(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
RESTRICTED SMOKING MATERIAL.
(1) Any substance, however marketed, which can reasonably be converted for smoking purposes whether it is presented as incense, tobacco, herbs, spices or any blend thereof it if includes any of the following chemicals or a comparable chemical:
(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 plants, its seeds or extracts;
(b) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as CP47,497) and homologues;
(c) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- tetrahydrobenzo[c]chromen-1-o1) (also known as HU-211 or Dexanabinol);
(d) 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018);
(e) 1-butyl-3-(1-naphthoyl)indole (also known as JWH-073); or
(f) 1-pentyl-3-(4-methoxynaphthoyl)indole (also known as JWH-081).
(2) Products containing some of the above substances are currently being marketed under the following commercial names:
"K-2," "K-2 SUMMIT," "K-2 SEX," "GENIE," "DASCENTS," "ZOHAI," "SAGE," "SPICE," "KO KNOCK-OUT 2," "SPICE GOLD," "SPICE DIAMOND," "YUCATAN FIRE," "SOLAR FLARE," "PEP SPICE," "FIRE N' ICE," AND "SALVIA DIVINORUM" .
(3) It is anticipated by the council that new products will be marketed under different names but will be subject to this definition if they contain any of the chemical components set forth above.
(B) Restricted smoking materials; purpose. The purpose of this section is to prohibit the sale or delivery of restricted smoking materials as defined herein to any individual below 21 years of age within the city limits of the City of Cleburne and to prohibit the possession of restricted smoking materials by any individual below 21 years of age within the city limits of the City of Cleburne. Any form of delivery to include a simple gift constitutes a violation of this section.
(C) Sale, delivery, offer, or gift. It shall be unlawful for any person to sell, offer to sell, deliver to or to give any restricted smoking material to anyone below 21 years of age.
(D) Use or possession of restricted smoking material. It shall be unlawful for any person below 21 years of age to have in their possession or to use restricted smoking materials within the corporate limits of the City of Cleburne.
(E) Defenses to prosecution.
(1) It shall be a defense to prosecution for a violation of this section if the use of the restricted smoking material is at the direction of or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the State of Texas.
(2) It shall be a defense to prosecution under the terms of this section 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.
(Ord. 07-2010-47, passed 7-27-10) Penalty, see § 130.99