9.40.020 Definitions.
A. "Consume," "consuming" or "consumption" means to ingest, inhale, inject, smoke or snort (insufflate).
B. "Distribute," "distributing" or "distribution" means to furnish, give away, exchange, transfer, deliver or supply, whether or not for monetary gain.
C. "Person" includes any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association or similar organization.
D. "Possess," "possessing" or "possession" means 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.
E. "Provide," "providing" or "provision" means offering to distribute or sell a product or substance to any person, whether or not for monetary gain.
F. "Psychoactive bath salts" means 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-methoxyphyenyl)-2-(methylamino)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 (13-keto-N-methylbenzodioxolylbutanamine), a-PPP (a-pyrrolidinopropiophenone), MPPP (4'-methyl-a-pyrrolidinopropiophenone), MDPPP (3',4'-methylenedioxy-a-pyrrolidinoprio-piophenone), a-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.
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. This list of names is not all inclusive and is intended only as a guide which is contemporaneous with passage of this chapter. It is in no way intended to limit enforcement of these provisions to the trade names listed herein.
3. 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") (California Health and Safety Code Section 11000 et seq.), listed in one of the UCSA’s schedules of controlled substances (California Health and Safety Code Sections 11053 through 11058), regulated by one of the UCSA’s synthetic drug laws (California Health and Safety Code Sections 11357.5, 11375.5, 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").
G. "Psychoactive herbal incense" (aka "spice" or "synthetic marijuana") means 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 ((6aR,1OaR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2- yl)-6a,7,10,1Oa-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]-(nap- thalen-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.
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, Stinger, Ocean Blue, Serenity, Fake Weed, No More Mr. Nice Guy, and Black Mamba. This list of names is not all inclusive and is intended only as a guide which is contemporaneous with passage of this chapter. It is in no way intended to limit enforcement of these provisions to the trade names listed herein.
3. The term "psychoactive herbal incense" shall not include any product, substance, material, compound, mixture, or preparation that is specifically excepted by the UCSA (California Health and Safety Code Section 11000 et seq.), listed in one of the UCSA’s schedules of controlled substances (California Health and Safety Code Sections 11053 through 11058), regulated by one of the UCSA’s synthetic drug laws (California Health and Safety Code Sections 11357.5, 11375.5, 11401), regulated by the CSA (21 USC Section 801 et seq.) or approved by the FDA.
H. "Psychoactive or psychotropic euphoric effects" means 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.
I. "Psychoactive or psychotropic stimulant effects" means 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.
J. "Sell," "selling" or "sale" means to furnish, exchange, transfer, deliver or supply for monetary gain.
K. "Synthetic drug" includes "psychoactive bath salts" and "psychoactive herbal incense," as those terms are defined herein. (Ord. 667 §1 (Exh. A), 2016).