§ 8.52.070. Defenses to prosecution.

Latest version.

A.

It shall be a defense to prosecution for a violation of this chapter if the use of the restricted smoking material is at the direction or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the state.

B.

It shall be a defense to prosecution under the terms of this chapter if an individual charged with a violation can provide proper and complete historic documentation that the use of such materials is a portion of a religious undertaking or activity of a religious denomination in which they have long standing historic membership supported by documentation from clergy or spiritual leader recognized by the state.

C.

It shall be a defense to prosecution under the terms of this chapter if the sale or possession of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose.

(Ord. No. 2010-33, § 8, 11-22-2010)

                    
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