(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ILLEGAL SMOKING PRODUCT.” Any plant other 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 substances or chemicals:
(a) Salvinorin A: Contained within the Salvia Divinorum plant, whether growing or not; or possessed as an extract, compound, manufacture, derivative, mixture, or preparation of the plant;
(b) 2-[(IR, 3S)-3-hydroxycyclohexyl]-5-(2-methylocatan- 2-yl) phenol (also known ad CP 47, 497) and homologues;
(c) I-Pentyl-3-(I-naphtholy) indole (also known as JWH-OI8);
(d) Butyl-3-(I-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:
(a) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
(b) A water pipe;
(c) A carburetion tube or device;
(d) A smoking or carburetion mask;
(e) A chamber pipe;
(f) A carburetor pipe;
(g) An electric pipe;
(h) An air-driven pipe;
(i) A chillum;
(j) A bong; or
(k) An ice pipe or chiller.
“PERSON.” An individual, corporation, partnership, wholesaler, retailer or any licenses or unlicensed business.
(B) Violation.
(1) It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product.
(2) It shall be unlawful for any person to use or possess an ingestion device with the intent to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product.
(3) Any person found to be violating any term or provision of this section, shall be subject to a fine in accordance with § 132.99 of the Code of Ordinances of the city for each offense. Every day a violation continues shall constitute a separate offense.
(4) Allegation and evidence of a culpable mental state is not required for proof of an offense defined by this chapter.
(C) Affirmative defense.
(1) It shall be an affirmative defense for a person charged with an offense for possession or use of an illegal smoking product that the use or possession was pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe the act.
(2) It shall not be a violation of this section if the sale or possession of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose.
(Ord. 831, passed 1-21-13)