§ 24-74. Definitions.

In this article, the following terms shall have the following meanings:

Illegal smoking product. Any substance, whether described as tobacco, herbs, incense, spice, or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following chemicals:

(1)

Salvinorin A: Contained within the Salvia Divinorum plant, whether growing or not; or possessed as an extract, compound, manufacture, derivative, mixture, or preparation of such plant;

(2)

2-[(1R, 3S)-3-hydroxycyclohexyl}-5-(2-methylocatan-2-yl) phenol (also known as CP 47, 497) and homologues;

(3)

1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);

(4)

1-butyl-3-(1-naphthoyl) indole (also known as JWH-073); or

(5)

1-pentyl-3-(4-methoxynaphtholy) indole (also known as JWH-081).

Ingestion device. Equipment, product, or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including:

(1)

A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;

(2)

A water pipe;

(3)

A carburetion tube or device;

(4)

A smoking or carburetion mask;

(5)

A chamber pipe;

(6)

A carburetor pipe;

(7)

An electric pipe;

(8)

An air-driven pipe;

(9)

A chillum;

(10)

A bong; or

(11)

An ice pipe or chiller.

Intent, intentionally, knowingly, or recklessly. These terms in this article have the definitions prescribed by Section 6.03 of the Texas Penal Code and proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.

Person. An individual, corporation, partnership, wholesaler, retailer, or any licensed or unlicensed business.

(Ord. No. 2010-9204, § 2, 9-9-10)