(A) Definitions. As used in this section, the following terms shall have the meanings indicated as follows:
METHYLONE, MEPHEDRONE, METHYLMETHCATHINONE, FLUOROMETHCATHINONE or METHYLEN DIOXYPYROVALERON (MDPV). Collectively BATH SALTS shall mean any material, compound, mixture, or preparation, whether produced directly or indirectly from a substance of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, that contains any quantity of the following substances, or that contains any of the following substances’ analogs, salts, isomers, and salts of isomers when the existence of the analogs, salts, isomers, and salts of isomers is possible within the specific chemical designation methylone, mephedrone, methoxymethcathinone, fluoromethcathinone or methylen dioxypyrovalerone (MDPV).
SYNTHETIC MARIJUANA. All chemical compounds intended to replicate, mimic or cause a similar reaction to the effects of marijuana or cannabis. Such compounds are known or marketed under such names as THC, HU-210 cannabicyclohexanol, JWH-018, JWH-073, K2, Spice, herbal incense, herbal smoking blends, and other names. Further, synthetic marijuana shall be considered an illegal narcotic as further provided in the City Code.
(B) Prohibition.
(1) Possession, distribution or consumption of methylone, mephedrone, methylmethcathinone, fluoromethcathinone or methylen dioxypyovaleron (MDPV), collectively “bath salts” and/or synthetic marijuana.
(2) It is unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess synthetic marijuana bath salts unless prescribed by a licensed physician. Licensed health care providers, pharmacists and medical or pharmaceutical research facilities are exempted from the prohibitions against using, possessing, selling or purchasing bath salts when used, purchased, sold or possessed for patient treatment or medical pharmaceutical research.
(C) Advertisement, sale and use prohibited. The advertisement, sale and use of synthetic marijuana and bath salts is prohibited with the city.
(Ord. 2011-32, passed 11-14-11) Penalty, see § 134.99