9.40.050 Provision, display for sale, sell or distribution, or possession with intent to sell, of substances claimed or represented to be synthetic drugs--Prohibited.
A. It is unlawful for any person to claim or represent that a product that person is providing, displaying for sale, selling or distributing, or possessing with the intent of selling, is a synthetic drug within the city.
B. To determine if a person is claiming or representing that a product is a synthetic drug, an enforcing official or officer may consider any of the following evidentiary factors:
1. The product is not suitable for its marketed use (such as a crystalline or powder product being marketed as "glass cleaner");
2. The business providing, displaying for sale, distributing or selling the product does not typically provide, distribute or sell products that are used for that product’s marketed use (such as a liquor store selling "plant food");
3. The product contains a warning label that is not typically present on products that are used for that product’s marketed use (such as "not for human consumption," "not for purchase by minors," or "does not contain chemicals banned by Health and Safety Code Section 11357.5");
4. The product is significantly more expensive than products that are used for that product’s marketed use (such as half of a gram of a substance marketed as "glass cleaner" costing fifty dollars);
5. The product resembles an illicit street drug (such as cocaine, methamphetamine or marijuana); or
6. The product’s name or packaging uses images or slang referencing an illicit street drug (such as "Eight Ballz" or "Green Buddha").
C. Including a disclaimer in any form or in any location that a synthetic drug is "not safe for human consumption," or any similar disclaimer, will not avoid the application of this section. (Ord. 667 §1 (Exh. A), 2016).