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<br />psychoactive herbal incense and psychoactive bath salts in the City would result in undesirable
<br />impacts to the community. Among these impacts are: increased potential for the sale of these
<br />controlled substances to minors and adults for their use, increased dependency on these controlled
<br />substances, increased harm to the users of these controlled substances, and increased risk of
<br />injury to persons or property by users of these controlled substances.
<br />9.23.020 Definitions.
<br />The following words, terms and phrases, when used in this division, shall have the
<br />meanings ascribed to them in this section, except where the context clearly indicates a different
<br />meaning:
<br />Business shall have the same meaning as the tern is defined in section 5.02.020 of this Municipal
<br />Code.
<br />Consume, consuming or consumption shall mean to ingest, inhale, inject, smoke or snort
<br />(insufflate).
<br />Distribute, distributing, or distribution shall mean to furnish, give away, exchange, transfer,
<br />deliver or supply, whether for monetary gain or not.
<br />Person shall include any natural person, business, firm, company, corporation, public corporation,
<br />club, trust, partnership, association or similar organization.
<br />Possess, possessing or possession shall mean to have for consumption, distribution or sale in
<br />one's actual or constructive custody or control, or under one's authority or power, whether such
<br />custody, control, authority or power be exercised solely or jointly with others.
<br />Provide, providing or provision shall mean offering to distribute or sell a product or substance to
<br />any person.
<br />Psychoactive bath salts shall mean any crystalline or powder product that contains a synthetic
<br />chemical compound that, when consumed, elicits psychoactive or psychotropic stimulant effects.
<br />The term "psychoactive bath salts" includes without limitation:
<br />(1) Products that elicit psychoactive or psychotropic stimulant effects and contain any of
<br />the following intoxicating chemical compounds:
<br />(A) Salvia Divinorum or Salvinorum A; all parts of the plant presently classified
<br />botanically as Salvia Divinorum, whether growing or not, the seeds thereof, any extract from any
<br />part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of
<br />such plant, its seeds or extracts;
<br />(B) Cathinone (2-amino-l-phenyl-1-propanone), 4- methylmethcathinone (2-
<br />methylamino-1-(4-methylphenyl)propan-1-one), 4-methoxymethcathinone (1-(4-methoxyphyenyl
<br />2-(methylamine)propan-1-one), MDPV (methylenedioxypyrovalerone), MDMA (3, 4-
<br />methylenedioxy-N-methylamphetamine), methylene (3,4-methylenedioxy- N-methylcathinone),
<br />methcathinone (2-(methylamino)-1-phenyl-propan-l- one), flephedrone (4-fluoromethcathinone),
<br />3 -FMC (3- fluoromethcathinone),ethcathinone (2-ethylamino-1-phenyl-propan-l-one),butylone
<br />
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