§ 7.45.020. Definitions.

(a)

Consume, consuming or consumption shall mean to ingest, inhale, inject, smoke, or snort (insufflate).

(b)

Distribute, distributing, or distribution shall mean to furnish, give away, exchange, transfer, deliver, or supply, whether for monetary gain or not.

(c)

Person shall include any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association, and/or similar organization.

(d)

Possess, possessing, or possession shall mean to have for consumption, distribution, or sale in a person's actual or constructive custody or control, or under a person's authority or power, whether such custody, control, authority, and/or power is exercised solely or jointly with others.

(e)

Provide, providing, or provision shall mean offering to distribute or sell a product or substance to any person.

(f)

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.

Cathinone (2-amino·1·phenyl-1-propanone), 4-methylmethcathinone (2·methylamino-1-(4-methylphenyl)propan-1-one ), 4-methoxymethcathinone ( 1-(4-methoxyphenyl)-2-(methylamino )propan-1 -one), MDP (methylenedioxypyrovalerone), MDMA (3,4-methylenedioxy-N-methylamphetamlne), methylone (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 (- keto-N-methylbenzodioxolylbutanamlne), a-PPP (-pyrrolidinopropiophenone), MPPP (4'- methyl-pyrrolidinopropiophenone), MDPPP (3',4 -methylenedioxy- pyrrolidinopropiophenone), -PVP (1-phenyl-2-(1-pyrrolidinyl)-1-pentanone) or naphyrone (1-naphthalen-2-yl-2-pyrrolidin-1-ylpentan-1-one);

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 compounds;

d.

Any chemical alteration of the above listed intoxicating chemical compounds; or

e.

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, Banzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure lvory, 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 sections 11000 et seq.), listed in one of the UCSA's schedules of controlled substances (Health and Safety Code sections 11053-11058), 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 .S.C. section 81 et seq.) or approved by the Food and Drug Administration ("FDA").

(g)

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 intoxicating chemical compounds:

a.

Cannabicyclohexanol (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-(2-methylnonan-2-yl)phenol), JWH-018 (naphthalen-1- yl-(1-pentylindol-3 yl)methanone), JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl) methanone), JWH-200 ((1- (2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone), HU-210 ((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) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) or AM-2201 ( 1-[(5-fluoropentyl)-1H-indol-3-yl]-( naphthalen-1-yl) methanone);

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; or

e.

Any other substantially similar chemical structure or compound; and

(2)

Products that elicit psychoactive or psychotropic euphoric effects and are marketed under any of the following trade names: K2, K3, Spice, Genie, Smoke, Potpourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Ocean Blue, Stinger, Serenity, Fake Weed, and Black Mamba.

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 11053-11058), regulated by one of the UCSA's Synthetic Drug Laws (Health and Safe Code sections 11357.5,11375.5, and 11401), regulated by the CSA (21 U.S.C. section 81 et seq.), or approved by the FDA.

(h)

Psychoactive or psychotropic stimulant effects shall mean affecting the central nervous system or brain function to change perception, mood, consciousness, cognition, and/or behavior in ways that are similar to the effects of cocaine, methylphenidate, or amphetamines.

(i)

Psychoactive or psychotropic euphoric effects shall mean affecting the central nervous system or brain function to change perception, mood, consciousness, cognition, and/or behavior in ways that are similar to the effects of cannabis.

(j)

Sell, selling, or sale shall mean to furnish, exchange, transfer, deliver, or supply for monetary gain.

(k)

Synthetic drug shall include psychoactive bath salts and psychoactive herbal incense, as those terms are defined hereinabove.

(Ord. No. 3315, § 2, 2-2-16)