(A) Findings. The city prohibits the use, purchase, possession, sale and offering for sale the synthetic cannabinoid known or sold under such names as "Spice", "Spice Diamond", "Spice Gold", "Pep Spice, "Yucatan Fire", "Solar Flare", "Fire n' Ice", "Genie", "Dascents", "Zohai", "Sage", "Salvia Divinorum", "K-2", "K-2 Summet", and "KO Knock Out -2".
(B) Purpose. The purpose of this section is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products and ingestion devices hereinafter defined within the city limits.
(C) Definitions.
(1) ILLEGAL SMOKING PRODUCT. Any substance, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following chemicals:
(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) 2-[(1R, 3S)-3-hydroxycyclohexyl]- 5-(2-methylocatan) phenol (also known as CP47,497) and homologues;
(c) (6aS, 10aS)-9-(hydroxmethyl)-6, 6-dimethyl-3-(2methylocatan-2-yl)-6a, 7, 10, 10atetrahydrobenzo [3] chorman-1-ol) (also known as HU-211 or Dexanbinol;
(d) 1-Pentyl-3-(1-naphythoyl) indole (also known as JWH-018); or
(e) Butyl-3-(naphthyoyl) indole (also known as JWH-073).
(2) INGESTION DEVICE. Equipment, a product or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including:
(a) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
(b) A water pipe;
(c) A carburetion tube or device;
(d) A smoking or carburetion mask;
(e) A chamber pipe;
(f) A carburetor pipe;
(g) An electric pipe;
(h) An air driven pipe;
(i) a chillum;
(j) A bong; or
(k) An ice pipe or chiller.
(3) PERSON. An individual, corporation, partnership, wholesaler, retailer or a licensed or unlicensed business.
(D) Sell, offer, gift, display or possession. It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product.
(E) Use or possession of ingestion devices. It shall be unlawful for any person to use or possess with intent to use an ingestion device to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product.
(F) Affirmative defense. It shall be an affirmative defense to prosecution of an offense under this section that any act described in this section is under and pursuant to the direction or prescription of a license physician or dentist authorized to direct or prescribe such act.
(G) Penalty. Any person violating the provisions of this section shall, upon conviction, be punished by a fine not to exceed $500.
(Ord. 1009, passed 8-10-10)