(A) Prohibitions; sale, possession, transfer, manufacture of synthetic or alternative drugs.
(1) A person is guilty of a violation of this section if he or she sells, possesses, transfers or manufactures any substance or product containing any quantity of synthetic or alternative drug, as defined under this section.
(2) All substances made unlawful by this section shall constitute contraband, subject to immediate seizure by law enforcement and shall be destroyed upon a conviction for a violation of this section.
(3) The substances defined in this section shall not include medications or substances for which the possessing party holds a valid prescription or beer, wine or intoxicating liquors as defined by local, state and federal laws.
(4) Products commercially available and sold which have common, proven and lawful uses under local, state and federal law shall not be deemed unlawful by this section. Examples are prescription and over the counter medications, health supplements where the ingredients are listed on the packaging, food and drink products and the like.
(5) In addition to the definitions provided in this section, the following additional factors shall be considered in making the determination if a substance is unlawful under this section:
(a) Scope of legitimate uses of the product;
(b) Physical and testimonial evidence provided by officers and prosecutors regarding known uses of the product;
(c) Statements made by persons selling, possessing, and using the product;
(d) Availability of the product to include types and number of area businesses selling it;
(e) The ratio of the price of the product compared to the quantity sold; and
(f) The proximity of the product in relation to devices used to ingest or consume controlled substances.
(B) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
MANUFACTURE. To complete, blend, formulate, package, repackage or develop by any means any substance made unlawful by this section.
POSSESSION. To possess on one’s own person or possession by a person exercising dominion or control over the immediate area where contraband is found whether in a vehicle, vessel, container, dwelling, building or other structure, whether upon public or private property.
SALE/TRANSFER. To offer for sale, to advertise for sale, to sell, to distribute, to furnish, to transfer, to barter or to exchange to any person or entity with or without an exchange of compensation or service.
SALVIA DIVINORUM/SALVINORUM. All parts of the plant presently classified botanically as salvia divinorum whether growing or not, the seeds thereof, any extract from any part of the plant and every compound, manufacture, salts, derivative, mixture or preparation of the plant, its seeds or extracts.
SYNTHETIC STIMULANT.
(a) A product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects, especially where those products are in a powder, crystal or granular form, including, but not limited to, the following:
1. 3,4-Methylenedioxymethcathinone (Methylone);
2. 3,4-Methyenedioxpyrovalerone (MDPV);
3. 4-Methymethcathinone (Mephedrone);
4. 4-Methoxymethcathinone (Methedrone);
5. 4-Fluoromethcathinone (Flephedrone);
6. 3-Fluoromethcathinone (3-FMC);
7. Naphthylpyrovalerone; and
8. 2-amino-lphenyl-l-propanone (Cathinone).
(b) SYNTHETIC STIMULANTS, despite their labeling, are commonly identified by being sold in small packets, tubs, and vials, packaged under various retail names, often identified as bath salts, plant food, fertilizer, insect repellant and the like and are usually powder or granular in form, sold without a listing of ingredients and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this section, such products are unlawful.
(c) SYNTHETIC STIMULANTS, often referred to as “bath salts” are commonly marketed under various commercial trade names, which changed often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item” or similar disclaimer. Refer to division (E) below for a listing of commercial names commonly used to advertise and portray these substances.
(d) SYNTHETIC STIMULANTS, as defined in this section, shall exclude normal, typical bath salts and bath additives which do not contain synthetic chemicals compounds listed herein that elicit psychoactive or psychotropic stimulant effects. Standard bath salts primarily contain magnesium sulfate (Epsom salts) sodium chloride (table salt) sodium bicarbonate (baking soda), sodium hexametaphosphate (Calgon), amorphous/glassy sodium metaphosphate, sodium sesquicarbonate and borax.
SYNTHETIC MARIJUANA/ SYNTHETIC CANNABANOIDS/HERBAL SMOKING PRODUCT.
(a) A natural or human-made substance that elicits psychoactive or psychotropic euphoric effects or a natural or human-made compound that functions similar to the active ingredient in marijuana (tetrachydrocannabinol “THC”) including, but not limited to, any quantity of a synthetic material, mixture, preparation, substance and their analogs (including isomers, esters, ethers, salts and salts of isomers) containing a cannabinoid receptor agonist, regardless of whether the substance is marketed for the purpose of being consumed, including any of the following:
1. 2(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cycloliexyl ring to any extent;
2. 3-(l-naphthoyl) indole or 3-(l-naphthylmethane) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent;
3. 3-(l-naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent;
4. l-(l-naphthylmethylene) indene by substitution of the 3-positon of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent;
5. 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substitution on the phenyl ring to any extent;
6. 5-(l, l-dimethylheptyl)-2-[lR, 3S)-3-hydroxycyclohexyl]-phenol (CP-47, 497);
7. 5-(l, 1 dimethyloctyl)-2-[lR, #S)-3-hydroxycycloheyl] phenol (cannabicyclohexanol or CP-47, 497 C8-homolog);
8. l-pentyl-3-(l-naphthoyl)indole (JWH-018 and AM678);
9. l-pentyl-3-(l-naphthoyl)indole (JWH-073);
10. 1-hexyl-3-(l-naphthoyl)indole (JWH-019);
11. l-[2-(4-morpholinyl)ethyl]-3-(l-naphthoyl)indole(JWH-200);
12. l-pentyl-3-(2-methoxyphenylacetyl)indole(JWH250);
13. l-pentyl-3-[l-(4-methyl-lnaphthoyl)indole(JWH-081);
14. l-pentyl-3-(4-methyl-l-naphthoyl)indole(JWH-122);
15. l-pentyl-3-(4-chloro-i-naphthoyl)indole(JWH398);
16. l-(5-flouropentyl)-3-(l-naphthoyl)indole(AM2201);
17. l-(5-fluoropenty le)-3(2-iodobenzoyl)indole(AM694);
18. l-pentyl-3-[(4-methoyxy)-benzoyl]indole(SR-19 and RCS-4);
19. l-cycloliexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8); and
20. l-pentyl-3-(2-chlorophenylacetyl)indole(JWH-203)
(b) HERBAL SMOKING PRODUCTS, despite their labeling, are commonly identified by being sold in small packets containing natural or human-made substances, packaged under various retail names, identified as herbal potpourri, herbal sachet, herbal aromatherapy and the like, sold without a listing of ingredients, and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this section, such products are unlawful.
(c) SYNTHETIC MARIJUANA/SYNTHETIC CANNABINOIDS/HERBAL SMOKING PRODUCTS are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item” or similar disclaimer. Refer to division (E) below for a listing of commercial names commonly used to advertise and portray these substances.
(d) SYNTHETIC MARIJUANA/SYNTHETIC CANNABANOIDS/HERBAL SMOKING PRODUCT shall exclude typical, standard incense and potpourri that is sold as incense sticks, oils or cones that is commonly used for aromatic qualities and do not contain any synthetic chemical compounds, do not provide a prohibition against ingestion, and do not elicit psychoactive or psychotropic euphoric effects.
SYNTHETIC/ALTERNATIVE DRUG. Any of the following:
(a) Any substance containing a synthetic cannabinoid, stimulant, psychedelic, depressant or hallucinogenic;
(b) Salvia divinorum or any substance known by this name or any version of this name;
(c) Substances described as herbal blends, botanical blends, botanical sachet, herbal sachet, herbal potpourri, herbal incense, spice, salts or any blend or combination of these, even though the substance is marketed as “not for human consumption” which if ingested causes intoxication, euphoria, giddiness, paralysis, irrational behavior or in any manner changes, distorts or disturbs the auditory, visual or mental process;
(d) Any substance defined in subsequent portions of this section;
(e) Any substance which has a stimulant, depressant, psychedelic, psychotropic or hallucinogenic effect on the body that is substantially similar to or greater than that of any controlled substance or unlawful drug; or
(f) Any substance marked or packaged under any name listed in division (E) below.
SYNTHETIC PSYCHEDELICS/ HALLUCINOGENS.
(a) A substance that mimics the effects of any federally or state controlled substance, including, but not limited to, any natural or human-made substance, compound, mixture, preparation or is laced with a synthetic chemical compound that elicits a psychedelic/hallucinogenic effect including, but not limited to, the following:
1. 2-(2,5-Dimethoxy-4-ethylphenyl) ethanamine(2C-E);
2. 2-(2,5-Dimethoxy-4-methylphenyl) ethanamine(2C-D);
3. 2-(4-Chloror-2,5-dimethoxyphenyl) ethanamine(2C-C);
4. 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine(2C-I);
5. 2-[4-Ethylthio)-2,5-dimethoxyphenyl] ethanamine(2C-T-2);
6. 2-[4-Isopropylthio)-2,5-dimethoxyphenyl] ethanamine(2C-T-4);
7. 2-(2,5-Dimethoxyphenyl) ethanamine(2C-H);
8. 2-(2,5-Dimethoxy-4-nitio-phenyl) ethanamine(2C-N); and
9. 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
(b) SYNTHETIC PSYCHEDELICS/HALLUCINOGENS, despite their labeling, are commonly identified by being sold in small packets, tubs or vials and are often in tablet, capsule and liquid form and packaged under various retail names, sold without a listing of ingredients, and often sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this section, such products are unlawful.
(c) SYNTHETIC PSYCHEDELICS/HALLUCINOGENS are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item” or similar disclaimer. They may also be marked in a consumable pill form under various names. Refer to division (E) below for listing of commercial names commonly used to advertise and portray these substances.
(C) Enforcement and civil penalty. The city deems synthetic and alternative drugs dangerous and detrimental to the citizens, guests and fabric of the community of the city, it bans the sale, possession, transfer and or manufacturing of synthetic drugs or alternative drugs.
(1) Individuals involved in the sale, transfer or manufacturing. A civil penalty of each offense will be $500 for the first violation; $1,000 second violation and any violations thereafter shall be charged as a misdemeanor, with up to 90 days in jail, and subject to the sanctions of the District Court.
(2) Individuals that are in possession. A civil penalty of each possession offense will be $100 for the first offense; $300 for the second offense; $500 for the third offense; $800 for the fourth; and every offense thereafter shall be $1,000.
(D) Severability. If any clause, sentence, paragraph, division or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, the order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, division or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which the order or judgment shall be rendered.
(E) Unlawful and synthetic drugs. Substances described in this section and distributed under the commercial/retail names contained in this division (E) shall be deemed to be unlawful and synthetic drugs, especially if they are packaged in a manner that indicates the product is “not for human consumption” or if it fails to disclose the products ingredients. Products commercially sold under similar or like names, which have common, proven and lawful uses and which list their ingredients and directions for use, shall not be deemed unlawful under this section.
(1) 8-BALL,251,2c-l;
(2) AFGAN BLACK, AM-HI-CO (ALL TYPES), APHRODISIA, ATOMIC BOMB, AZTEC GOLD, AZTEC MIGHNIGHT WIND TEZCATLIPOC;
(3) BACK DRAFT, BAD 2 THE BONE, BANANA CREAM NUKE, BATH SALT, BAYOU BLASTER, BIGDADDY, BLACK DIAMOND, BLACK MAGIC SALVIA, BLACK MAMBA, BLISS (ALL TYPES), BLIZZARD, BLUE SILK, BLUEBERRY HAYZE, BLUEBERRY HAZE, BOMBAY BLUE, BONZAI, BROMO-DRANGONFLY, BUZZ;
(4) C3, C4, C4 HERBAL INCENSE, CANEFF, CHARGE PLUS, CHERRY BOMB, CHILLX, CHRONIC SPICE, CILL OUT, CITRUS, CLOUD 9, COLORADO CHRONIC;
(5) DA BLOCK, DARK NIGHT ii, DEMOND, DEVIL EYE, DEX, DIAMOND SPIRIT, DOVES, DRAGON SPICE, D-RAIL, DREAM, DYNATMITE N-R-G;
(6) EARTHQUAKE, ERUPTION SPICE, EUPHORIA, EXOTIC ULTRA, EXSES, EX-SES PLATINNUM (ALL TYPES), EX-SES GOLD PLUS, EXTREME SPICE;
(7) FAKE WEEK, FERTILIZER, FIRE BIRD ULTIMATE STRENGTH CINNAMON, FOREST HUMUS, FREEDOM, FULLY LOADED, FUNKY MONKEY XXXX;
(8) G FOUR, G GREENIES CARAMEL CRUNCH, GENIE (ALL TYPES), GLASS CLEANER, GEM, GOLD SPIRIT SPICE, GREEN MONKEY CHRONIC SALVIA, GREENIES STRAWBERRY, GROW;
(9) HEAD RUSH ULTRA, HEAVEN IMPROVED, HEAVENSCENT SUAVE, HERBAL ECSTASY, HIOCTANE, HUMBOLDT GOLD, HURRICANE, HUSH, HYPER X ULTRA;
(10) ICE BUD, IVORY (ALL TYPES);
(11) JAMAICAN GOLD, JOKER;
(12) K ROYAL, Kl (ALL TYPES), K2 (ALL TYPES), K3 (ALL TYPES), K4 (ALL TYPES), KIND SPICE, SW ORISHA MAX, KRUSH;
(13) LEGAL EAGLE (ALL TYPES), LEGAL;
(14) MAGIC DRAGO PLATINUM, MAGIC GOLD, MAGIC SILVER, MAGIC SPICE, MAYA BLUE, MEGA BOMB, MELLOMAN, MELLOW MADNESS 1 A, METHOXETAMINE, MID-ATLANTIC EXEMPLAR (ALL TYPES), MIDNIGHT CHILL, MIND BLISS, MNGB ALMOND/VANILA, MNGB (ALL TYPES), MOE JOE FIRE, MOJO (ALL TYPES), MR. SMILEY’S, MTN-787, MYSTERY;
(15) NATURAL ECSTASY, NATURAL LSD, NAUGHTY NIGHTS, NEUTRONTUM, NEW IMPROVED K3 (ALL TYPES), NEW K3 (ALL TYPES) NEW-KRON BOMB, NITRO, NUMBER ONE CHOICE (ALL TYPES);
(16) OCEAN BLUE, OCEAN BURST (ALL TYPES);
(17) P.E.P. POTPOURRI (ALL TYPES), PARADISE, PINK LOTUS, PINK TIGER, PIXIE DUST, PLANT FOOD, POSH, POTPOURRI (ALL TYPES) POW, PULSE, PUMP IT POWDER, PURE IVORY, PURPLE WAVE;
(18) QUICK SILVER;
(19) RADIOACTIVE, RASTA CITRUS SPICE, REBEL SPICE, RECHARGE (ALL TYPES);
(20) SENCE, SERENITY (ALL TYPES), SEX INTENSE, SETACY (ALL TYPES), SHAMANTRANCE, SHANTI SPICE (ALL TYPES), SILENT BLACK, SKINK, SMOKE, SMOKE PLUS, SNOW LEOPARD, SOLAR STAR GOLD SPACE (ALL TYPES), SPACETRIPS, SPEED FREAK, SPICE (ALL TYPES), SPICERY (ALL TYPES), SPICEY XXX (ALL TYPES), SPICYLICIOUS, SPICE 99 (ALL TYPES), SPIKE 99 (ALL TYPES), SPIKE (ALL TYPES), STARDUST, STARRY NIGHT, STINGER, SUMMER SKYY, SUPER KUSH, SUPER SUMMIT, SWAGGER GRAPE, SYN (ALL TYPES);
(21) TEXAS GOLD, TIME WARP, TNT, TRIBAL WARRIOR (ALL TYPES), TRANQUILITY;
(22) ULTRA CLOUD 10, UNKNOWN CIGARETTE, UTOPIA (ALL TYPES);
(23) V8, VANILLA SKY, VOO DOO (ALL TYPES);
(24) WHITE (ALL TYPES), WHO DAT (ALL TYPES), WICKED X, WILD OPIUM, WINDER BOOST, WINDOW CLEANER, WOOD STOCK;
(25) XTC, X-TRACY ULTRA;
(26) YOCANTAN FIRE, YUCANTAN FIRE;
(27) ZOMBIE WORLD, ZOOM Z. BLACK DIAMOND;
(28) TRIPLE XXX PLURBOM;
(29) WTF;
(30) ZERO GRAVITY;
(31) HAVE YOU SEEN MOLLY; and
(32) BIZZARRO.