For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MANUFACTURE. To complete, blend, formulate, package, repackage, or develop by any means any substance made unlawful by this subchapter.
POSSESSION. To possess on one’s own person or possession by a person exercising dominion or control over the immediate area where contraband is found whether in a vehicle, vessel, container, dwelling, building, or other structure, whether upon public or private property.
SALE/TRANSFER. To offer for sale, to advertise for sale, to sell, to distribute, to furnish, to transfer, to barter, or to exchange to any person or entity with or without an exchange of compensation or service.
SYNTHETIC/ALTERNATIVE DRUG. Any of the following:
(1) Any substance containing a synthetic cannabinoid, stimulant, psychedelic, depressant, or hallucinogenic;
(2) Salvia Divinorum or any substance known by this name or any version of this name;
(3) Substances described as herbal blends, botanical blends, botanical sachet, herbal sachet, herbal potpourri, herbal incense, spice, salts, or any blend or combination of these, regardless of if the substance is marketed as "not for human consumption" which if ingested causes intoxication, euphoria, giddiness, paralysis, irrational behavior, or in any manner changes, distorts, or disturbs the auditory, visual, or mental process;
(4) Any substance defined in subsequent portions of this subchapter;
(5) Any substance which has a stimulant, depressant, psychedelic, psychotropic, or hallucinogenic effect on the body that is substantially similar to or greater than that of any controlled substance or unlawful drug; or
(6) Any substance marked or packaged under any name listed in Appendix A attached to Ordinance 70, passed September 2, 2014.
SYNTHETIC MARIJUANA/SYNTHETIC CANNABANOIDS/HERBAL SMOKING PRODUCT.
(1) A natural or man-made substance that elicits psychoactive or psychotropic euphoric effects, or a natural or man-made compound that functions similar to the active ingredient in marijuana (tetrahydrocannabinol "THC") including, but not limited to any quantity of a synthetic material, mixture, preparation, substance, and then analogs (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist, regardless of whether the substance is marketed for the purpose of being consumed, including any of the following:
(a) 2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.
(b) 3-(1-naphthoyl) indole or 3-(1-naphthylmethane) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.
(c) 3-(1-naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.
(d) 1-(1-naphthylmethylene) indene by substitution of the 3-positon of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.
(e) 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substitution on the phenyl ring to any extent.
(f) 5-(1, 1-dimethylheptyl)-2-[1R, 3S)-3-hydroxycyclohexyl]-phenol (CP-47,497).
(g) 5-(1, 1 dimethyloctyl)-2-[lR, #S)-3-hydroxycycloheyl] phenol (cannabicyclohexanol or CP-47, 497 C8-homolog).
(h) 1-pentyl-3-(l-naphthoyl)indole (JWH-018 and AM678).
(i) 1-pentyl-3-(1-naphthoyl)indole (JWH-073).
(j) 1-hexyl-3-(1-naphthoyl)indole (JWH-019).
(k) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200).
(l) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250).
(m) 1-pentyl-3-[1-(4-methyl-1-naphthoyl)indole (JWH-081).
(n) 1-penryl-3-(4-methyl-1-naphthoyl)indole (JWH-122).
(o) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398).
(p) 1-(5-flouropentyl)-3-(l-naphthoyl)indole (AM2201).
(q) 1-(5-fluoropentyle)-3(2-iodobenzoyl)indole (AM694).
(r) 1-pentyl-3-[(4-methoyxy)-benzoyl]indole (SR-19 and RCS-4).
(s) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8).
(t) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(2) Herbal smoking products, despite their labeling, are commonly identified by being sold in small packets containing natural or man-made substances, packaged under various retail names, identified as herbal potpourri, herbal sachet, herbal aromatherapy, etc., sold without a listing of ingredients, and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this subchapter, such projects are unlawful.
(3) SYNTHETIC MARIJUANA/SYNTHETIC CANNABANOIDS/HERBAL SMOKING PRODUCT are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are "not safe for human consumption," "novelty item," or similar disclaimer. Refer to Appendix A of Ordinance 70, passed September 2, 2014, for a listing of commercial names commonly used to advertise and portray these substances.
(4) SYNTHETIC MARIJUANA/SYNTHETIC CANNABANOIDS/HERBAL SMOKING PRODUCT shall exclude typical, standard incense and potpourri that is sold as incense sticks, oils, or cones that is commonly used for aromatic qualities and do not contain any synthetic chemical compounds, do not provide a prohibition against ingestion, and do not elicit psychoactive or psychotropic euphoric effects.
SYNTHETIC PSYCHEDELICS/HALLUCINOGENS.
(1) A substance that mimics the effects of any federally or state controlled substance, including but not limited to, any natural or man-made substance, compound, mixture, preparation, or is laced with a synthetic chemical compound that elicits a psychedelic/hallucinogenic effect including but not limited to the following:
(a) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
(b) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
(c) 2-(4-Chloror-2,5-dimethoxyphenyl)ethanamine (2C-C).
(d) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).
(e) 2-[(4-Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2).
(f) 2-[(4-Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4).
(g) 2-[2,5-Dimethoxyphenyl]ethanamine (2C-H).
(h) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N).
(i) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
(2) SYNTHETIC PSYCHEDELICS/HALLUCINOGENS, despite their labeling, are commonly identified by being sold in small packets, tubs, or vials and are often in tablet, capsule, and liquid form and packaged under various retail names, sold without a listing of ingredients, and often sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this subchapter, such products are unlawful.
(3) SYNTHETIC PSYCHEDELICS/HALLUCINOGENS, are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are "not safe for human consumption," "novelty item," or similar disclaimer. They may also be marked in a consumable pill form under various names. Refer to Appendix A attached to Ordinance 70, passed September 2, 2014, for a listing of commercial names commonly used to advertise and portray these substances.
(4) Salvia Divinorum/Salvinorum means all parts of the plant presently classified botanically as salvia divinorum whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds, or extracts.
SYNTHETIC STIMULANT.
(1) A product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects, especially where those products are in a powder, crystal, or granular form, including but not limited to the following:
(a) 3,4-Methylenedioxymethcathinone (Methylone).
(b) 3,4-Methyenedioxpyrovalerone (MDPV).
(c) 4-Methymethcathinone (Mephedrone).
(d) 4-Methoxymethcathinone (Methedrone).
(e) 4-Fluoromethcathinone (Flephedrone).
(f) 3-Fluoromethcathinone (3-FMC).
(g) Naphthylpyrovalerone.
(h) 2-amino-1phenyl-1-propanone (Cathinone).
(2) SYNTHETIC STIMULANTS, despite their labeling, are commonly identified by being sold in small packets, tubs, and vials, packaged under various retail names, often identified as bath salts, plant food, fertilizer, insect repellant, etc., and are usually powder or granular in form, sold without a listing of ingredients, and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this subchapter, such products are unlawful.
(3) SYNTHETIC STIMULANTS, often referred to as "Bath Salts," are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are "not safe for human consumption," "novelty item," or similar disclaimer. Refer to Appendix A attached to Ordinance 70, passed September 2, 2014, for a listing of commercial names commonly used to advertise and portray these substances.
(4) SYNTHETIC STIMULANTS, as defined in this subchapter, shall exclude normal, typical bath salts and bath additives which do not contain synthetic chemical compounds listed herein that elicit psychoactive or psychotropic stimulant effects. Standard bath salts primarily contain magnesium sulfate (Epsom salts), sodium chloride (table salt), sodium bicarbonate (baking soda), sodium hexametaphosphate (Calgon), amorphous/glassy sodium metaphosphate, sodium sesquicarbonate, and borax.
(Ord. 70, passed 9-2-2014)