The purpose of this chapter is to regulate the availability of products which are enhanced with synthetic chemicals, which chemicals mimic the effects of controlled substances on users, because these products are a danger to the public health, safety and welfare.
(Ord. O-14-01-03 § 2 (part), 2014)
For purposes of this chapter, the following terms, phrases, words and their derivatives shall have the meanings given herein, unless the context clearly indicates or requires a different meaning:
"Bath salts," "synthetic cathinones," "synthetic stimulants," "N-Bomb," and "251-NBOMe"
are any crystalline, liquid or powder product in crystalline, loose powder, block, tablet, tabs, paper, blotter paper or capsule form, or any stimulant-type product, when:
(a) 
The label is in any way false or misleading, or which does not contain a label specifying:
(1) 
The identity of the commodity; and
(2) 
The name and place of business of the manufacturer, packer, or distributor.
(b) 
Street names for these products include, but are not limited to: Bliss, Blue Silk, Cloud Nine, Drone, Energy-1, Ivory Wave, Lunar Wave, Meow Meow, Ocean Burst, Pure Ivory, Ivory Soft, Purple Wave, Red Dove, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Knight, White Lightning, White Rush, White China, Blizzard, Bonzai Grow, Charge Plus, Charlie, Euphoria, Hurricane, Lunar Wave, Ocean, Pixie Dust, Posh, Scarface, Lovely Dovey, Aura, MDPV, MDPK, MTV, Maddie, Hurricane Charlie, Black Rob, Super Coke, PV, Peeve, Meph, Drone, MCAT, Funky Green Stuff, Reggie's Blend, Hammer Head, Scooby Snax, XXX, Baby Halo, Zombie Matter, El Diablo, Supernova Halo, Dead Man, Smokin' Dragon, Rippler, Twilight Zone, Bloody Mary, Head Stash, Eight Ballz, Bloody Eyes, Mad Hatter, Grape Ape, Smiles, Mr. Happy, Crippler, Diablo, Dragon Blow, Lightning, Caution, Eclipse, Lunar Eclipse, Serenity, Serenity Now, Superman, Synergy, Arctic Synergy, Flight 300, Cotton Cloud, Kush, Kush Blitz, Amp, Space, Dynamite, Sippin Syrup and Dark Night.
(c) 
This definition shall include any product to which any synthetic chemical or synthetic chemical compound has been added which has no legitimate relation to the advertised use of the product, whether or not the label meets the requirements herein.
"Drug"
is an article that is intended to affect the function of the body of humans.
"Illicit synthetic drugs"
are spice, synthetic cannabinoids, synthetic marijuana, bath salts, synthetic cathinones, N-bombs, 251-NBOMe, synthetic stimulants, and misbranded drugs, as defined herein.
"Misbranded drug"
is any drug for which:
(a) 
The label is in any way false or misleading;
(b) 
The label does not bear the name and place of business of the manufacturer, repackager, or distributor of the finished form of the drug;
(c) 
The label does not bear adequate directions for customary use; or
(d) 
The label does not bear adequate warnings against customary use.
"Spice," "synthetic cannabinoids," or "synthetic marijuana"
is any aromatic plant material in granular, loose leaf or powder form, or in liquid or as a food additive, or any herbal-incense-type stimulant or hallucinogen product, when:
(a) 
The label is in any way false or misleading, or which does not contain a label specifying:
(1) 
The identity of the commodity; and
(2) 
The name and place of business of the manufacturer, packer, or distributor.
(b) 
Street names for these products include, but are not limited to: Bliss, Black Mamba, Bombay Blue, Fake Weed, Genie, Spice, Zohai, K2, K3, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Stinger, Ocean Blue, Serenity, Chronic Spice, Spice Gold, Spice Silver, Skunk, Mr. Nice Guy, Mr. Happy, K3 Legal, Sence, Smoke, Chill X, Earth Impact, Galaxy Gold, Space Truckin, Solar Flare, Moon Rocks, Aroma, Scope, Sky High, Atomic, G-20, Guerrilla Warfare, Makes Scents, g-13, Tiger Shark, California Dreams, Dank, Bullet, Mind Trip, Voodoo Child, Jazz, Nightlights, Matrix, Hypnotiq, AK47, Maui Wowie, Cloud 9, Daylights, Joker, Dead Man Walking, Brain Storm, Soul Sence, Kush, Kush Mania, Dragons Fire, Lucid, Mad Hatter, Scooby Snax, D-ZL, OMG, Demon, Barely In, Pineapple Express, Hayze, King Kong, Black Out, Pure Evil, Blue Jay, Honeymoon, Cherry, El Diablo, Scorpion King, Funky Monkey 20X, Funky Green Stuff, Reggie's Blend, Hammer Head, XXX, Baby Halo, Zombie Matter, El Diablo, Supernova Halo, Dead Man, Smokin' Dragon, Rippler, Twilight Zone, Bloody Mary, Head Stash, Eight Ballz, Bloody Eyes, Grape Ape, Crippler, Dr. Feel Good, Mr. Miyagi, Time Out, Warpaint, K6, Black Diamond, Fuego, Green Monster, Matrix, Voodoo, Mojo Extreme, Kush, Cloud 13, Storm, Good Times, The Bomb, Voodoo Spice, Puff, Ninja, The Hampster, Working Joe, Head Trip, Skyscraper, Froge.
(c) 
This definition shall include any plant material to which any synthetic chemical or synthetic chemical compound has been added which has no legitimate relation to the advertised use of the product, whether or not the label meets the requirements herein.
"Synthetic chemical" or "synthetic chemical compound"
is any chemical or chemical compound whose molecular makeup is similar to those substances listed as controlled substances in AS 11.71.160(f)(7) through (16) (including any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers of such substances), or to those substances listed in or pursuant to 21 U.S.C. 812(c), 21 U.S.C. 811(h), and 21 U.S.C. 802(32), or those substances listed temporarily subject to emergency scheduling in 21 C.F.R. Section 1308.11(h), and whose intended use, when introduced into the human body, is to mimic or simulate the effects of a controlled substance.
(Ord. O-14-01-03 § 2 (part), 2014)
(a) 
It is unlawful for any person to possess, use, provide, sell, produce, manufacture, or distribute, or to offer, display, market, or advertise for sale, any illicit synthetic drug.
(b) 
In determining whether a product is prohibited by this section, statements on package labeling such as "not for human consumption" may be disregarded when other relevant factors (viewed alone or in totality) indicate that the product is intended to be consumed or ingested by humans or is a product regulated by this section. Other relevant factors that may be used to determine whether a product or sale is prohibited by this section include, but are not limited to: verbal or written representations at the point of sale or seizure regarding the purpose, methods, use, or effect of the product; aspects of the packaging or labeling suggesting that the user will achieve a "high," euphoria, relaxation, mood enhancement, or that the product has other effects on the body; the cost of the product is disproportionately higher than other products marketed for the same use; the product contains a warning label stating or suggesting that the product is in compliance with state or federal laws regulating controlled substances; the product's name or packaging uses images or slang referencing an illicit street drug; illicit or underground methods of sale or delivery are employed by the seller or provider; or the product resembles an illicit street drug such as cocaine, methamphetamine, LSD, or marijuana.
(Ord. O-14-01-03 § 2 (part), 2014)
It shall be a defense to the prosecution of a violation of this section that a product is specifically excepted by, or regulated within and in compliance with, state or federal law. For the purposes of this section, it shall not be a defense that a product is not subject to regulation unless the product is specifically exempt from regulation; mere "nonregulation" by these acts without a specific regulatory exemption does not render a product exempt under this section.
(Ord. O-14-01-03 § 2 (part), 2014)
(a) 
Each product, package, tube, vial or container possessed, used, provided, sold, produced, manufactured, distributed, or offered, displayed, marketed, or advertised for sale shall be a separate minor offense.
(b) 
Any products found in violation of this section may be seized and held as evidence to be used in any future proceeding and may be disposed of as appropriate after their use for evidentiary purposes is no longer required.
(Ord. O-14-01-03 § 2 (part), 2014)