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 Uvalde
 Code of Ordinances
 Title 8. HEALTH AND SAFETY
 Chapter 8.52. RESTRICTED SMOKING MATERIALS

  § 8.52.020. Definitions.  

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  • "Person" includes individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.

    "Possession" shall mean actual care, custody, control, or management, as that term is interpreted by Texas courts in construing the definition of "possession" as set forth in Chapter 481, Texas Health and Safety Code, as amended from time to time.

    "Restricted smoking material" shall mean any substance, however marketed, which can reasonably be converted for smoking purposes whether it is presented as incense, tobacco, herbs, spices or any blend thereof if it includes any of the following chemicals or a comparable chemical:

    A.

    Salvia divinorum or salvinorin 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-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as CP47,497) and homologues;

    C.

    (6aS, 10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-l-ol) (also known as HU-211 or Dexanabinol);

    D.

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

    E.

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

    F.

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

    Products containing some of the above substances are currently being marketed under the following commercial names: "K-2," "K-2 Summit," "K-2 Sex," "Genie," "Dascents," "Zohai," "Sage," "Spice," "Southern Spice," "Serenity Now," "Space," "Hydro," "Ez," "Ko Knock-Out 2," "Spice Gold," "Diamond," "Spice Diamond," "Yucatan Fire," "Solar Flare," "Pep Spice," "Fire N' Ice," "Salvinorin A" and "Salvia Divinorum."

    It is anticipated that new products will be marketed under different names but will be subject to this definition if they contain any of the chemical components set forth above.

    "Restricted smoking material paraphernalia or ingestion device" shall mean any equipment, product, material, or utensil that is used or intended for use in packaging, storing, containing, or concealing restricted smoking material or ingesting, inhaling, consuming, or otherwise introducing into the human body restricted smoking material, and may include, but is not limited to:

    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.

(Ord. No. 2010-33, § 3, 11-22-2010)