§ 22-3. Illegal smoking products and related paraphernalia.

(a)

Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.

Illegal smoking paraphernalia means any equipment, device, or utensil that is used or intended to be used in ingesting, inhaling, or otherwise introducing into the human body an illegal smoking product, which paraphernalia includes but is not limited to:

(1)

A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;

(2)

A water pipe;

(3)

A carburetion tube or device;

(4)

A smoking or carburetion mask;

(5)

A chamber pipe;

(6)

A carburetor pipe;

(7)

An electric pipe;

(8)

An air-driven pipe;

(9)

A chillum;

(10)

A bong; or

(11)

An ice pipe or chiller.

Illegal smoking product means any substance, however labeled and regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following chemicals:

(1)

Salvia divinorum , including:

a.

All parts of the plant, whether growing or not;

b.

The seeds of the plant;

c.

Any extract from any part of the plant; and

d.

Any compound, salt, derivative, mixture, or preparation of the plant, its seeds, or its extracts, including Salvinorin A;

(2)

2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as CP47, 497) and homologues;

(3)

[96aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-o1] (also known as HU-211 or Dexanabinol);

(4)

1-pentyl-3-(1-napthoyl)indole (also known as JWH-018);

(5)

1-butyl-3-(1-napthoyl)indole (also known as JWH-073); or

(6)

1-pentyl-3-(4-methoxynaphtholy)indole (also known as JWH-081).

(b)

Prohibition. A person commits an offense if, in the city, he:

(1)

Possesses, buys, sells, offers for sale, delivers, or transfers any illegal smoking product;

(2)

Causes any illegal smoking product to be sold, delivered, or transferred to another person;

(3)

Uses, inhales, ingests, or otherwise introduces into his body any illegal smoking product; or

(4)

Uses or possesses with the intent to use any illegal smoking paraphernalia to inhale, ingest, or otherwise introduce into his body any illegal smoking product.

(c)

Defense to prosecution. It is a defense to prosecution under this section that an illegal smoking product or illegal smoking paraphernalia was:

(1)

In the possession of a peace officer, or a person acting under the authority of a peace officer, acting in the performance of his official duties;

(2)

In the possession of or being used by a governmental entity for a health, research, education, or similar program;

(3)

In the possession of or being used by a medical, educational or research institute operating in compliance with all applicable city ordinances and state and federal laws;

(4)

Possessed or used by a person under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances in the state; or

(5)

Possessed or used by a person as part of a bona fide religious ritual or ceremony.

(d)

Penalty for violation. A person violating provisions of this section shall, upon conviction, be subject to a fine in accordance with the general provisions of this Code.

(Ord. No. 10-30, §§ 1(18-11), 2, 11-1-2010)