The purpose of this article is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products, as hereinafter defined, within the town limits.
(Ordinance 2010-9-7C adopted 9/7/10)
The following words and phrases, when used in this article, shall have the meaning ascribed to them by this article. All terminology used in this article and not specifically defined herein, shall retain its meaning in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body or if not defined therein the latest volume of Merriam-Webster’s Collegiate Dictionary.
Illegal smoking product.
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:
(1) 
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) 
2-(1R,3S)-3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl) phenol (also known as CP47, 497) and homologues;
(3) 
1-pentyl-2-(1-naphthoyl) indole (also known as JWH-018); or
(4) 
Butyl-3-(1-naphthoyl) indole (also known as JWH-073).
Person.
An individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
Town.
The Town of Fairview, Texas.
(Ordinance 2010-9-7C adopted 9/7/10)
(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) 
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.
(Ordinance 2010-9-7C adopted 9/7/10)
(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.
(Ordinance 2010-9-7C adopted 9/7/10)
Any person violating any of the provisions or terms of this article shall be deemed guilty of a class C misdemeanor and, upon conviction, be punished by a fine not to exceed the sum of $2,000.00 for each offense, or the greatest amount allowed under applicable law, whichever is lowest, and each and every separate violation of this article shall constitute a separate offense, unless otherwise specifically set forth in this code. Allegation and evidence of a culpable mental state is not required for proof of any offense defined by this article.
(Ordinance 2010-9-7C adopted 9/7/10)