Ordinance No. 12,710ORDINANCE NO. 12,710
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 66 "OFFENSES," ARTICLE III
"CONTROLLED SUBSTANCES" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO EXPAND THE PROHIBITION OF ILLICIT
SYNTHETIC SUBSTANCES, TO REGULATE THE DISPLAY AND
PACKAGE LABELING OF HERBAL INCENSE; AND TO DECLARE
CERTAIN CONDUCT TO BE UNLAWFUL; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00);
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
WHEREAS, the City Council finds that a wide variety of herbal and plant materials
containing synthetic chemicals are being produced to mimic the intoxicating effects of
marijuana, ecstasy, methamphetamines, and other controlled substances; and
WHEREAS, these designer illicit synthetic drugs ("synthetic cannabinoids", commonly
referred to as "Kush") are often sold in legal retail outlets as household products such as "herbal
incense" and labeled "not for human consumption" to mask their intended purpose and to avoid
the U.S. Food and Drug Administration's regulatory oversight of the manufacturing process; and
WHEREAS, the Drug Enforcement Administration recognizes that synthetic
cannabinoids constitute an immediate hazard to public safety; and
WHEREAS, the U.S. Customs and Border Protection found a number of illicit synthetic
drugs appear to originate overseas and are manufactured in the absence of quality controls and
devoid of governmental regulatory oversight; and
WHEREAS, such substances have been reported to cause serious side effects that
endanger the health and safety of individuals, including severe agitation and anxiety, racing
heartbeat and higher blood pressure, nausea and vomiting, muscle spasms, seizures, and tremors,
intense hallucinations, psychotic episodes, and suicidal thoughts and actions; and
WHEREAS, the University of Michigan Institute for Social Research found that in 2013
these illicit synthetic drugs were the second most widely used illicit drug (after marijuana)
among tenth graders, and the third most used (after marijuana and amphetamines) among twelfth
graders; and
WHEREAS, the packaging and representations made at the point of sale of illicit
synthetic drugs often indicate, suggest, imply, or represent that the product is a substitute for or
mimics the pharmacological effects of marijuana, ecstasy, methamphetamines or other
controlled substances, or controlled substance analogues as defined by section 481.002 of the
Texas Health and Safety Code; and
WHEREAS, businesses that sell illicit synthetic drugs often conceal them from public
display so as to escape the notice of law enforcement personnel; and
WHEREAS, the illicit synthetic drugs are sometimes marketed as a safe and legal
substitute to marijuana; and
WHEREAS, the packaging of the illicit synthetic drugs does not provide accurate
information about the synthetic chemicals in or on the product; and
WHEREAS, despite the best efforts of federal and state legislators to outlaw illicit
synthetic drugs, manufacturers continually reconfigure the banned substances to produce new
synthetic drugs not subject to existing regulations; and
WHEREAS, City Council finds regulation of illicit synthetic drugs is necessary to
complement current state and federal laws and to protect the public health, safety and welfare;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to be
true and such recitals are hereby approved and made a part of this ordinance for all purposes and
are adopted as a part of the judgment and findings by the City Council of the City of Baytown,
Texas.
Section 2: That Chapter 66 "Offenses," Article III "Controlled Substances" of the Code
of Ordinances, Baytown, Texas, is hereby renamed Article III "Controlled Substances and Illicit
Synthetic Drugs" and amended to read as follows:
CHAPTER 66. OFFENSES
ARTICLE III. CONTROLLED SUBSTANCES AND ILLICIT SYNTHETIC DRUGS
See. 66-56. - Definitions.
The following words, ten -ns and phrases, when used in this article, shall have the meanings
set forth in this section, except where the context of their usage clearly indicates a different
meaning:
Controlled substance means the same as defined in V.T.C.A., Health and Safety Code §
481.002.
Controlled substance analogue means the same as defined in V.T.C.A., Health and Safety
Code § 481.002.
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Dangerous drug means the same as defined in V.T.C.A., Health and Safety Code §
483.001.
Illicit synthetic drug means:
(A) Any vegetative material, or herbal or plant material, or liquid or oil, however
constituted, designed, intended, marketed, manufactured, or engineered, that
contains any quantity of a synthetic chemical or synthetic chemical compound
that has no legitimate relation to the advertised use of the product.
(B) Any vegetative material, or herbal or plant material, or liquid or oil, with
packaging or labeling that indicates, suggests, or implies that the substance is a
substitute for or otherwise mimics the pharmacological effects of marihuana
(`marijuana'), a controlled substance, or a controlled substance analogue as
defined by section 481.002 of the Texas Health and Safety Code.
(C) Any vegetative material, or herbal or plant material, or liquid or oil, sold with
verbal or written representations at the point of sale regarding the purpose,
methods, use, or effect of the substance that indicates, suggests, or implies that the
substance mimics the pharmacological effects of marihuana (`marijuana'), a
controlled substance, or a controlled substance analogue as defined by section
481.002 of the Texas Health and Safety Code.
(D) Any substance, material, compound, mixture, or preparation, whether described as
tobacco, herbs, incense, potpourri, spice or any blend thereof, regardless of
whether the substance is marketed for the purpose of being smoked or ingested,
which contains any quantity of a synthetic chemical substance, including its salts,
isomers, and salts of isomers, listed by name in this section or contained within
the following structural classes as defined in this section:
(1) WIN -55,212-2;
(2) Naphthoylindole: any compound structurally derived from 3-(1-
naphthoyl)indole or 3-(2-naphthoyl)indole by substitution at the nitrogen
atom of the indole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl,
haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl,
cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl,
or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole
ring to any extent, whether or not substituted in the naphthyl ring to any
extent, including:
AM -1220;
AM -2201;
JWH-004;
JWH-007;
JWH-009;
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JWH-015;
JWH-016;
JWH-018;
JWH-019;
JWH-020;
JWH-046;
JWH-047;
JWH-048;
JWH-049;
JWH-050;
JWH-073;
JWH-159;
JWH-242;
JWH-076;
JWH-164;
JWH-258;
JWH-079;
JWH-165;
JWH-259;
JWH-080;
JWH-166;
JWH-260;
JWH-081;
JWH-180;
JWH-262;
JWH-082;
JWH-181;
JWH-267;
JWH-083;
JWH-182;
JWH-386;
JWH-093;
JWH-189;
JWH-387;
JWH-094;
JWH-193;
JWH-394;
JWH-095;
JWH-198;
JWH-395;
JWH-096;
JWH-200;
JWH-397;
JWH-097;
JWH-210;
JWH-398;
JWH-098;
JWH-211;
JWH-399;
JWH-099;
JWH-212;
JWH-400;
JWH-100;
JWH-213;
JWH-412;
JWH-116;
JWH-234;
JWH-413;
JWH-122;
JWH-23 5;
and
JWH-148;
JWH-239;
JWH-414;
JWH-149;
JWH-240;
JWH-153;
JWH-241;
(3) Naphthylmethylindole: any compound structurally derived from 1H-
indol-3-yl-(1-naphthyl)methane or 1H-indol-3-yl-(2-naphthyl)methane by
substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl,
benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl,
hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-
yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl,
whether or not further substituted in the indole ring to any extent, whether
or not substituted in the naphthyl ring to any extent, including:
JWH-175; JWH-192; JWH-196;
JWH-184; JWH-194; JWH-197; and
JWH-185; JWH-195; JWH-199;
(4) Naphthylindolecarboxamide: any compound structurally derived from N-
(naphthalen-1-yl)-1H-indole-3-carboxamide or N-(naphthalen-2-yl)-1H-
indole-3-carboxamide by substitution at the nitrogen atom of the indole
ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy,
cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-
methylpiperidin-2-yl)alkyl or 2-(4-morpholinyl)alkyl, whether or not
further substituted in the indole ring to any extent, whether or not
substituted in the naphthyl ring to any extent, including:
MN -24 (Other name: NNEI);
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(5) Naphthoylpyrrole: any compound structurally derived from 3-(1-
naphthoyl) pyrrole or 3-(2-naphthoyl)pyrrole by substitution at the
nitrogen atom of the pyrrole ring by alkyl, haloalkyl, benzyl, halobenzyl,
alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl,
cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl,
or 2-(4-morpholinyl)alkyl, whether or not further substituted in the pyrrole
ring to any extent, whether or not substituted in the naphthyl ring to any
extent, including:
JWH-030;
JWH-292;
JWH-365;
JWH-145;
JWH-293;
JWH-366;
JWH-146;
JWH-307;
JWH-367;
JWH-147;
JWH-308;
JWH-368;
JWH-150;
JWH-309;
JWH-369;
JWH-156;
JWH-346;
JWH-370;
JWH-243;
JWH-347;
JWH-371;
JWH-244;
JWH-348;
JWH-372;
JWH-245;
JWH-363;
JWH-373; and
JWH-246;
JWH-364;
JWH-392;
(6) Naphthylmethylindene: any compound structurally derived from 1-(1-
naphthylmethyl)indene or 1-(2-naphthylmethyl)indene by substitution at
the 3 -position of the indene ring by alkyl, haloalkyl, benzyl, halobenzyl,
alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl,
cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl,
or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indene
ring to any extent, whether or not substituted in the naphthyl ring to any
extent, including:
JWH-171; JWH-173; and
JWH-172; JWH-176;
(7) Phenylacetylindole: any compound structurally derived from 3-
phenylacetylindole by substitution at the nitrogen atom of the indole ring
with alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy,
cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-
methylpiperidin-2-yl)alkyl, 4-tetrahydropyran)alkyl, or 2-(4-
morpholinyl)alkyl, whether or not further substituted in the indole ring to
any extent, whether or not substituted in the phenyl ring to any extent,
including:
JWH-167;
JWH-203;
JWH-204;
JWH-205;
JWH-206;
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JWH-208;
JWH-237;
JWH-248;
JWH-249;
JWH-250;
JWH-251;
JWH-252;
JV./H-253;
JWH-302;
JWH-303;
JWH-305; JWH-312; JWH-315; and
JWH-306; JWH-313; RCS -8;
JWH-311; JWH-314;
(8) Benzoylindole: any compound structurally derived from 3-benzoylindole
by substitution at the nitrogen atom of the indole ring with alkyl,
haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl,
hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-
yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or
not further substituted in the indole ring to any extent, whether or not
substituted in the phenyl ring to any extent, including:
AM -630;
Pravadoline (Other
AM -679;
name: WIN
AM -694;
48,098); and
AM -1241;
RCS -4;
(9) Adamantoylindole: any compound structurally derived from 3-(1-
adamantoyl)indole or 3-(2-adamantoyl)indole by substitution at the
nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl, halobenzyl,
alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl,
cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl,
or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole
ring to any extent, whether or not substituted in the adamantyl ring to any
extent, including:
AB -001; and
AM -1248;
(10) Adamantylindolecarboxamide: any compound structurally derived from
N-(adamantan-l-yl)-1H-indole-3-carboxamide or N-(adamantan-2-yl)-1H-
indole-3-carboxamide by substitution at the nitrogen atom of the indole
ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy,
cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-
methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-
morpholinyl)alkyl, whether or not further substituted in the indole ring
to any extent, whether or not substituted in the adamantyl ring to any
extent, including:
APICA; and
STS -135;
(11) Adamantylindazolecarboxamide: any compound structurally derived from
N-(adamantan-1-yl)-1H-indazole-3-carboxamide or N-(adamantan-2-yl)-
1H-indazole-3-carboxamide by substitution at the 1 -position nitrogen
atom of the indazole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl,
2
haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl,
cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl,
or 2-(4-morpholinyl)alkyl, whether or not further substituted in the
indazole ring to any extent, whether or not substituted in the adamantyl
ring to any extent, including:
5 -Fluoro AKB-48; and
AKB-48;
(12) Aminooxobutylindazolecarboxamide: any compound structurally derived
from N-(1-amino-3-methyl-l-oxobutan-2-yl)-1H-indazole-3-carboxamide
by substitution at the 1 -position nitrogen atom of the indazole ring by
alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy,
cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-
methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-
morpholinyl)alkyl, whether or not further substituted in the indazole ring
to any extent, including:
AB-PINACA; and
AB-FUBINACA;
(13) Tetramethylcyclopropylindole: any compound structurally derived from 3-
(2,2,3,3-tetramethylcyclopropylcarbonyl)indole by substitution at the
nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl, halobenzyl,
alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl,
cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl,
or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole
ring to any extent, whether or not substituted in the
tetramethylcyclopropyl ring to any extent, including:
A-834,735; 5-Bromo UR -144; 5 -Fluoro UR -144
A-796,260; 5 -Chloro UR -144; (Other name: XLR-
AB-005; and 11);
UR -144;
(14) Tetramethylcyclopropane-thiazole carboxamide: any compound
structurally derived from 2,2,3,3-tetramethyl-N-(thiazol-2-
ylidene)cyclopropanecarboxamide by substitution at the nitrogen atom of
the thiazole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl,
haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl,
cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4- tetrahydropyran)alkyl,
or 2-(4-morpholinyl)alkyl, whether or not further substituted in the
thiazole ring to any extent, whether or not substituted in the
tetramethylcyclopropyl ring to any extent, including:
A-836,339;
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(15) Quinolinylindolecarboxylate: any compound structurally derived from
quinolin- 8 -yl indole-3-carboxylate by substitution at the nitrogen atom of
the indole ring with alkyl, haloalkyl, benzyl, halobenzyl, alkenyl,
haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl,
cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl,
or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole
ring to any extent, whether or not substituted in the quinoline ring to any
extent, including:
BB -22; 5 -Fluoro PB -22; PB -22;
and
(16) Cyclohexylphenol: any compound structurally derived from 2- (3-
hydroxycyclohexyl)phenol by substitution at the 5 -position of the phenolic
ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy,
cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-
methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-
morpholinyl)alkyl, whether or not substituted in the cyclohexyl ring to any
extent, including:
CP -55,940; JWH-337; JWH-345;
CP -47,497; JWH-344; JWH-405
analogues of CP -47,497, including VII, V, VIII, 1, 11, III, IV, IX, X, XI,
XII, XIII, XV, and XVI; and
(17) cannabinol derivatives, except where contained in marihuana
(`marijuana'), including tetrahydro derivatives of cannabinol and 3 -alkyl
homologues of cannabinol or of its tetrahydro derivatives, such as:
Nabilone; HU -210; and HU -211;
(18) 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;
(19) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmetllyl)-1H-
indazole-3-carboxamide (also known as AB-CHMINACA);
(20) MAM-2201 and metabolites;
(21) N-(1-adamantyl)-1-pentyl-IH-indazole-3-carboxamide (also known as
APINACA, AK1348);
(22) Quinolin-8-yl 1 -pentyl -1 H-indo le -3 -carboxyl ate, its optical positional, and
geometric isomers, salts and salts of isomers (also known as P13-22;
QUPIQ and
(23) N-(1-amino-3,3-dimethyl-l-oxobutan-2-yl)-1-pentyl-lH-indazole-3-
carboxamide, its optical, positional, and geometric isomers, salts and salts
of isomers (also known as ADB-PINACA);
(E) Any substance, whether described as tobacco, herbs, incense, potpourri, spice or
any blend thereof, regardless of whether the substance is marketed for the
purpose of being smoked or ingested, which is sold in the same retail
establishment or physical location as any ingestion device, sold under the
following product or trade names:
AK -47, Angry Birds, Bart Simpson, Bee, Bizarro (Bizaro), Black
Diamond, Black Lion,Bling Bling Monkey, Bob Marley, Bomb
Marley, Buzz Juice, California Dreams, California Kronik,
Caution, Cheshire Cat, Cloud 9 (Cloud Nine), Club Special, Code
Black, Da Bomb, Dank, Darkness, Daze, Dead Man, Dead Man
Walking, Diablo, Down to Earth Reggie, Down 2 Earth, Dreams,
DZL (D-ZL), Fairly Legal, Fire, Flight Risk, Funky Green Stuff,
Geeked Up, Get Real, Gorilla Dro, Green Giant, Herbal Gold,
Herbal Mayhem, Hookah Blast, Hot Geisha Girl, I -Blown, Insane,
Ironman, Jamaican Gold, Jazz, Joker, Jordan, K2 (K-2), Kick My
Ass (KMA), King Gorilla, King Kong, Klimax, Kratom, Kush,
LOL, Loopy, Mad Hatter, Mad Monkey, Mind Trip, Mojo Max, Mr.
Big Shot, Mr. Happy, Mr. Nice Guy, Mr. Shamrocks, Mr. Sin,
Mummy's Breath, Neutronium, New Joker, Ninja, Northern Lights,
OMG, O.P.M.S. Kratom, Orgazmo,Phantom, Platinum XXX,
Psycho, Pure Evil, Pure Fire, Purple Diesel, Red Dawn, Red Eye
Jack, Scooby Hydro, Scooby Snax, Sexy Monkey, Shaggy's Mix,
Smacked, Smoking Santa, Smoking Santana, Space Cadet, Spike,
Spong Bob, Stoopid, Super Man, Super Nova, Syn, Sync, The
Darkness, The Hookah, The Incredible Hulk, The Ironman,
Twilight, White Tiger, Wolf Pack, WTF, Zero Gravity, 24K
California, 24K Monkey, 361 Degrees, 7H, or 7 Hells, regardless
of any added flavorings.
Herbal incense means aromatic plant material, whether referred to as potpourri or
otherwise, that is distributed in a loose, leafy, powder or granular form or in a compressed block
or blocks that can be crushed to result in a powder or granular form, and can be placed into a
pipe, cigarette paper, or other drug paraphernalia for purposes of ingestion by smoking, inhaling
or other method, regardless of how the substance is labeled or marketed, including, but not
limited to, whether or not such product is labeled `as not for human consumption.'
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Ingestion device means equipment, a product or material that is used or intended for use
in ingesting, inhaling, or otherwise introducing a prohibited substance 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;
(J) A bong; or
(K) An ice pipe or chiller.
Prohibited substance means a controlled substance, controlled substance analogue,
dangerous ding, illicit synthetic drug, volatile chemical or any combination thereof
Volatile chemical means any of the chemicals or an isomer of any of the chemicals listed in
V.T.C.A., Health and Safety Code § 484.002.
See. 66-57. Offenses.
(a) A person commits an offense if, with intent to acquire a prohibited substance, the
person requests, commands or attempts to induce another to sell, donate or otherwise
transfer or deliver a prohibited substance.
(b) A person commits an offense if the person uses, possesses, provides, produces,
manufactures, distributes, purchases, markets or advertises for sale, barters, gives,
publicly displays, sells or offers for sale, or purchases with the intent to provide,
produce, manufacture, distribute, market or advertise for sale, barter, give, publicly
display, sell or offer for sale any prohibited substance.
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(c) A person commits an offense if the person uses or possesses an ingestion device with
the intent to inject, ingest, inhale or otherwise introduce into the human body a
prohibited substance.
(d) A person commits an offense if the person fails to publicly display or label herbal
incense as required in section 66-58.
Sec. 66-58. Public display and labeling of herbal incense.
(a) Herbal incense offered for sale to the public must be publicly displayed at all times
through actual or representative packaging. If representative packages are displayed, one
package of every available product by name and flavor shall be displayed. Both the front
and back of packaging must be viewable by the public.
(b) All herbal incense offered for sale to the public must include a label listing each active
ingredient.
See. 66-59. Penalty.
(a) Any violation of this article shall constitute a misdemeanor punishable, upon
conviction, by a tine as provided in section 1-14. However, any conduct proscribed
under this article which also constitutes an offense under state law shall not be
prosecuted under this article, but shall be prosecuted pursuant to and punishable as
provided by the applicable state law. An offense under this article is not a lesser
included offense under V.T.C.A., Health and Safety Code §§ 481.001 et seq., 483.001
et seq. or 484.001 et seq.
(b) In setting the amount of the penalty for violation of this article, the city council
affinnatively finds that this article governs conduct involving trafficking in illegal and
dangerous chemical substances that poses a serious threat to the public health and that
it is therefore appropriate to proscribe the maximum fine as provided in section 1-14
for a violation of this article pursuant to the authority granted by V.T.C.A., Local
Government Code § 54.001.
(c) Each separate package, container, or other separate unit containing a prohibited substance
shall constitute a separate and distinct offense. Each separate package, container, or other
separate unit of an improperly displayed or labeled herbal incense shall constitute a
separate and distinct offense.
(d) Prosecution or conviction under this article is cumulative of and shall never be a bar to
any other civil or administrative remedy provided or allowed by law.
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Sec. 66-60. Seizure.
Any product or substance possessed, provided, sold, bartered, produced, manufactured,
distributed, or offered, displayed, marketed or advertised for sale or purchased with the intent to
provide, sell, barter, produce, manufacture, or distribute, or to offer, display, market or advertise
for sale, in violation of any provision of section 66-57, may be seized by any peace officer. Such
product or substance may be destroyed as authorized by state law after its use for evidentiary
purposes is no longer required.
Sec. 66-61. - Prosecution procedures and defenses.
(a) Required. A person may not be convicted under subsection 66-57(a) on the
uncorroborated testimony of the person allegedly solicited, unless the solicitation is
made under circumstances strongly corroborative of both the solicitation itself and the
actor's intent that the other person act on the solicitation.
(b) No defense. It is no defense to prosecution under this article that:
(1) No monetary or other consideration was tendered to the person solicited; or
(2) The person solicited was unable or unwilling to transfer or deliver a prohibited
substance.
(c) Defenses and Exceptions
(1) It is an affinnative defense to any prosecution under subsection 66-57(a) that:
a. The solicitation is made in furtherance of a transaction that would not
constitute a violation of any applicable law; or
b. The solicitation is made by a peace officer or federal law enforcement
officer in the lawful discharge of his duties or by a law enforcement
agent acting in the lawful discharge of an official duty.
(2) It is an affinnative defense for a person charged with an offense for possession
or use of a prohibited substance that the use or possession was pursuant to the
direction or prescription of a licensed physician or dentist authorized to direct
or prescribe such act.
(3) It is an affirmative defense that the sale or possession of Salvinorin A was in
conjunction with ornamental landscaping and used solely for that purpose.
(4) It is an affirmative defense for a person charged with an offense for possession
or use of an a prohibited substance or ingestion device if the prohibited
substance or ingestion device was in the possession of or being used by a
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governmental entity for a health purpose, research and education, or a similar
program.
(5) It is an exception to prosecution that a violation of this article is expressly
permitted by state or federal law.
Section 3: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 4: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance. 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 5: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 6: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ and PASSED, by the affirmte vote of the City Council of the
City of Baytown this the 17th day of November, 2014.
.DONCARLOS,
APPROVED AS TO FORM:
r �
ACIO RAMIREZ, SR., City mey
RADeanielSynthetic Marijuana Draft Ordinance.docx
R:'.Karen+FilestCity Council`•Ordinances\2014-November 17\Synthetic Marijuana Draft Ordinance Final.docx
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