(A) Prohibition of the use, possession and/or transfer of prohibited substances in the City of Wake Village, Texas, as follows.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROLLED SUBSTANCE. Has the same meaning ascribed to that term by § 481.002 of the Texas Health and Safety Code, as amended.
CONTROLLED SUBSTANCE ANALOGUE. Has the same meaning ascribed to that term by § 481.002 of the Texas Health and Safety Code, as amended. This phrase shall also include substances with a chemical structure substantially similar to that of a controlled substance contained in the Texas Controlled Substances Schedule or Penalty Groups 1, 1A, 2, 3 & 4 and/or specifically represented, intended or designed to produce or produces an effect substantially similar to or greater than the effect of a controlled substance contained in the Texas Controlled Substances Schedule or Penalty Groups 1, 1A, 2, 3 & 4 and the product has no apparent legitimate use for a consumer. The effects referred to include but are not limited to, intoxication, stupefaction, giddiness, paralysis, irrational behavior or in any manner, changes, distorts or disturbs the auditory, visual or mental process or otherwise impairs the physical or mental functions of the user.
DANGEROUS DRUG. Has the same meaning as that ascribed to that term by § 483.001 of the Texas Health and Safety Code, as amended.
PROHIBITED SUBSTANCE. A controlled substance, controlled substance analogue, dangerous drug, volatile chemical or any combination of those substances.
PERSON. An individual, group of individuals, any type of entity, including but not limited to sole proprietorships, partnerships, corporations or other types of entities.
INGESTION DEVICE. Any equipment, product or material that is used or intended to be used in ingesting, inhaling or otherwise introducing an illegal substance into the human body.
(C) Prohibited activities:
(1) A person commits an offense if he/she actually or attempts to possess, possess, use, transfer, solicits, displays or offers for sale or donation or receives a prohibited substance or anything represented as a prohibited substance as defined herein.
(2) A person commits an offense if, with intent to acquire a prohibited substance, he/she requests, commands or attempts to induce another to sell, donate, or otherwise transfer or deliver a prohibited substance to the person.
(3) It shall be unlawful for any person to use, possess, purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following prohibited substances within the city limits of the City of Wake Village, Texas:
(a) Salvia divinorum or Salvinorum A; all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts;
(b) (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol commonly known as HU-210;
(c) 1 -Pentyl-3-(1 -naphthoyl)indole commonly known as JWH-018 or Spice;
(d) 1-Butyl-3-(1naphthoyl)indole commonly known as JWH-073;
(e) N-benzylpiperazine commonly known as BZP;
(f) 1-(3-[trifluoromethylphenyl]) piperazine commonly known as TFMPP;
(g) Any other synthetic cannabinoid;
(h) JWH-018, JWH-073, JWH-019, JWH-122, AM2201 or a mixture of different cannabinoids;
(i) JWH-200, AM2233, RCS-4 or a mixture of different cannabinoids;
(j) AM-694;
(k) CP;
(l) -47,497;
(m) CP-55,940;
(n) JWH-081;
(o) URB-597;
(p) JWH-250; or
(q) Any similar substance which when inhaled or otherwise ingested produces intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any manner, changes, distorts, or disturbs the auditory, visual, or mental process and the product or substance has no other apparent legitimate purpose for consumers.
(4) It is unlawful for any person, knowingly, to breathe, inhale, drink, or otherwise ingest any compound, liquid or chemical listed within this section, or a similar substance for the purpose of inducing a condition of intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any manner, changing, distorting or disturbing the auditory, visual, or mental process.
(5) It is an offense for any person to use, possess, purchase, solicit, display or offer for sale an ingestion device as is defined herein.
(6) It is no defense to prosecution under this section that:
(a) No monetary or other consideration was tendered or transferred in connection with the transaction;
(b) The person solicited by the intended transferee was unable to deliver the solicited product; or
(c) The substance was not a prohibited substance as defined herein but was represented to be a prohibited substance.
(7) It is an affirmative defense to any prosecution under this section that the solicitation was made:
(a) In furtherance of a transaction that would not constitute a violation of any applicable law; or
(b) By a peace officer, federal law enforcement officer, or other law enforcement agent acting in the lawful discharge of an official duty.
(8) Rebuttable presumption. For the purpose of this section a rebuttable presumption that a substance is, in fact, a prohibited substance is created if the substance causes a reagent designed to detect the presence of one or more prohibited substances to react in such a way as to indicate the presence of a prohibited substance. Reagent must be manufactured or supplied by a company that is recognized and accredited as being a manufacturer or supplier of the reagent used.
(Ord. 2-14, passed 4-14-2014)