In this article, the following words or terms shall have the
meaning as hereinafter described:
Illegal smoking product.
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 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-[3-(trifluoromethyl) phenyl] piperazine (also known as TFMPP);
(5)
1-pentyl-3-(l-naphthoyl) indole (also known as JWH-018); or
(6)
1-butyl-3-(1-naphthoyl) indole (also known as JWH-073).
Ingestion device.
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;
Person.
An individual, corporation, partnership, wholesaler, retailer
or any licensed or unlicensed business.
(Ordinance 11-O-03 adopted 2/14/2011; 2009 Code, sec. 8.05.001)
It shall be unlawful for any person to use, consume, inhale,
ingest, possess, purchase, barter, give, publicly display for sale,
sell, offer for sale, give, or barter any illegal smoking product.
(Ordinance 11-O-03 adopted 2/14/2011; 2009 Code, sec. 8.05.002)
It shall be unlawful for any person to use or possess with intent
to use an ingestion device to inject, ingest, inhale or otherwise
introduce into the human body an illegal smoking product.
(Ordinance 11-O-03 adopted 2/14/2011; 2009 Code, sec. 8.05.003)
It shall be a defense to a violation of this article that any
act described in this article is:
(1) Under
and pursuant to the direction or prescription of a licensed physician
or dentist authorized to direct or prescribe such illegal ingestion
product; or
(2) Under
the supervision of an authorized law enforcement officer to enforce
or ensure compliance with this article.
(Ordinance 11-O-03 adopted 2/14/2011; 2009 Code, sec. 8.05.004)