(a)
It
shall be unlawful for any person to knowingly, sell, publicly display
for sale, attempt to sell, give, barter, deliver, possess, package,
or use the following substances with the city limits:
(1)
Salvia divinorum or salvinorum 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;
(2)
2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol (also
known as CP47, 497) and homologues;
(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);
(4)
1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
(5)
1-butyl-3-(1-naphthoyl) indole (also known as JWH-073);
(6)
1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081);
(7)
[(1R, 2R, 5R)-2-2 [2, 6-dimethoxy-4-(2-methyloctan-2-y1) phenyl]-7,
7-dimethyl-4-bicyclo [3.1.1] hept-3-enyl] methanol, commonly known
as HU-308;
(8)
(6aR, 10aR)-3-(1, 1-Dunethlbutyl)-6a, 7, 10, 10a-tetrahydro-6, 6,
9-trimethyl-6H-dibenzo [b, d] pyran, commonly known as JWH-133;
(9)
(-)-2Beta-Carbonmethozy-30-(4-fluorophenyl) tropane, commonly known
as CFT, WIN-35, 428;
(10)
(6aR, 10aR)-1-methoxy-6, 6, 9-trimethyl-3-(2-methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo [c] chromen, commonly known as L-759, 633.
(b)
Products
containing some or all of the above substances are currently being
marketed under the following commercial names:
“K-2,” “K-2 SUMMIT,” “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,” “RED DRAGON,” AND “SALVIA DIVINORUM.”
(c)
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:
(1)
Any aromatic plant material in granular, loose leaf or powder form,
or in a liquid form, or as a food additive, and any herbal incense
stimulant commonly characterized or represented to be a synthetic
cannabinoid.
(2)
Any crystalline or powder product in crystalline, loose-powder, block,
tablet, or capsule from, or any stimulant type product commonly characterized
or represented to be a synthetic cathinones.
(Ordinance 202 adopted 6/24/13)
It shall be unlawful for any person, knowingly, to breath, inhale,
drink, or otherwise ingest or inject any compound, liquid, or chemical
otherwise defined as a synthetic drug defined herein for the purpose
of inducing a condition of intoxication, stupefaction, giddiness,
paralysis, irrational behavior, or which, in any manner, alters, changes,
distorts, or disturbs the auditory, visual, or mental process of the
user.
(Ordinance 202 adopted 6/24/13)
It shall be a defense to prosecution for a violation of this
article if the use is at the direction or under a prescription issued
by a licensed physician or dentist authorized to prescribe controlled
substances within the state.
(Ordinance 202 adopted 6/24/13)
(a)
Any
person who violates any provision of this article shall be guilty
of a class C misdemeanor infraction, punishable by a fine not less
than $200.00 and not exceeding $2,000.00.
(b)
Every
act in violation of this article shall constitute a separate offense.
(c)
Unless
otherwise specifically set forth herein allegation and evidence of
culpable mental state are not required for the proof of an offense
of this article.
(Ordinance 202 adopted 6/24/13)
