The definitions and provisions contained in this section shall govern the construction of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derived from it, or from which it is a derivative, as the case may be.
"Business"shall have the same meaning as the term is defined in Section
5.04.010 of this Code.
"Person"shall include any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association and/or similar organization.
"Possess," "possessing," and "possession,"shall mean to have for consumption, distribution, or sale in one's actual or constructive custody or control, or under one's authority or power, whether such custody, control, authority and/or power be exercised solely or jointly with others.
"Psychoactive bath salts,"shall mean any crystalline or powder product that contains a synthetic chemical compound that, when consumed, elicits psychoactive or psychotropic stimulant effects. The term "Psychoactive Bath Salts" includes, without limitation:
1. Products that elicit psychoactive or psychotropic stimulant effects and contain any of the following substances:
a. 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,
b. Cathinone (2-amino-1-phenyl-1-propane), 4-methylmethcathinone (2-methylamino-1-(4-methylpheny)propan-1-one), 4-methoxymethcathinone (1-(4-methoxyphenyl)-2-(methylamine)propan-1-one), MDPV (methylenedioxypyrovalerone), methylene (3,4-methylenedioxy-N-methylcathinone), methcathinone (2-(methylamino)-1-phenyl-propan-1-one), flephedrone (4-fluoromethcathinone), 3-FMC (3-fluoromethcathinone), ethcathinone (2-ethylamino-1-phenyl-propan-1-one), butylone (β-keto-N-methylbenzodioxolylbutamine), a-PPP (a-pyrrolidinopropiophenone), MPPP (4-methyl-pyrrolidinopropiophenone), MDPPP (3,4-methylenedioxy-apyrrolidinopropiophenone), ά-PVP (1-phenyl-2-(1-pyrrolidinyl)-1-pentanone), naphyrone (1-naphthalen-2-yl-2-pyrrolidin-1-ylpentan-1-one), 6-APDB (6-(2-aminopropyl)-2,3-dihydrobenzofuran), and analogs of MDA (3,4-methylenedioxymethamphetamine),
c. Any derivative of the above listed compounds,
d. Any synthetic substance and its isomers with a chemical structure similar to the above listed compounds,
e. Any chemical alteration of the above listed compounds, or
f. Any other substantially similar chemical structure or compound; and
2. Products that elicit psychoactive or psychotropic stimulant effects and are marketed under any of the following trade names: Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night, and White Lightning.
"Psychoactive herbal incense"shall mean any organic product consisting of plant material that contains a synthetic stimulant compound that, when consumed, elicits psychoactive or psychotropic euphoric effects. The term "Psychoactive Herbal Incense" includes without limitation:
1. Products that elicit psychoactive or psychotropic euphoric effects and contain any of the following substances:
a. Cannabicyclohexanol (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol), JWH-018 (naphthalen-1-yl-(1-pentylindol-3-yl)methanone), JWH-073 (naphthalen-l-yl-(1-butylindol-3-yl)methanone), JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl) naphthalen-1-ylmethanone, HU-210 or 1.1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7, 10,10-atetrahydrobenzo[c]chromen-1-ol), CP 47, 497 (2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) and the dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP-47, 497, AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)methanone), 1-pentyl-3-(2-methoxyphenylacetyl)indole (also known as JWH-250), 1-hexyl-3-(1-naphthoyl)indole (also known as JWH-019), 1-pentyl-3-(4-chloro-1-naphthoyl)indole (also known as JWH-398), N-benzylpiperazine (also known as BZP), 1-(3-trifluoromethylphenyl)piperazine (also known as TFMPP),
b. Any derivative of the above listed compounds,
c. Any synthetic substance and its isomers with a chemical structure similar to the above listed compounds,
d. Any chemical alteration of the above listed compounds, or
e. Any other substantially similar chemical structure or compound; or
f. Any other synthetic cannabinoid; and
2. Products that elicit psychoactive psychotropic euphoric effects and are marketed under any of the following trade names: K2, K3, Spice, Genie, Smoke, Potpouri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Stinger, Ocean Blue, Stinger, Serenity, Fake Weed, and Black Mamba.
"Psychoactive or psychotropic stimulant effects"shall mean affecting the central nervous system or brain function to change perception, mood, consciousness, cognition, and/or behavior in ways that are similar to the effects of cocaine, methylphenidate or amphetamines.
"Psychoactive or psychotropic euphoric effects"shall mean affecting the central nervous system or brain function to change perception, mood, consciousness, cognition, and/or behavior in ways that are similar to the effects of cannabis.
"Synthetic drug"shall include Psychoactive Bath Salts and Psychoactive Herbal Incense, as those terms are defined hereinabove.
(Ord. 1598(13) § 1)