§ 118.102. Definitions.

For purposes of this section, the following definitions shall apply:

"Bath salts" means any substance containing a synthetic derivative of cathinone or any substance, whether in crystal, powder, liquid, tablet or capsule form, which the person distributing, displaying or offering for sale knows or reasonably should know contains any synthetic stimulant, notwithstanding any disclaimer such as "not for human consumption" and regardless of how the substance is displayed, marketed or labeled, including bath salts, potpourri, or other household products. This definition does not include:

(1)

Any pharmaceutical drugs containing synthetic cathinones or other synthetic stimulants approved by the FDA and available with a valid prescription, or

(2)

Traditional bath salts that do not contain synthetic chemical stimulants such as sodium chloride, sea salts, magnesium sulfate (Epsom salts), sodium bicarbonate, and borax.

Product packaging that indicates, suggests or implies that a substance mimics the pharmacological effects of cathinone, methcathinone, amphetamines, cocaine or MDMA creates a presumption that the person displaying or offering the substance for sale knows or should know that the substance contains a synthetic stimulant as defined herein.

"Herbal incense" means aromatic plant material, containing synthetic chemical compounds or to which any synthetic chemical compound has been added that mimic the effects of a controlled substance, that is displayed, sold, or distributed in a loose, leafy, powder or granular form, or in compressed blocks that can be easily crushed to result in a powder or granular form, and can be placed into pipes, cigarette papers or other drug paraphernalia for ingestion by smoking, inhaling or other methods.

(Ord. No. 13-19, § 1, 4-22-13)