(A) (1) It shall be unlawful for any person to use, possess, purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following substances defined below within the city limits of the City of Mount Pleasant, Texas.
(a) Salviadivinorum or salvinorum A;
(b) 2-[1R, 3S)-3-hydroxycyclohexyl}-5(2-methylocatan-2-yl) phenol (also known as CP47, 497) and homologues;
(c) (6aS, 10aS)-9(hydroxmethyl)-6, 6-dimethyl-3-(2-methyloctan–2-yl)-6a, 7, 10, 10a-tetrahydrobenzo [c] chormen-l-ol) (also known as HU-211 or Dexanabinol);
(d) l-Pentyl-3-(l-naphthoyl) indole (also known as JWH-073);
(e) Butyl-3-(l-naphthoyl) indole (also known as JWH-073);
(f) Any substance consisting of organic material, synthetic material or a combination of either which produces, or by its design is intended to produce, an effect similar to marijuana or other illegal substance when ingested.
(2) Products containing some of the substances in (A)(1) are commonly marketed under, but not limited to, the following names: "SPICE", "GENIE", "DaSCENTS", "ZOHAI", "SAGE", "K-2", "KO KNOCK-OUT", "SPICE GOLD", "SPICE DIAMOND", "YUCATAN FIRE", "SOLAR FLARE", "PEP SPICE", "FIRE N' ICE", and "SALVIA DIVINORUM".
(B) It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product.
(C) It shall be unlawful for any person to use or possess an ingestion device with the intent to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product.
(D) The culpable mental state required by Ch. 6.02 of the Tex. Penal Code is specifically negated and dispensed with and a violation is a strict liability offense.
(Ord. 2010-11, passed 9-7-10) Penalty, see § 130.99