The purpose of this article is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products hereinafter defined within the city limits of the City of North Richland Hills.
(Ordinance 3121, § 1, adopted 11/8/2010)
In this chapter:
Chief of police.
The Chief of Police for the City of North Richland Hills and his designees.
Person
shall mean an individual, corporation, firm, partnership, wholesaler, retailer or any licensed or unlicensed business.
Illegal smoking product
shall mean 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:
(a) 
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;
(b) 
2-[(1R, 3S)-3-hydroxycyclohexyl}-5-(2-methylocatan-2-yl) phenol (also known as CP-47, CP-497) and homologues;
(c) 
(6aR, 10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo [c] chromen-1-ol) (also known as HU-210);
(d) 
(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);
(e) 
1-Pentyl-3-(1-naphthoyl) indole (also known as JWH-018); or
(f) 
Butyl-3-(1-naphthoyl) indole (also known as JWH-073).
Products containing some or all of the above substances are currently being marketed under the following commercial names:
"K-2," "SPICE," "GENIE," "DaSCENTS," "ZOHAI," "SAGE," "SUMMIT," "BLONDE," "CITRON," "SPICE GOLD," "PEP SPICE," AND "KO KNOCKOUT 2" AND "MARIA PASTORA," "SAGE OF SEERS," "DIVINER'S SAGE," "SALVIA," "SALLY D," AND "MAGIC MINT".
Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this section, regardless of whether they are marketed under alternative names.
(Ordinance 3121, § 1, adopted 11/8/2010)
(a) 
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.
(b) 
It shall be a defense to prosecution that the sale or possession of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose.
(c) 
It shall be a defense to prosecution if an individual charged with a violation can provide proper and complete historic documentation that the use of such materials is a portion of a religious undertaking or activity of a religious denomination in which they have long standing historic membership supported by documentation from clergy or spiritual leader recognized by the State of Texas.
(Ordinance 3121, § 1, adopted 11/8/2010)