For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MANUFACTURE. To complete, blend, formulate, package, repackage or develop by any means any substance made unlawful by this subchapter.
POSSESSION. To possess on one’s own person or possession by a person exercising dominion or control over the immediate area where contraband is found whether in a vehicle, vessel, container, dwelling, building or other structure, whether upon public or private property.
SALE/TRANSFER. To offer for sale, to advertise for sale, to sell, to distribute, to furnish, to transfer, to barter or to exchange to any person or entity with or without an exchange of compensation or service.
SALVIA DIVINORUM/SALVINORUM. All parts of the plant presently classified botanically as salvia divinorum whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salts, derivative, mixture or preparation of the plant, its seeds or extracts.
SYNTHETIC/ALTERNATIVE DRUG.
(1) Any substance containing a synthetic cannabinoid, stimulant, psychedelic, depressant or hallucinogenic;
(2) Salvia Divinorum or any substance known by this name or any version of this name;
(3) Substances described as herbal blends, botanical blends, botanical sachet, herbal sachet, herbal potpourri, herbal incense, spice, salts or any blend or combination of these, regardless of it the substance is marketed as “not for human consumption” which if ingested causes intoxication, euphoria, giddiness, paralysis, irrational behavior or in any manner changes, distorts or disturbs the auditory, visual or mental process;
(4) Any substance defined in subsequent portions of this subchapter;
(5) Any substance which has a stimulant, depressant, psychedelic, psychotropic or hallucinogenic effect on the body that is substantially similar to or greater than that of any controlled substance or unlawful drug; or
(6) Any substance marked or packaged under any name listed in § 132.03.
SYNTHETIC MARIJUANA/SYNTHETIC CANNABINOID/HERBAL SMOKING PRODUCT.
(1) A natural or human-made substance that elicits psychoactive or psychotropic euphoric effects, or, a natural or human-made compound that functions similar to the active ingredient in marijuana (tetrahydrocannabinol “THC”) including, but not limited to, any quantity of a synthetic material, compound, mixture, preparation, substance and their analogs (including isomers, esters, ethers, salts and salts of isomers) containing a cannabinoid receptor agonist, regardless of whether the substance is marketed for the purpose of being consumed, including any of the following:
(a) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent;
(b) 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent;
(c) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent;
(d) 1-(1-naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent;
(e) 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent;
(f) 5-(1,1-dimethylheptyl)-2-[(lR,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);
(g) 5-(1,1-dimethyloctyl)-2-[(lR,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog);
(h) 1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678);
(i) 1-butyl-3-(1-naphthoyl)indole (JWH-073);
(j) 1-hexyl-3-(1-naphthoyl)indole (JWH-019);
(k) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(l) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(m) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081);
(n) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
(o) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
(p) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201);
(q) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694);
(r) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4);
(s) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8); and
(t) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(2) HERBAL SMOKING PRODUCTS, despite their labeling, are commonly identified by being sold in small packets containing natural or human-made substances, packaged under various retail names, identified as herbal potpourri, herbal sachet, herbal aromatherapy and the like, sold without a listing of ingredients, and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this subchapter, those products are unlawful.
(3) SYNTHETIC MARIJUANA/SYNTHETIC CANNABINOID/HERBAL SMOKING PRODUCT are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item” or similar disclaimer. Refer § 132.03 for a listing of commercial names commonly used to advertise and portray these substances.
(4) SYNTHETIC MARIJUANA/SYNTHETIC CANNABINOID/HERBAL SMOKING PRODUCT shall exclude typical, standard incense and potpourri that is sold as incense sticks, oils, or cones that is commonly used for their aromatic qualities and do not contain any synthetic chemical compounds, do not provide a prohibition against ingestion, and do not elicit psychoactive or psychotropic euphoric effects.
SYNTHETIC PSYCHEDELICS/HALLUCINOGENS.
(1) A substance that mimics the effects of any federally or state controlled substance, including, but not limited to, any natural or human-made substance, compound, mixture, preparation, or is laced with a synthetic chemical compound that elicits a psychedelic/hallucinogenic effect including, but not limited to, the following:
(a) 2-(2,5-Dimethoxy-4-ethylphenly)ethanamine (2C-E);
(b) 2-(2,5,Dimethoxy-4-methylphenyl)ethanamine (2C-D);
(c) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
(d) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
(e) 2-(4-Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);
(f) 2-[4-(Isopropylthio)-2,5-dimethoxphenyl]ethanamine (2C-T-4);
(g) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(h) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N); and
(i) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
(2) SYNTHETIC PSYCHEDELIC/HALLUCINOGENS, despite their labeling, are commonly identified by being sold in small packets, tubs, or vials and are often in tablet, capsule and liquid form and packaged under various retail names, sold without a listing of ingredients, and often sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this subchapter, those products are unlawful.
(3) SYNTHETIC PSYCHEDELICS/HALLUCINOGENS are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item” or similar disclaimer. They may also be marked in a consumable pill form under various names. Refer to § 132.03 for a listing of commercial names commonly used to advertise and portray these substances.
SYNTHETIC STIMULANT.
(1) A product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects, especially where those products are in a powder, crystal or granular form, including, but not limited to, the following:
(a) 3,4-Methylenedioxymethcathinone (Methylene);
(b) 3,4-Methyenedioxypyrovalerone (MDPV);
(c) 4-Methylmethcathinone (Mephedrone);
(d) 4-Methoxymethcathinone (Methedrone);
(e) 4-FIuoromethcathinone (Flephedrone);
(f) 3-Fluoromethcathinone (3-FMC);
(g) Naphthylpyrovalerone; and
(h) 2-amino-1-phenyl-1-propanone (Cathinone).
(2) SYNTHETIC STIMULANTS, despite their labeling, are commonly identified by being sold in small packets, tubs and vials, packaged under various retail names, often identified as bath salts, plant food, fertilizer, insect repellant and the like, and are usually powder or granular in form, sold without a listing of ingredients, and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this subchapter, those products are unlawful.
(3) SYNTHETIC STIMULANTS, often referred to as “bath salts”, are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item” or similar disclaimer. Refer to § 132.03 for a listing of commercial names commonly used to advertise and portray these substances.
(4) SYNTHETIC STIMULANTS, as defined in this subchapter, shall exclude normal, typical bath salts and bath additives which do not contain synthetic chemical compounds listed herein 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 (Caigon), amorphous/glassy sodium metaphosphate, sodium sesquicarbonate and borax.
(Ord. 202, passed 12-10-2013)