The council finds that:
(1) 
Local businesses within the city are selling to the general public products containing synthetic cannabinoids, salvia divinorum, or related chemicals that when ingested produce intoxicating effects similar to marijuana.
(2) 
These products are being sold, distributed, and marketed in the form of incense or herbal smoking blends under names such as “Dascents,” “Fire N Ice,” “Genie,” “K2,” “K-2 Sex,” “K-2 Summit,” “KO Knock-Out 2,” “Pep Spice,” “Sage,” “Salvia Divinorum,” “Solar Flare,” “Spice,” “Spice Cannabinoid,” “Spice Diamond,” “Spice Gold,” “Yucatan Fire,” and “Zohai.”
(3) 
The National Drug Intelligence Center of the United States Department of Justice issued an immediate alert to law enforcement and public health officials of potential substance abuse problems and harmful side effects related to the use of these synthetic cannabinoid products in EWS Report 000006 dated May 18, 2010.
(4) 
The use of these products is a danger to the public health, safety, and welfare because the adverse side effects from the use of synthetic cannabinoids, salvia divinorum, or related chemicals include panic attacks, vomiting, tachycardia, elevated blood pressure, pallor, numbness and tingling, and in some cases, tremors and seizures.
(5) 
The federal government and the state have not yet designated synthetic cannabinoids, salvia divinorum, or related chemicals as controlled substances.
(6) 
In order to promote the public health, safety, and welfare of the citizens of the city, products containing synthetic cannabinoids, salvia divinorum, or related chemicals and paraphernalia should be prohibited in the city.
(Ordinance adopted 9/27/10, sec. 1(a))
In this article:
Illegal smoking paraphernalia.
Any equipment, product, material or object used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including:
(1) 
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.
Illegal smoking product.
Any plant or other substance, whether described as tobacco, herbs, incense, spice or any blend thereof, including any of the marketed names of illegal smoking products, 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) 
Salvia divinorum or salvinorin 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); or
(6) 
1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081).
Marketed names of illegal smoking products.
The following commercial names in which some or all of the illegal smoking products are being marketed under:
“Dascents,” “Fire N Ice,” “Genie,” “K-2,” “K-2 Sex,” “K-2 Summit,” “KO Knock-Out 2,” “Pep Spice,” “Sage,” “Salvia Divinorum,” “Solar Flare,” “Spice,” “Spice Cannabinoid,” “Spice Diamond,” “Spice Gold,” “Yucatan Fire,” and “Zohai.”
Person.
An individual, corporation, retailer, wholesaler, partnership, association, or any other legal entity.
(Ordinance adopted 9/27/10, sec. 1(b))
(a) 
A person commits an offense if he uses, possesses, buys, sells, offers for sale, barters, gives, publicly displays, delivers, or transfers any illegal smoking product.
(b) 
A person commits an offense if he uses, inhales, ingests, or otherwise introduces into the human body any illegal smoking product.
(c) 
A person commits an offense if he uses or possesses any illegal smoking paraphernalia with the intent to inject, inhale, ingest, or otherwise introduce into the human body any illegal smoking product.
(d) 
Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this article, regardless of whether the product is marketed under names other than those listed above.
(Ordinance adopted 9/27/10, sec. 1(c))
It is a defense to prosecution under this article that an illegal smoking product or illegal smoking paraphernalia was:
(1) 
In the possession of a peace officer, or a person acting under the authority of a peace officer, acting in the performance of official duties;
(2) 
In the possession of or being used by a governmental entity for a health, research, education, or similar program;
(3) 
In the possession of or used by a person under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances in the state.
(Ordinance adopted 9/27/10, sec. 1(d))
A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine in accordance with section 1.01.009 of this code.
(Ordinance adopted 9/27/10, sec. 1(e))