Chapter 4.115
PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE, AND LIKE PRODUCTS

Sections:

4.115.010    Purpose and intent.

4.115.020    Definitions.

4.115.030    Offenses.

4.115.040    Penalties and enforcement.

4.115.050    Exemption for approval by FDA or California law.

4.115.060    Severability.

4.115.010 Purpose and intent.

It is the purpose and intent of this chapter to address the dangers to the community posed by the production, distribution, and use of psychoactive bath salts, psychoactive herbal incense, and similar products, and to provide the city with reasonable measures to abate the harms created by such conduct. (Ord. 1038 § 1 (Exh. A). Code 1997 § 18-101)

4.115.020 Definitions.

“Distribute,” “distribution,” or “distributing” means to offer for sale, distribute, furnish, gift, transfer, exchange, or give to any person; and all transactions of those natures made by any person whether as principal proprietor, agent, servant, or employee.

“Produce,” “production,” or “producing” means to create, make, manufacture, generate, construct, or develop.

“Psychoactive bath salts” are defined as follows:

A. Any crystalline or powder product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects including, but not limited to, the following substances: methylenedioxymethcathinone, methylone, methyenedioxypyrovalerone, MDPV4, methylmethcathinone, mephedrone-methoxymethcathinone, methedrone-fluoromethcathinone, flephedrone, fluoromethcathinone, FMCnaphthylpyrovalerone, and/or any derivatives, synthetic substances and their isomers with similar chemical structure, or any chemical alteration of these compounds which exhibits the same effects, and any other substantially similar chemical structure or compound.

B. Products commonly marketed under 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. These products may also be marketed under other trade names and contain a common disclaimer that these products are not safe for human consumption.

C. This definition does not include bath salts that do not contain synthetic chemical compounds listed above that elicit psychoactive or psychotropic stimulant effects. Standard bath salts primarily contain magnesium sulfate, Epsom salts, sodium chloride, table salt, sodium bicarbonate, baking soda, sodium hexametaphosphate, Calgon agmlaorpshsouys, sodium metaphosphate, sodium sesquicarbonate and borax.

“Psychoactive herbal incense” is defined as follows:

A. Any organic product consisting of plant material that contains a synthetic chemical compound that elicits psychoactive or psychotropic euphoric effects including, but not limited to, the following: any synthetic cannabinoid compound or any derivatives, synthetic substances and their isomers with similar chemical structure, or any chemical alteration of these compounds which exhibits the same effects, and/or any other substantially similar chemical structure or compound.

B. Products commonly marketed under the following names: K2, K3, Spice, Genie, Smoke, Potpourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Blue, Serenity, Fake Weed. These products may also be marketed under other trade names and contain a common disclaimer that these products are not safe for human consumption.

C. This definition does not include incense that is sold as incense sticks, oils, or cones that are commonly used for their aromatic qualities that do not contain any synthetic chemical compounds listed above that elicit psychoactive or psychotropic euphoric effects. (Ord. 1038 § 1 (Exh. A). Code 1997 § 18-102)

4.115.030 Offenses.

It is unlawful for:

A. Any person to distribute psychoactive bath salts and psychoactive herbal incense within the city.

B. Any person to produce psychoactive bath salts or psychoactive herbal incense within the city.

C. Any person to possess psychoactive bath salts and psychoactive herbal incense within the city.

D. Any person to produce or distribute any product or substance represented as or designed to resemble psychoactive bath salts and psychoactive herbal incense within the city.

E. Any person to allow the production or distribution of psychoactive bath salts and psychoactive herbal incense on property owned, controlled or managed by such person within the city. (Ord. 1038 § 1 (Exh. A). Code 1997 § 18-103)

4.115.040 Penalties and enforcement.

Any person who violates this chapter (SLTCC 4.115.010 to 4.115.060) shall be guilty of a misdemeanor; provided, however, that any such offense may be charged as an infraction in the discretion of the district attorney. The city attorney is authorized to prosecute any other civil or criminal remedies available in law or in equity for violations of this chapter, including, but not limited to, seeking an order or warrant to confiscate psychoactive bath salts or psychoactive herbal incense.

Any person who violates this chapter shall be guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted.

The city may assess an administrative fine and penalty of $1,000 a day for all violations of this chapter. In addition, the city may withhold or refuse to issue a business license to any person or entity found to be in violation of this chapter. (Ord. 1038 § 1 (Exh. A). Code 1997 § 18-104)

4.115.050 Exemption for approval by FDA or California law.

This chapter shall not apply to drugs or substances lawfully prescribed or to intoxicating chemical compounds which have been approved by the federal Food and Drug Administration or which are specifically permitted by California law. (Ord. 1038 § 1 (Exh. A). Code 1997 § 18-105)

4.115.060 Severability.

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof, other than the section so declared to be unconstitutional or invalid. (Ord. 1038 § 1 (Exh. A). Code 1997 § 18-106)