $2,000 per violation. Every day a violation takes place or continues shall constitute a separate offense.
(Ordinance 10-05 adopted 8/19/10)
(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 or prescription 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)
It shall be a defense to prosecution of an offense under this section if the alleged illegal smoking product is regulated under the Texas Agriculture Code, chapters 121 and 122, as amended.
(d)
It shall be a defense to prosecution of an offense under this section if the use of the prohibited 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.
(e)
It shall be a defense to prosecution of an offense under this section if the 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 10-05 adopted 8/19/10; Ordinance 2022-16 adopted 7/21/22)