The ingesting, inhalation, injection, dermal absorption,
nasal insufflation, or other means of introducing into the body a
substance, whether in its original form or the liquid, smoke, vapor,
or other form derived from that original product.
Any substance, however marketed, which can reasonably be converted
for consumption by smoking or otherwise, whether it is presented as
incense, tobacco, herbs, potpourri, spices, teas, bath salts or any
other substance or blend of substances thereof including, but not
limited to, any of the following chemicals or comparable chemicals:
Salvia divinorum or salvinorium 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;
Datura stramonium; all parts of the plant presently classified
botanically as datura stramonium, 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-[(1R, 3 S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol
(also known as CP47, 497) and homologues;
(6aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethy1-3-(2-methyloctan-2-y1)-6a,
7, 10, 10a-tetrahydrobenzo [c] chromen-1-ol (also known as HU-211
or Dexanabinol);
1-penty1-3-(1-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 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,” “salvia
divinorum,” “jimson weed,” “gypsum weed,”
“devil’s trumpet,” “devil’s weed,”
“thorn apple,” “tolguacha,” “jamestown
weed,” “stinkweed,” “locoweed,” “datura,”
“pricklyburr,” “devil’s cucumber,” “hell’s
bells,” “moonflower,” “scooby’s snax,”
“shaggy’s mix,” and “angry birds.”
Any material containing any of the botanical or chemical compounds
set forth above shall be subject to the provisions of this section,
regardless of whether they are marketed under these or other names.
The production or making of illegal smoking material by hand,
by machine or any other method from raw or prepared materials by giving
such materials new forms, qualities, properties, or combinations.
Any drug identified as such by the food and drug administration
or the controlled substances act for which:
The label is in any way false or misleading;
The label does not bear the name and place of business of the
manufacturer, repackager, or distributor of the finished form of the
drug;
The label does not bear adequate directions for use;
The label does not bear adequate warnings against use; or
The label or prescription is not in the name of the person in
possession of the drug.
An individual, a group of two or more individuals, proprietorship,
corporation, partnership, wholesaler, association or other legal entity,
or any licensed or unlicensed business.
(Ordinance 02140A adopted 2/10/14)
(a)
It shall
be unlawful for any person to sell, offer to sell, publicly display,
barter, deliver or give any illegal smoking material to any person,
or to own a property where such activity occurs.
(b)
It shall
be unlawful for any person to sell, offer to sell, publicly display,
barter, deliver, or give any misbranded drug to any person, or to
own a property where such activity occurs.
(c)
It shall
be unlawful for any person to manufacture any illegal smoking material
for any purpose.
(d)
In determining
whether a product is prohibited by this section, statements on package
labeling such as “not for human consumption” may be disregarded
when other relevant factors (viewed alone or in totality) indicate
that the product is intended to be consumed or ingested by humans,
or is a product regulated by this chapter. Other relevant factors
that may be used to determine whether a product or sale is prohibited
by this chapter include, but are not limited to: verbal or written
representations at the point of sale regarding the purpose, methods,
use, or effect of the product; aspects of the packaging or labeling
suggesting that through consumption of the product the user will achieve
a “high,” euphoria, intoxication, relaxation, mood enhancement,
or that the product has other effects on the body; the cost of the
product is disproportionately higher than other products marketed
for the same use; the product is treated differently than other products
marketed for the same use (e.g., it is segregated from other products
or kept behind the counter); the product contains a warning label
stating or suggesting that the product is in compliance with laws
regulating controlled substances; the product’s name or packaging
uses images or slang referencing an illicit street drug; illicit or
underground methods of sale or delivery are employed by the seller
or provider; whether the product can be smoked; and whether the product
resembles an illicit street drug such as cocaine, methamphetamine,
or marijuana.
(e)
Nothing
in this section is intended to apply to legitimate air fresheners,
potpourri, bath or beauty products, or other aroma therapy products
that do not contain the botanical, chemical, or related compounds
described in this section or ingredients that are illegal under state
and federal law.
(Ordinance 02140A adopted 2/10/14)
It shall be unlawful for any person to have in their possession
or to purchase, use, or consume illegal smoking material within the
corporate limits of the city.
(Ordinance 02140A adopted 2/10/14)
(a)
It shall
be a defense to prosecution of a violation of this section if the
use of the illegal smoking material is done 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 of a violation of this section if the
person charged with such violation presents legitimate and complete
documentation from clergy or a spiritual leader recognized by the
state that the use of such material is part of a religious ceremony
or activity of a religious denomination in which the person charged
has a documented long standing membership.
(Ordinance 02140A adopted 2/10/14)
(a)
Any
person violating the provisions of this article shall be guilty of
a misdemeanor and upon conviction shall be punished by a fine not
to exceed two thousand dollars ($2,000.00).
(b)
Each
occurrence of such violation shall constitute a separate offense.
(c)
Each
package sold, delivered, offered for gift or sale, or given in violation
of this article shall be a separate offense.
(Ordinance 02140A adopted 2/10/14)
