A. "Consume," "consuming" or "consumption" shall mean to ingest, inhale, inject, smoke or snort (insufflate).
B. "Distribute," "distributing" or "distribution" shall mean to furnish, give away, exchange, transfer, deliver or supply, whether for monetary gain or not.
C. "Person" shall include any natural person, business, firm, company, corporaton, public corporation, club, trust, partnership, association and/or similar organization.
D. "Possess," "possessing" or "possession" shall mean to have for consumption, distribution or sale in one's acutal or constructive custody or control, or under one's authority or power, whether such custody, control, authority andor power be exercised solely or jointly with others.
E. "Provide," "providing" or "provision" shall mean offereing to distribute or sell a product or substance to any person.
F. "Psychoactive Bath Salts" shall mean 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 psycotropic 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); 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 pschotropic 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 §§ 11053-11058), 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 Food and drug administration ("FDA").
H. "Psychoactive Herbal Incense" shall mean 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); 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.
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, Black Mamba, Stinger, 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 USCA's schedules of controlled substances (Health and Safety Code §§ 11053-11058), 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.
J. "Psychoactive or psychotropic stimulant effects" shall mean 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.
K. "Psychoactive or psychotropic euphoric effects" shall mean 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.
L. "Sell," "selling" or "sale" shall mean to furnish, exchange, transfer, deliver or supply for monetary gain.
M. "Synthetic Drug" shall include Psychoactive Bath Salts and Psychoactive Herbal Incense, as those terms are defined hereinabove.