§ 10-67. Sale or display of herbal incense and bath salts.

(a)

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 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 has the same or similar adverse affects as 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.

(b)

Sale, display, or distribution prohibited. It is unlawful for any person or entity to knowingly sell, offer for sale, display or distribute herbal incense or bath salts within the city.

(c)

Enforcement. This section shall be enforced as a code violation pursuant to Chapter 2 (Administration), Article VII (Code Enforcement).

(Ord. No. 12-18, § 1, 11-13-12)