(A) The city finds that herbal incense products marketed in the United States that provide a marijuana-like high when smoked have become increasingly popular, particularly among teens and young adults and that these products consist of plant material that has been laced with chemicals that have not been approved by the FDA for human consumption.
(B) The Court further finds that the Commonwealth of Kentucky has moved to prohibit the sale and possession of similar products, but the changing nature of the products has resulted in the availability of herbal incense products that exceed the Commonwealth's definition and statutes and therefore are not properly regulated by the Commonwealth of Kentucky. The Court is aware that the side effects of the unregulated herbal incense products pose a threat to the public health and safety of the citizens of the county and it is in the best interests of the county to regulate the sale and use of such products.
(Ord. 001-12, passed 2-6-12)