Illegal smoking product
means any substance, 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 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)-3hydroxycyclohexyl}-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) chormen-1-ol) (also known as HU-211
or Dexanabinol);
(4)
1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
(5)
Butyl-3-(1-naphthoyl) indole (also known as JWH-073); or
(6)
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: “Spice,”
“Spice Gold,” “Spice Diamond,” “Yucatan
Fire,” “Solar Flare,” “Pep Spice,” “Fire
N’ Ice,” “Genie,” “Dascents,”
“Zohai,” “Sage,” “K-2 Summit,”
“K-2 Sex,” and “KO Knock-Out 2.” 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.
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Ingestion device or paraphernalia
means equipment, a product or material that is used or intended
for use in ingesting, inhaling or otherwise introducing an illegal
smoking product into the human body. Including:
(1)
A 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;
(Ordinance 276-120610, sec. 1, adopted 12/6/10)
A violation of this article shall be punishable by a fine in accordance with the general penalty provided in section
1.01.009 of this code.
(Ordinance 276-120610, sec. 6, adopted 12/6/10; Ordinance adopting 2023 Code)
It shall be unlawful for any person to sell, offer to sell,
deliver or give any illegal smoking material to any person.
(Ordinance 276-120610, sec. 2, adopted 12/6/10)
It shall be unlawful for any person to possess or to use illegal
smoking materials.
(Ordinance 276-120610, sec. 3, adopted 12/6/10)
It shall be unlawful for any person to possess any illegal smoking
paraphernalia with the intent to use it to smoke, ingest, inhale or
otherwise consume illegal smoking material. It is a violation of this
section if a person is found in possession of illegal smoking paraphernalia
and appropriate forensic testing is done on the paraphernalia showing
traces of illegal smoking material are present on the illegal smoking
paraphernalia.
(Ordinance 276-120610, sec. 4, adopted 12/6/10)
It shall be a defense to a violation of this article that any
act described in this article is under and pursuant to the direction
or prescription of a licensed physician or dentist authorized to direct
or prescribe such act.
(Ordinance 276-120610, sec. 5, adopted 12/6/10)