2011-004 ORD AMENDING CHAPTER 21 BY ADDING A NEW ARTICLE VII, ILLEGAL SMOKING PRODUCTS PROHIBITING USE PURCHASE, POSSESSION, AND SALEORDINANCE NO. 2011-004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CHAPTER 21 BY ADDING A NEW ARTICLE VII, ILLEGAL
SMOKING PRODUCTS, TO PROHIBIT THE USE, PURCHASE, POSSESSION,
AND SALE OF THE SYNTHETIC CANNABINOID KNOWN OR SOLD UNDER
SUCH 1VAMES AS "K-2," "K-2 SUMMET;' "K-2 SEX," "GENIE," "DASCENTS;"
170HAI,)l 'dSAGE,- d'SPICE," -KO KNOCK-OUT 2;' "SPICE GOLD;' "SPICE DIAMOND,"
"Y[TCATAIV FIRE," "SOLAR FLARE," "PEP SPICE," "FIRE N' ICE," AND "SALVIA
DIVINORUM" FOR PUBLIC HEALTH AND SAFETY PURPOSES; PROVIDING A
REPEALER CLAUSE; A SAVINGS CLAUSE; A SEVERABILITY CLAUSE; A
PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris has been informed by the Paris Police
Department that the use, possession and sale of synthetic cannabinoids (sold under various
names, such as "K2," "K-2 Summet," "K-2 Sex," "Genie," "Dascents," "ZOHAI," "Spice," and
"Salvia Divinorum") has increased dramatically in the Paris community during the last three
months and is now posing a significant health concern to the citizens of Paris and the
community at large; and
WHEREAS, the Paris Police Department has also determined that certain businesses
within the Ciry of Paris may be selling certain synthetic cannabinoids that when smoked or
ingested produce intoxicating effects similar to THC or marijuana; and,
WHEREAS, the substances described above may be marketed as incense but are
commonly being used as an alternative to marijuana which is an 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, these unregulated synthetic cannabinoids, and salvia divinorum produce a very
potent, intoxicating effect which is estimated by the national medical community to produce effects
ranging from three to one hundred (3:100) times greater and more potent than THC, the active
ingredient in marijuana; and,
WHEREAS, the substances identified above 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 yet known;
and,
WHEREAS, the substances described above are not yet categorized as illegal controlled
substances under state or federal law; and,
WHEREAS, it is anticipated that the Texas Legislature will consider adding these
substances to the list of controlled substances 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, the City Council of the City of Paris, Texas, has determined that it is in the
best interest of the public health, safety and welfare to immediately address the health and
safety concerns of the citizens of the Ciry of Paris by adopting a local ordinance prohibiting the
use, possession, display and sale of synthetic cannabinoid substances as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS:
SECTION 1. That Chapter 21 of the Code of Ordinances of the City of Paris be
amended by adding a new Article VII, Illegal Smoking Products, to prohibit the use, purchase,
possession, sale and offering for sale the synthetic cannabinoid known or sold under such
names as "Spice," "Spice Diamond," "Spice Gold," "Pep Spice," "Yucatan Fire," "Solar Flare," "Fire
n' Ice," "Genie," "Dascents," "Zohai," "Sage," "Salvia Divinorum," "K-2," "K-2 Summet," and "KO
Knock-Out 2," said article to read as follows:
"ARTICLE IV. ILLEGAL SMOKING PRODUCTS
Sec.21-60. 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 Paris.
Sec.21-61. Definitions.
"Person" 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;
(b) 2-[(1R, 3S)-3-hydroxrycyclohexyl}-5-(2-methylocatan-2-yl) phenol (also known
as CP47, 497) and homologues;
(c) (6aS, 10aS)-9-(hydroxmethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10,
10a-tetrahydrobenzo [c] chormen-l-ol) (also known as HU-211 or Dexanabinol);
(d) 1-Pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
(e) Butyl-3-(1-naphthoyl) indole (also known as JWH-073);
naphthoylindoles structurally derived from 3-(1-naphthoyl)indole by
substitution at the nitrogen atom of the indole ring by alkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, or 2- (4-morpholinyl) ethyl, whether or not
further substituted in the indole ring to any extent, whether or not substituted in
the napthyl ring to any extent, (also known as JWH-004; JWH-007;JWH-009;JWH-
015;JWH-016;JWH-018;JWH-019;JWH-020;JWH-46;JWH-047;JWH-048;JWH-
049;JWH-050;JWH-070;JWH-071;JWH-072;JWH-73;JWH-076;JWH-079;JWH-
080;JWH-081;JWH-082;JWH-094;JWH-096;JWH-98;JWH-116;JWH-120;JWH-
122;JWH-148;JWH-149;JWH-180;JWH-181;JWH-82;JWH-189;JWH-193;JWH-
198;JWH-200;JWH-210;JWH-211;JWH-212;JWH-13;JWH-234;JWH-235;JWH-
236;JWH-239;JWH-240;JWH-241;JWH-242;JWH-62;JWH-386;JWH-387;JWH-
394;JWH-395;JWH-397;JWH-398;JWH-399;JWH-OO;JWH-412;JWH-413;JWH-414;
andJWH-415);
(g) naphthylmethylindones structurally derived from 1H-indol-3-yl-(1-
naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or
not further substituted in the indole ring to any extent, whether or not substituted
in the naphthyl ring to any extent (also known as JWH-175;JWH-184;JWH-
185;JWH-192;JWH-194;JWH-195;JWH-196;JWH-197; and JWH-199);
(h) naphthoylpyrroles structurally derived from 3-(1-naphthoyl)pyrrole by
substitution at the nitrogen atom of the pyrrole ring by alkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not
further substituted in the pyrrole ring to any extent, whether or not substituted in
the naphthyl ring to any extent, (also known as 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-346; JWH-348; JWH-363;JWH-364; JWH-
365; JWH-367; JWH-368; JWH-369; JWH-370; JWH-371;JWH-373; andJWH-392
(i) naphthylmethylindene sstructurally derived from 1-(1-naphthylmethyl) indene by
substitution at the 3-position of the indene ring by alkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted in
the indene ring to any extent, whether or not substituted in the naphthyl ring to
any extent (also known as JWH-176);
(j) phenylacetylindoles structurally derived from 3-phenylacetylindole by
substitution at the nitrogen atom of the indole ring with alkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl) ethyl, whether or not
further substituted in the indole ring to any extent, whether or not substituted in
the phenyl ring (also known as JWH-167;JWH-201;JWH-202; JWH-203;JWH-204;
JWH-205; JWH-206; JWH-207; JWH-208; JWH-209;JWH-237; JWH-248; JWH-249;
JWH-250; JWH-251; JWH-252; JWH-253; JWH-302; JWH-303; JWH-304; JWH-305;
JWH-306; JWH-311; JWH-312; JWH-313; JWH-314; JWH-315; and JWH-316);
(k) cyclohexylphenols structurally derived from 2-(3-hydroxycyclohexyl) phenol by
substitution at the 5-position of the phenolic ring by alkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not
substituted in the cyclohexryl ring to any extent (also known as CP-55,940; CP-
47,497; and analogues of CP-47,497, including VII, V, VIII, I, II, III, IV, IX, X, XI, XII,
XIII, XV, and XVI); and
(1) cannabinol derivatives, except where contained in cannabis or cannabis resin,
including tetrahydro derivatives of cannabinol and 3-alkyl homologues of
cannabinol or of its tetrahydro derivatives (also known as delta-9-THC; delta-8-
THC;Nabi1one;HU-210;HU-211; andWIN-55,212-2).
"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;
(o 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.
Sec. 21-62. 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. 21-63. Use or 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. 21-64. Affirmative Defense.
It shall be an affirmative defense for a person charged with an offense for possession or
use of an illegal smoking product, that the use or possession was pursuant to the written
direction or written prescription of a licensed physician or dentist authorized to direct or
prescribe such act."
SECTION 2. All ordinances of the City of Paris 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.
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.
SECTIOIV 4. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 5. Any person violating any provision of this ordinance shall be guilty of a
Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of
Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above-enumerated sections shall constitute and be deemed
a separate offense.
SECTION 6. That by a supermajority vote of 7 ayes and 0 nays, the City Council
voted to suspend the rule requiring two readings before adoption of this ordinance.
SECTION 7. This ordinance shall take effect immediately from and after its passage
and publication of the caption as required by law.
PASSED AND ADOPTED on first and final reading this 14th day of March, 2011.
Will Biard, Mayor
ATTEST:
nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McII r, ty Attorney