9.09.020 Definitions.
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” shall have the same meaning as the term is defined in Section 5.01.103.
“Consume,” “consuming” or “consumption” shall mean to ingest, inhale, inject, smoke or snort (insufflate).
“Distribute,” “distributing” or “distribution” shall mean to furnish, give away, exchange, transfer, deliver or supply, whether for monetary gain or not.
“Person” shall include any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association or similar organization.
“Possess,” “possessing” or “possession” shall mean 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” shall mean offering to distribute or sell a product or substance to any person.
“Psychoactive bath salts” shall mean 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. 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. Cathinone (2-amino-1-phenyl-1-propanone), 4- methylmethcathinone (2-methylamino-1-(4-methylphenyl)propan-1-one), 4-methoxymethcathinone (1-(4-methoxyphenyl)-2-(methylamine)propan-1-one), MDPV (methylenedioxypyrovalerone), MDMA (3, 4- methylenedioxy-N-methylamphetamine), methylene (3,4-methylenedioxy- N-methylcathinone), methcathinone (2-(methylamino)-1-phenyl-propan-1- one), flephedrone (4-fluoromethcathinone), 3-FMC (3- fluoromethcathinone), ethcathinone (2-ethylamino-1-phenyl-propan-1-one), butylone (β-keto-N-methylbenzodioxolylbutamine), a-PPP (a- pyrrolidinopropiophenon), MPPP (4-methyl-a-pyrrolidinopropiophenone), MDPPP (3',4'-methylenedioxy-a-pyrrolidinopriopiophenone), a-PVP (1- phenyl-2-(1-pyrrolidinyl)-1-pentanone) or naphyrone (1-naphthalen-2-yl-2- pyrrolidin-1-ylpentan-1-one), 6-APDB (6(2aminopropyl)2,3 dihydrobenzo-furan), and analogs of MDA (3,4-methylenedioxymethamphetamine);
c. Any derivative of the above listed intoxicating chemical compounds;
d. Any synthetic substance and its isomers with a chemical structure similar to the above listed compounds;
e. Any chemical alteration of the above listed intoxicating chemical compounds; or
f. 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.
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”) (Health and Safety Code Section 11000 et seq.), listed in one of the UCSA’s schedules of controlled substances (Health and Safety Code Sections 11053 through 11058), regulated by one of the UCSA’s Synthetic Drug Laws (Health and Safety Code Sections 11357.5, 11375.5 and 11401), regulated by the Federal Controlled Substances Act (the “CSA”) (21 USC Section 801 et seq.) or approved by the Food and Drug Administration (“FDA”).
“Psychoactive herbal incense” shall mean 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 or 1.1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol) ((6aR,10aR)-9- (Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol), CP 47, 497 (2-[(1R,3S)-3- hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) and the dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP 47,497 (2-[1R,3S)-3- hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) or AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(napthalen-1-yl)methanone), 1-Pentyl-3 (2- methoxyphenylacetyl)indole (also known as JWH-250), 1-Hexyl-3-(1- naphthoyl)indole (also known as JWH-019), 1-Pentyl-3-(4-chloro-1- naphthoyl)indole (also known as JWH-398), N-benzylpiperazine (also known as BZP), 1-(3-trifluoromethylphenyl)piperazine (also known as TFMPP);
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;
e. Any other substantially similar chemical structure or compound; or
f. Any other synthetic cannabinoid.
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, Serenity, and Fake Weed.
The term “psychoactive herbal incense” shall not include any product, substance, material, compound, mixture, or preparation that is specifically excepted by the UCSA (Health and Safety Code Section 11000 et seq.), listed in one of the UCSA’s schedules of controlled substances (Health and Safety Code Sections 11053 through 11058) regulated by one of the USCA’s Synthetic Drug Laws (Health and Safety Code Sections 11357.5, 11375.5 and 11401), regulated by the CSA (21 USC Section 801 et seq.) or approved by the FDA.
“Psychoactive” or “psychotropic stimulant effects” shall mean 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.
“Psychoactive” or “psychotropic euphoric effects” shall mean 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.
“Sell,” “selling” or “sale” shall mean to furnish, exchange, transfer, deliver or supply for monetary gain.
“Synthetic drug” shall include psychoactive bath salts and psychoactive herbal incense, as those terms are defined hereinabove. (Ord. 1622 § 2 (part), 2015)