For the purpose of this article, the following words and phrases shall have the following meanings:
Person.
An individual, a group of two or more individuals, proprietorship, corporation, partnership, association, wholesaler, retailer, or any licensed or unlicensed business.
Illegal smoking products.
(1) 
Any plant or other substance, natural or synthetic, 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:
(A) 
Salvia divinorum or salvinorin A - all parts of the plant currently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, every compound, salts, derivative, mixture or preparation of such plant, it’s seeds or extracts;
(B) 
2 [(1R,3 S) -3- hydroxycyclohexyl] -5- (2-methyloctain-2-yl)phenol (also known as CP47, 497) and homologues;
(C) 
(6aS, 10aS) -9- (hydroxymethyl) -6, 6-dimethyl -3- (2-methyloctain-2-y1)-6a, 7, 10, 10a-tetrahydrobenzo[chromen-l-ol (also known as HU-211 or Dexanabinol)];
(D) 
1-pentyl -3-(1 -naphthoyl) indole (also known as JWH-018); or
(E) 
1-butyl -3(1-naphthoyl) indole (also known as JWH-073); or
(F) 
1-pentyl -3- (4-methoxynaphthoyl) indole (also known as JWH-081).
(2) 
Products containing some or all of the above substances are potentially marketed under, but not limited to the following chemical names: “K-2,” “K-2 summit,” “K-sex,” “Genie,” “Dascents,” “Zohai,” “Sage,” “Spice,” “Sence,” “Smoke,” “Skunk,” “KO knock-out 2,” “Spice Gold,” “Spice Diamond,” “Yucatan Fire,” “Solar Flare,” “Pep Spice,” “Fire N’ Ice,” “Blaze,” “Red X Dawn,” “Salvia Divinorum” and “Salvnoria A”
(3) 
Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this article, regardless of whether they are marketed under alternative names.
Illegal smoking paraphernalia.
Any paraphernalia, equipment or utensil that is used or intended to be used in ingesting or inhaling illegal smoking products and may include, but is not limited to the following:
(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.
The purpose of this article is to prohibit the manufacture, purchase, sale, offer for sale, delivery, or gift of illegal smoking products and related paraphernalia as defined herein within the corporate limits of the city, and to prohibit the possession or use of illegal smoking products and illegal smoking paraphernalia within the corporate limits of the city. Any form of delivery including without limitation a simple gift, constitutes a violation of this article by all parties involved.
(Ordinance 110822-1 adopted 11/8/22)
It shall be unlawful for any person to have in his or her possession any illegal smoking products paraphernalia with the intent to use it, to ingest, inhale or otherwise consume or introduce into the human body illegal smoking products. It is a violation of this section if a person is found in possession of illegal smoking products paraphernalia and appropriate forensic testing is done by the city or at its request on the paraphernalia showing traces of illegal smoking products present on the paraphernalia.
(Ordinance 110822-1 adopted 11/8/22)
It shall be an affirmative defense to prosecution for a violation of this article:
(1) 
If the illegal smoking products are used at the direction or under the prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the state;
(2) 
If an individual charged with a violation can provide proper and complete historic documentation that the use of such products 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;
(3) 
If an individual charged with a violation can show that the salvia devinorum was in an unharvested state and growing in its natural state.
(Ordinance 110822-1 adopted 11/8/22)
(a) 
Any person or corporation violating a provision of this article shall be guilty of a class C misdemeanor and shall, upon conviction, be subject to a fine of not less than one hundred dollars ($100.00), nor more than two thousand dollars ($2,000.00).
(b) 
In addition to the fine, the city shall be entitled to restitution for expenses incurred by it in connection with the testing of substances related to the fine. The substance can be submitted to a certified forensics laboratory for analysis upon written request to the court. Testing may be requested by the prosecutor, a defendant acting pro se or the defense attorney. The representative that requests the substance to be tested, will be responsible for all costs associated with the testing. The restitution under this subsection (b) and fine under (a) above together shall not exceed two thousand dollars ($2,000.00).
(c) 
A violation constitutes a separate offense for each regulated item involved.
(d) 
A violation constitutes a separate offense for each day a violation continues.
(e) 
The penal provisions imposed under this article shall not preclude the city from filing a civil suit to enjoin the violation of his article. The city retains all legal rights and remedies available to it pursuant to local, state, and federal law.
(Ordinance 110822-1 adopted 11/8/22)
The culpable mental state required for a violation of this article shall be governed by Texas Penal Code 6.02(c).
(Ordinance 110822-1 adopted 11/8/22)