Baytown |
Code of Ordinances |
Chapter 66. OFFENSES |
Article III. CONTROLLED SUBSTANCES AND ILLICIT SYNTHETIC DRUGS |
§ 66-56. Definitions.
The following words, terms 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.
Dangerous drug means the same as defined in V.T.C.A., Health and Safety Code § 483.001.
Illicit synthetic drug means:
(1)
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.
(2)
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 V.T.C.A., Health and Safety Code § 481.002.
(3)
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 V.T.C.A., Health and Safety Code § 481.002.
(4)
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:
a.
WIN-55,212-2;
b.
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;
JWH-015;
JWH-016;
JWH-018;
JWH-019;
JWH-020;
JWH-046;
JWH-047;
JWH-048;
JWH-049;
JWH-050;
JWH-073;
JWH-076;
JWH-079;
JWH-080;
JWH-081;
JWH-082;
JWH-083;
JWH-093;
JWH-094;
JWH-095;
JWH-096;
JWH-097;
JWH-098;
JWH-099;
JWH-100;
JWH-116;
JWH-122;
JWH-148;
JWH-149;
JWH-153;
JWH-159;
JWH-164;
JWH-165;
JWH-166;
JWH-180;
JWH-181;
JWH-182;
JWH-189;
JWH-193;
JWH-198;
JWH-200;
JWH-210;
JWH-211;
JWH-212;
JWH-213;
JWH-234;
JWH-235;
JWH-239;
JWH-240;
JWH-241;
JWH-242;
JWH-258;
JWH-259;
JWH-260;
JWH-262;
JWH-267;
JWH-386;
JWH-387;
JWH-394;
JWH-395;
JWH-397;
JWH-398;
JWH-399;
JWH-400;
JWH-412;
JWH-413; and
JWH-414.
c.
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-184;
JWH-185;
JWH-192;
JWH-194;
JWH-195;
JWH-196;
JWH-197; and
JWH-199.
d.
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).
e.
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-145;
JWH-146;
JWH-147;
JWH-150;
JWH-156;
JWH-243;
JWH-244;
JWH-245;
JWH-246;
JWH-292;
JWH-293;
JWH-307;
JWH-308;
JWH-309;
JWH-346;
JWH-347;
JWH-348;
JWH-363;
JWH-364;
JWH-365;
JWH-366;
JWH-367;
JWH-368;
JWH-369;
JWH-370;
JWH-371;
JWH-372;
JWH-373; and
JWH-392.
f.
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-172;
JWH-173; and
JWH-176.
g.
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;
JWH-208;
JWH-237;
JWH-248;
JWH-249;
JWH-250;
JWH-251;
JWH-252;
JWH-253;
JWH-302;
JWH-303;
JWH-305;
JWH-306;
JWH-311;
JWH-312;
JWH-313;
JWH-314;
JWH-315; and
RCS-8.
h.
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;
AM-679;
AM-694;
AM-1241;
Pravadoline (Other name: WIN 48,098); and
RCS-4.
i.
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.
j.
Adamantylindolecarboxamide: any compound structurally derived from N-(adamantan-1-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.
k.
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, 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.
l.
Aminooxobutylindazolecarboxamide: any compound structurally derived from N-(1-amino-3-methyl-1-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.
m.
Tetramethylcyclopropylindole: any compound structurally derived from 3-(2,2,3,3-tetramethylcyclopropyl-
carbonyl)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;
A-796,260;
AB-005;
UR-144;
5-Bromo UR-144;
5-Chloro UR-144; and
5-Fluoro UR-144 (Other name: XLR-11).
n.
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;
o.
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; and
PB-22.
p.
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;
CP-47,497;
JWH-337;
JWH-344;
JWH-345;
JWH-405.
analogues of CP-47,497, including VII, V, VIII, I, II, III, IV, IX, X, XI, XII, XIII, XV, and XVI; and
q.
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.
r.
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;
s.
N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (also known as AB-CHMINACA);
t.
MAM-2201 and metabolites;
u.
N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide (also known as APINACA, AKB48);
v.
Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate, its optical positional, and geometric isomers, salts and salts of isomers (also known as PB-22; QUPIC); and
w.
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (also known as ADB-PINACA);
(5)
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, Sponge 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."
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:
(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.
Prohibited substance means a controlled substance, controlled substance analogue, dangerous drug, 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.
( Ord. No. 12,710 , § 2, 11-17-14)