2010-209s:\legal\our documents\ordinances\10\k-2 ordinance no.doc
ORDINANCE NO. 2010-209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, DENTON
COUNTY, TEXAS, AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES BY
ADDING ARTICLE IV SECTION 14-91, ILLEGAL SMOKING PRODUCTS, TO PROHIBIT
THE USE, PURCHASE, POSSESSION, AND SALE OF SALVIADIVINORUM OR
SALVINORUM OR ANY SYNTHETIC CANNABINOID KNOWN OR SOLD UNDER
SUCH NAMES AS " SPICE," "GENIE," "DASCENTS," "ZOHAI," "K-2," AND "KO
KNOCKOUT 2" AND ANY ANALOGUE OR VARIANT THEREOF BY WHATSOEVER
NAME IT MAY BE CALLED FOR PUBLIC HEALTH PURPOSES; PROVIDING A
REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED FIVE
HUNDRED DOLLARS ($500.00); AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas, has determined that certain
businesses within the City may be selling certain substances that when ingested produce
intoxicating effects similar to THC or marijuana; and
WHEREAS, the substances identified above are considered to be generally described as
synthetic cannabinoids or salva divinorum distributed, sold and marketed under such names as
"K-2," "K-2 SUMMET," "K-2 SEX," "GENIE," "DASCENTS," "ZOHAI," "SAGE,"
"SPICE," "KO KNOCK-OUT 2," "SPICE GOLD," "SPICE DIAMOND," " YUCATAN FIRE,"
"SOLAR FLARE," "PEP SPICE," "FIRE N' ICE," AND " SALVIA DIVINORUM" and the
same synthetic cannabinoid and any analogue or variant thereof by whatsoever name it may be
called or any substance similar in nature and sold with the intent to induce intoxication in the
body; and
WHEREAS, the substances described above are not yet categorized as illegal controlled
substances under state or federal law; and
WHEREAS, the substances described above may be marketed as incense but are
commonly being used as an alternative to marijuana which is identified and documented
controlled substance, the sale and use of which is prohibited under the laws of the State of Texas
and the United States; and
WHEREAS, the synthetic cannabinoids substances identified above may be presented
under a variety of street names but share common ingredients including JWH-018 and JWH-073;
and
WHEREAS, salvia divinorum contains the ingredient known as Salvinorin A; and
WHEREAS, these unregulated synthetic cannabinoids and salvia divinorum produce a
very potent intoxicating effect which is estimated by the medical community to produce effects
ranging from three to one hundred times greater and more potent than THC, the active ingredient
in marijuana; and
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WHEREAS, the substance identified manifest all of the demonstrated attributes of
substances that deprive individuals of judgment, coordination and the ability to conduct
themselves in a safe and appropriate manner in modern society; and
WHEREAS, the available medical and law enforcement information on these products
indicates that individuals under the effects of these substances may be a clear and present danger
to themselves and others; further the long term effects of these substances are not known; and
WHEREAS, it is anticipated that the Texas Legislature will consider appropriate
regulation of these type of commodities in its upcoming legislative session but that it is essential
for the municipality to impose some type of reasonable restriction on these products until a state
wide regulatory system may be properly implemented; and
WHEREAS, it has been determined that the effects of these substances are a health
concern to the citizens of the City of Denton; and
WHEREAS, the City Council of the City of Denton, Texas, has determined that it is in
the best interest of the public health, safety and welfare to immediately address the health
concerns to the citizens of the City of Denton by adopting a local ordinance prohibiting the
substances identified above; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 14 of the Code of Ordinances of the City of Denton, Texas is
hereby amended by adding Article IV, Section 14-91. Illegal Smoking Products to read as
follows:
ARTICLE IV. ILLEGAL SMOKING PRODUCTS
See 14-91. Purpose.
The purpose of this article is to prohibit the use, possession, sale, ingestion or smoking of
illegal smoking products and ingestion devices hereinafter defined within the city limits of the
City of Denton.
See 14-92. Definitions.
"Persons" shall mean an individual, corporation, partnership, wholesaler, retailer or any
licensed or unlicensed business.
"Illegal Smoking Product" shall mean 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:
(a) Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as
salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of
such plant, and every compound, manufacture, salts derivative, mixture or preparation of
such plant, its seeds or extracts, or any synthetic cannabinoid commonly known or sold
under such names as "Spice", "Spice Diamond", "Spice Gold", "Pep Spice", "Yucatan
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Fire", "Solar Flare", "Fire N' Ice", "Genie", "Dascents", "Zohai", "Sage", "Salvia
Divinorum", "K-2 Summet" and "KO Knock-Out 2" and the same synthetic
cannabinoid and any analogue or variant thereof by whatsoever name it may be called or
any substance similar in nature and sold for the purpose of inducing intoxication in the
human body.
(b) 2-[(1R, 3S)-3-hydroxycyclohexyll 1-5-(2-methylocatan-2-yl) phenol ( also known as
CP47, 497) and homologues
(c) (6aS, 10aS)-9-(hydroxmethy1)-6, 6-dimethyl-3-(2-methloctan-2-yl)-6a, 7, 10, l0a-
tetrahydrobenzo [c] chormen-l-o1) (also known as HU-211 or Dexanabinol);
(d) 1-Pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
(e) Buty 1 -3 -(1 -naphthoy 1) indole (also known as JWH-073); or.
"Ingestion Device" shall mean equipment, a 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:
(a) a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen,
permanent screen, hashish head, or punctured metal bowl;
(b) a water pipe;
(c) a carburetion tube or device;
(d) a smoking or carburetion mask;
(e) a chamber pipe;
(f) a carburetor pipe;
(g) an electric pipe;
(h) an air-driven pipe;
(i) a chillum;
0) a bong; or
(k) an ice pipe or chiller.
Sec. 14-93. Sell, Offer, Gift, Display or Possession.
It shall be unlawful for any person to use, possess, purchase, barter, give, publicly
display, sell or offer for sale any illegal smoking product.
Sec. 14-94. Use of Possession of Ingestion Devices.
It shall be unlawful for any person to use or possess with intent to use an ingestion device
to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product.
Sec. 14-95. Defense.
It shall be a defense to a violation of this article that any act described in this article is
under and pursuant to the direction or prescription of a licensed physician or dentist authorized to
direct or prescribe such act.
SECTION 2. All ordinances of the City of Denton in conflict with the provisions of this
ordinance shall be, and the same are hereby, repealed; provided, however, that all other
provisions of said ordinances not in conflict herewith shall remain in full force and effect.
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Nothing contained herein shall be construed to conflict with the Texas Controlled Substance Act,
or any other state and/or federal law governing the same.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held
to be void or unconstitutional, the same shall not affect the validity of the remaining portions of
said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force
and effect.
SECTION 4. An offense committed before the effective date of this ordinance is
governed by prior law and provisions of the Code of Ordnances, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 5. Any person, firm or corporation violating any of the provisions or terms of
this ordnance or of the Code of Ordinances as amended hereby, shall be subject to the same
penalty as provided for in the Code of Ordinances of the City of Denton, as previously amended,
and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars
($500.00) for each offense. 1
PASSED AND APPROVED this the ~y / ~dC day of JW&MIck '2010.
MARK A. BURROUgHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
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APP OVED VTO LEGAL FORM:
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ANITA BURGESS, CITY ATTORNEY
BY: