(a) CONSUME
,
CONSUMING
, or
CONSUMPTION.
To ingest, inhale, inject, smoke, or snort (insufflate).
(b) DISTRIBUTE
,
DISTRIBUTING
, or
DISTRIBUTION.
To furnish, give away, exchange, transfer, deliver, or supply, whether for monetary gain or not.
(c) PERSON.
Includes any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association, and/or similar organization.
(d) POSSESS
,
POSSESSING
, or
POSSESSION.
To have for consumption, distribution, or sale in a person’s actual or constructive custody or control, or under a person’s authority or power, whether such custody, control, authority, and/or power is exercised solely or jointly with others.
(e) PROVIDE
,
PROVIDING
, or
PROVISION.
Offering to distribute or sell a product or substance to any person.
(f) PSYCHOACTIVE BATH SALTS.
Any crystalline or powder product that contains a synthetic chemical compound that, when consumed, elicits psychoactive or psychotropic stimulant effects. The term
PSYCHOACTIVE BATH SALTS
includes without limitation:
(1) Products that elicit psychoactive or psychotropic stimulant effects and contain any of the following intoxicating chemical compounds:
(A) Cathinone (2-amino-1-phenyl-1-propanone), 4-methylmethcathinone (2-methylamino-1-(4-methylphenyl)propan-1-one), 4-methoxymethcathinone (1-(4-methoxyphenyl)-2-(methylamino)propan-1 -one), MDPV (methylenedioxypyrovalerone), MDMA (3,4-methylenedioxy-N-methylamphetamine), methylone (3,4-methylenedioxy-N-methylcathinone), methcathinone (2-(methylamino)-1-phenyl-propan-1-one), flephedrone (4-fluoromethcathinone), 3-FMC (3-fluoromethcathinone), ethcathinone (2-ethylamino-1-phenyl-propan-1-one), butylone (-keto-N-methylbenzodioxolylbutanamine), a-PPP (-pyrrolidinopropiophenone), MPPP (4'-methyl--pyrrolidinopropiophenone), MDPPP (3',4'-methylenedioxy--pyrrolidinopropiophenone), -PVP (1-phenyl-2-(1-pyrrolidinyl)-1-pentanone) or naphyrone (1-naphthalen-2-yl-2-pyrrolidin-1-ylpentan-1-one);
(B) Any derivative of the above listed intoxicating chemical compounds;
(C) Any synthetic substance and its isomers with a chemical structure similar to the above listed compounds;
(D) Any chemical alteration of the above listed intoxicating chemical compounds; or
(E) Any other substantially similar chemical structure or compound; and
(2) Products that elicit psychoactive or psychotropic stimulant effects and are marketed under any of the following trade names: Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night and White Lightning.
The term
PSYCHOACTIVE BATH SALTS
shall not include any product, substance, material, compound, mixture or preparation that is specifically excepted by the California Uniform Controlled Substances Act (“UCSA”) (Health and Safety Code §§ 11000 et seq.), listed in one of the UCSA’s schedules of controlled substances (Health and Safety Code §§ 11053 through 11058), regulated by one of the UCSA’s Synthetic Drug Laws (Health and Safety Code §§ 11357.5, 11375.5, and 11401), regulated by the Federal Controlled Substances Act (the “CSA”) (21 U.S.C. § 81 et seq.) or approved by the Food and Drug Administration (“FDA”).
(g) PSYCHOACTIVE HERBAL INCENSE.
Any organic product consisting of plant material that contains a synthetic stimulant compound that, when consumed, elicits psychoactive or psychotropic euphoric effects. The term
PSYCHOACTIVE HERBAL INCENSE
includes without limitation:
(1) Products that elicit psychoactive or psychotropic euphoric effects and contain any of the following intoxicating chemical compounds:
(A) Cannabicyclohexanol (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-(2-methylnonan-2-yl)phenol), JWH-018 (naphthalen-1-yl-(1-pentylindol-3-yl)methanone), JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone), JWH-200 ((1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone), HU-210 ((6aR,10aR)- 9-(Hydroxymethyl)- 6,6-dimethyl- 3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol), CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-(2-methyloctan-2-yl)phenol) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) or AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)methanone);
(B) Any derivative of the above listed intoxicating chemical compounds;
(C) Any synthetic substance and its isomers with a chemical structure similar to the above listed intoxicating chemical compounds;
(D) Any chemical alteration of the above listed intoxicating chemical compounds; or
(E) Any other substantially similar chemical structure or compound; and
(2) Products that elicit psychoactive or psychotropic euphoric effects and are marketed under any of the following trade names: K2, K3, Spice, Genie, Smoke, Potpourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Ocean Blue, Stinger, Serenity, Fake Weed, and Black Mamba. The term "psychoactive herbal incense" shall not include any product, substance, material, compound, mixture, or preparation that is specifically excepted by the UCSA (Health and Safety Code §§ 11000 et seq.), listed in one of the UCSA’s schedules of controlled substances (Health and Safety Code §§ 11053 through 11058), regulated by one of the USCA’s Synthetic Drug Laws (Health and Safety Code §§ 11357.5, 11375.5, and 11401), regulated by the CSA (21 U.S.C. § 81 et seq.), or approved by the FDA.
(h) PSYCHOACTIVE OR PSYCHOTROPIC STIMULANT EFFECTS.
Affecting the central nervous system or brain function to change perception, mood, consciousness, cognition, and/or behavior in ways that are similar to the effects of cocaine, methylphenidate, or amphetamines.
(i) PSYCHOACTIVE OR PSYCHOTROPIC EUPHORIC EFFECTS.
Affecting the central nervous system or brain function to change perception, mood, consciousness, cognition, and/or behavior in ways that are similar to the effects of cannabis.
(j) SELL
,
SELLING
, or
SALE.
To furnish, exchange, transfer, deliver, or supply for monetary gain.
(k) SYNTHETIC DRUG.
Includes psychoactive bath salts and psychoactive herbal incense, as those terms are defined hereinabove.
(Ord. 4253, passed - -2014)