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;
(3)
A carburetion tube or device;
(4)
A smoking or carburetion mask;
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))