The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BUSINESS.
Any commercial enterprise subject to obtainment of a business license in Tulare.
CONSUME, CONSUMING or
CONSUMPTION.
To ingest, inhale, inject, smoke or snort (insufflate).
DISTRIBUTE
,
DISTRIBUTING
or
DISTRIBUTION.
To furnish, give away, exchange, transfer, deliver or supply, whether for monetary gain or not.
PERSON.
Includes any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association or similar organization.
POSSESS
,
POSSESSING
or
POSSESSION.
To have for consumption, distribution or sale in one’s actual or constructive custody or control, or under one’s authority or power, whether such custody, control, authority or power be exercised solely or jointly with others.
PROVIDE
,
PROVIDING
or
PROVISION.
Offering to distribute or sell a product or substance to any person.
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-methoxyphyenyl)-2-(methylamino)propan-1-one), MDPV (methylenedioxypyrovalerone), MDMA (3, 4-methylenedioxy-N-methylamphetamine), methylene (3,4-methylenedioxy-N-methylcathinone), methcathinone (2-(methylarnino)-1-phenyl-propan-1-one), flephedrone (4-fluoromethcathinone), 3-FMC (3-fluoromethcathinone), ethcathinone (2-ethylamino-1-phenyl-propan-1-one), butylone (13-keto-N-methylbenzodioxolylbutanamine), a-PPP (a-pyrrolidinopropiophenon), MPPP (4'-methyl-a-pyrrolidinopropiophenone), MDPPP (3',4'--methylenedioxy-a-pyrrolidinoprio-piophenone),a-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.
(3) 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”) (Cal. Health and Safety Code §§ 11000 et seq.), listed in one of the UCSA’s schedules of controlled substances (Cal. Health and Safety Code §§ 11053 through11058), regulated by one of the UCSA’s Synthetic Drug Laws (Cal. 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”).
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 chemical compounds:
(a) Cannabicyclohexanol (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol), JWH-018 (naphthalene-1-yl-(1-pentylindol-3-yl)methanone), JWH-073 (napththalen-1-yl-(1-butylindol-3-yl)methanone), JWH-200 ((1-(2-morpholin-4-ylethyl)indol-2-yl)-naphthalen-1-ylmethanone), HU-210 ((6aR,1OaR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,1Oa-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]-(nap-thalen-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 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.
(3) The term PSYCHOACTIVE HERBAL INCENSE
shall not include any product, substance, material, compound, mixture, or preparation that is Psychoactive Herbal Incense, and Other Synthetic Drugs specifically excepted by the UCSA (Cal. Health and Safety Code §§ 11000 et seq.), listed in one of the UCSA’s schedules of controlled substances (Cal. Health and Safety Code §§ 11053 through 11058) regulated by one of the USCA’s Synthetic Drug Laws (Cal. 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.
PSYCHOACTIVE OR PSYCHOTROPIC EUPHORIC EFFECTS.
Affecting the central nervous system or brain function to change perception, mood, consciousness, cognition or behavior in ways that are similar to the effects of cannabis.
PSYCHOACTIVE OR PSYCHOTROPIC STIMULANT EFFECTS.
Affecting the central nervous system or brain function to change perception, mood, consciousness, cognition or behavior in ways that are similar to the effects of cocaine, methylphenidate or amphetamines.
SELL
,
SELLING
or
SALE.
To furnish, exchange, transfer, deliver or supply for monetary gain.
SYNTHETIC DRUG.
Includes psychoactive bath salts and psychoactive herbal incense, as those terms are defined hereinabove.
(Ord. 14-06, passed 10-21-2014)