As used in this section:
1. “Synthetic cannabinoids” and/or “synthetic marijuana” means any herbal or plant material which has been soaked, sprayed, or otherwise enhanced with a synthetic chemical or synthetic chemical compound that enables the herbal or plant material, or the smoke emitted from its burning, to mimic or simulate the effects of a controlled substance when inhaled, ingested, or otherwise introduced into the human body. Street names for such products include, but are not limited to: Bliss, Black Mamba, Bombay Blue, Fake Weed, Genie, Spice, Zohai, K2, K3, Smoke, Pot-Purri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Stinger, Ocean Blue, Serenity, Chronic Spice, Spice Gold, Spice Silver, Skunk, Mr. Nice Guy, Mr. Happy, K3 Legal, Sence, Smoke, Chill X, Earth Impact, Galaxy Gold, Space Truckin, Solar Flare, Moon Rocks, Aroma, Scope, Sky High, Atomic, G-20, Guerrilla, Warfare, Makes Scents, g-13, Tiger Matrix, Hypnotiq, AK47, Maui Wowie, Cloud 9 Daylights, Joker, Dead man Walking, Brain Storm, Soul Sence, Kush, Kush Mania, Dragons Fire, Lucid, Mad Hatter, Scooby Snax, D-ZL, OMG, Demon, Barley In, Pineapple Express and Hayze.
2. “Bath salts,” “synthetic cathinones” and/or “synthetic stimulants” means any crystalline or powdered product in crystalline, loose powder, block, tablet, or capsule form, or any stimulant-type product which has been soaked, sprayed, or otherwise enhanced with a synthetic chemical or synthetic chemical compound that enables the product, or the smoke emitted from its burning, to mimic or simulate the effects of a controlled substance when inhaled, ingested, or otherwise introduced into the human body. Street names for these products include, but are not limited to: Bliss, Blue Silk, Cloud Nine, Drone, Energy-1, Ivory Wave, Lunar Wave, Meow Meow, Ocean Burst, Pure Ivory, Purple Wave, Red Dove, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Knight, White Lightening, Blizzard, Bonzai Grow, Charge Plus, Charlie, Euphoria, Hurricane, Lunar Wave, Ocean, Pixie Dust, Posh, Scarface, Lovely Dovey, Aura, MDPV, MDPK, MTV, Maddie, Hurricane Charlie, Black Rob, Super coke, PV, Peeve, Meph, Drone and MCAT.
3. “Drug” means an article that is intended to affect the function of the body of humans.
4. “Misbranded drug” means a drug for which: (i) the label is in any way false or misleading; (ii) the label does not bear the name and place of business of the manufacturer, repackager, or distributor of the finished form of the drug; (iii) the label does not bear adequate directions for use; or (iv) the label does not bear adequate warnings against use.
5. “Illicit street drugs” means drugs which are trafficked and/or consumed illegally.
6. “Illicit synthetic drugs” means synthetic equivalents of the substances contained in the Cannabis plant, or in the resinous extractives of such plant, and synthetic substances, derivatives and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant. “Illicit synthetic drugs” shall include, but not necessarily limited to, synthetic cannabinoids, synthetic marijuana, bath salts, synthetic cathinones, synthetic stimulants and misbranded drugs. The following factors, taken in the totality of the circumstances, may be considered evidence a product, substance or other material is an illicit synthetic drug:
A. Marketing. A product routinely advertised as having a purpose for which it is rarely, if ever, suitable to be used. Such advertised purposes include, but are not limited to, as incense, potpourri, food additive, therapeutic bath crystals, plant food, insect repellant, iPod cleaner or glass cleaner.
B. Sales Location. Products displayed and sold in businesses such as liquor stores, smoke shops, and gas/convenience stores where such advertised products typically are not sold.
C. Labels and Packaging.
(1) Products labeled as common, non-consumable products which contain warnings not normally found on such products, such as, but not limited to, “not for human consumption” or “not for purchase by minors.”
(2) Products containing notices on the package not normally found on similar products such as, but not limited to, “does not contain any chemical compounds prohibited by state law,” “contains no prohibited chemicals,” “product is in accordance with State and Federal laws,” “does not contain AM2201 or any DEA banned substance,” “legal herbal substance,” “100% complaint guaranteed,” “100% chemical free” and “100% synthetic free.”
(3) Products the package labeling of which suggests the user will achieve a “high,” euphoria, relaxation, mood enhancement or other effect on the body.
D. Price. The price of the advertised product is significantly more expensive than other products marketed in the Cedar Rapids Metro area for the same or similar use.
E. Misleading Directions. The product contains directions for the product’s use, which are not consistent with the type of product advertised.
F. Similarly to Illicit Street Drugs.
(1) Products designed to make the substance similar in appearance to illicit street drugs; and/or
(2) Products advertised using brand names and packaging designed to make the product similar in appearance to illicit street drugs, or labeled with names similar to commonly used street slang for illicit street drugs; which names or labeling have no relation to the advertised use of the product being sold.
G. Ingredients. A product which has been enhanced with a synthetic chemical or synthetic chemical compound that has no legitimate relation to the advertised use of the product but mimics the effects of a controlled substance when the product, or the smoke from the burned product, is introduced into the human body.
H. Verbal or Written Representations. Verbal or written representations made at the place of sale or display regarding the purpose, methods, use, or effect of the product.
7. “Premises” includes all or part of any structure located on a lot parcel of land, in addition to the lot or parcel of land surrounding the structure.
8. “Synthetic chemical” or “synthetic chemical compound” refers to a chemical or chemical compound whose molecular make up is similar to those substances the intended primary use of which is to mimic the effects of a controlled substance when introduced into the human body.