§ 33-124. Illegal smoking products and related paraphernalia prohibited.

(1)

Definitions. For the purposes of this article:

(a)

Illegal smoking product means any substance, however marketed, which can reasonably be converted for smoking purposes, whether it is presented as incense, tobacco, herbs, spices or any blend thereof if it includes any of the following chemicals or a comparative chemical:

1.

Salvia divinorum or salvinorin 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, including Salvinorin A;

2.

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

3.

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

4.

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

5.

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

6.

1-pentyl-3-(4-methoxynaphthoyl)indole (also known as JWH-081);

7.

1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);

8.

5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexanol;CP-47, 497; or

9.

5-1, 1-dimethyloctyl)-2-[1R,3S-3-hydroxycyclohexyl]-phenol(cannabicyclohexanol; CP-47, 497 C8 homologue).

(b)

Illegal smoking paraphernalia means any device, equipment, or utensil that is primarily used, intended primarily to be used, or by its design can be primarily used, in ingesting or inhaling illegal smoking materials and may include, 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, excluding hookahs used only for smoking legal tobacco products;

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.

(c)

Person means an individual, firm, corporation, partnership, organization, association, wholesaler, retailer, any licensed or unlicensed business, or other legal entity.

(2)

Offense.

(a)

It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, deliver, sell, offer for sale, or transfer any illegal smoking product or illegal smoking paraphernalia.

(b)

It shall be unlawful for any person to cause any illegal smoking product to be sold, delivered or transferred to another person.

(c)

It shall be unlawful for any person to use or possess illegal smoking paraphernalia with the intent to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product.

(d)

The culpable mental state required by Chapter 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation is a strict liability offense.

(Ord. No. 029480, § 1, 5-15-2012)