The following words and phrases shall have the meanings set out here in the interpretation and enforcement of this Chapter:
(a) “Consume” or consumption means to ingest, inhale, inject, smoke or snort (insufflate).
(b) “Distribute,” “distribution,” or “distributing” means to offer for sale, distribute, furnish, gift, transfer, exchange, or give to any person; and includes any and all transactions of that nature made by any person whether as principal proprietor, agent, servant, employee or otherwise.
(c) “Person” shall include any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association and/or similar organization.
(d) “Possess,” “possessing” or “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.
(e) “Produce,” “production,” or “producing” means to create, make, manufacture, generate, construct, or develop.
(f) “Psychoactive bath salts” are defined without limitation as products that elicit psychoactive or psychotropic stimulant effects and contain any of the following substances:
(1) (A) Cathinone (2-amino-l-phenyl-l- propanone), 4-methylmethcathinone (2- methylamino-1-(4-methylphenyl)propan-1-one), 4-methoxymethcathinone (1-(4-methoxyphenyl)- 2-(methylamino)propan-1-one), MDPV (methylenedioxypyrovalerone), MDMA (3,4- methylenedioxy-N-methylamphetamine), 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 (13-keto-N-methylbenzodioxolylbutanamine), a-PPP (a-pyrrolidinopropiophenone), MPPP (4'-methyl-a- pyrrolidinopropiophenone), MDPPP (3',4'- methylenedioxy-a-pyrrolidinopropiophenone), a-PVP (1-phenyl-2-(1-pyrrolidinyl)-1-pentanone) or naphyrone (1-naphthalen-2-yl-2-pyrrolidin-1-ylpentan-1-one), methylenedioxymethcathinone, methylone, methyenedioxypyrovalerone, MDPV4, mephedrone- methoxymethcathinone, methedrone- fluoromethcathinone, fluoromethcathinone, FMCnaphthylpyrovalerone, alpha- pyrrolidinopentiopenone (alpha-pvp) which is a derivative of 2-amino-1-phenyl-1-propanone (“cathinone”);
(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 any other substantially similar chemical structure or compound;
(E) Any crystalline or powder product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects including, but not limited to, the substances listed in this Section: methylenedioxymethcathinone, methylone, methyenedioxypyrovalerone, MDPV4, methylmethcathinone, mephedrone- methoxymethcathinone, methedrone- fluoromethcathinone, flephedrone, fluoromethcathinone, FMCnaphthylpyrovalerone, alpha-pyrrolidinopentiopenone (alpha-pvp) which is a derivative of 2-amino-1-phenyl-1-propanone (“cathinone”) and/or any derivatives, synthetic substances and their isomers with similar chemical structure, or any chemical alteration of these compounds which exhibits the same effects, and any other substantially similar chemical structure or compound.
(2) Products commonly marketed under 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. These products may also be marketed under other trade names and/or contain a common disclaimer that these products are not safe for human consumption.
(3) This definition does not include bath salts that do not contain synthetic chemical compounds listed above 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 agmlaorpshsouys, sodium metaphosphate, sodium sesquicarbonate and borax.
(g) “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), JVVH-018 (naphthalen-1-0- (1-pentylindol-3-yl)methanone), JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone), JINN-200 ((1-(2-morpholin-4-ylethyl)indol-3-yl)- naphthalen-1-ylmethanone), HU-210 ((6aR,10aR)- 9-(Hydroxymethyl)-8,6-dimethyl- 3-(2-methyloctan- 2-yl)- 6a,7,10,10a-tetrahydrobenzo icichromen- 1-ol), CP 47,497 (2-[(1R,3S)-3- hydroxycyclohexyl]- 5-(2- methyloctan-2-yl)phenol) CP 47,497 (2-[(1R,3S)-3- hydroxycyclohexyl]- 5-(2-methyloctan-2-yl)phenol) or AM-2201 (1-[(5- fluoropentyl)-1H-indo1-3-yl]- (naphthalen-1-yl)methanone);
(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;
(E) Any other substantially similar chemical structure or compound; or
(F) Any organic product consisting of plant material that contains a synthetic chemical compound that elicits psychoactive or psychotropic euphoric effects including, but not limited to, the following: any synthetic cannabinoid compound or any derivatives, synthetic substances and their isomers with similar chemical structure, or any chemical alteration of these compounds which exhibits the same effects, and/or any other substantially similar chemical structure or compound.
(2) Products commonly marketed under the following names: K2, K3, Spice, Genie, Smoke, Potpourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Blue, Serenity, Fake Weed. These products may also be marketed under other trade names and contain a common disclaimer that these products are not safe for human consumption.
(3) This definition does not include incense that is sold as incense sticks, oils, or cones that are commonly used for their aromatic qualities that do not contain any synthetic chemical compounds listed above that elicit psychoactive or psychotropic euphoric effects.
(h) “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.
(i) “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.
(j) “Sell,” “selling” or “sale” shall mean to furnish, exchange, transfer, deliver or supply for monetary gain.
(k) “Synthetic drug” shall include psychoactive bath salts and psychoactive herbal incense, as those terms are defined hereinabove.
(Ord. 143, passed 12-13-2012)