OR 2010-1256 Illegal Smoking ProductsAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 0"%..- _ 11. — &
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, AMENDING THE CODE OF
ORDINANCES BY AMENDING CHAPTER 9 BY ADDING ARTICLE 9-
28, "ILLEGAL SMOKING PRODUCTS ", TO PROHIBIT THE USE,
PURCHASE, POSSESSION, SALE, DISTRIBUTION,
TRANSPORTATION AND ADVERTISEMENT OF THE SYNTHETIC
CANNABINOID KNOWN OR SOLD UNDER SUCH NAMES AS
"SPICE ", "GENIE ", "DaSCENTS ", "ZOHAI ", "SAGE ", "K -2" AND "KO
KNOCK -OUT 2" FOR PUBLIC HEALTH PURPOSES; PROVIDING A
REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000); AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas has determined that
certain businesses within the City may be selling certain substances that when ingested
produce intoxicating effects similar to THC or marijuana; and
WHEREAS, the substances identified above are considered to be generally described as
synthetic cannabinoids or salvia divinorum distributed, sold and marketed under such
names as "K -2 ", "K -2 SUMMET ", "K -2 SEX ", "GENIE ", "DASCENTS ", " ZOHAI",
"SAGE ", "SPICE ", "KO KNOCK -OUT 2 ", "SPICE GOLD ", "SPICE DIAMOND ",
"YUCATAN FIRE ", "SOLAR FLARE ", "PEP SPICE ", "FIRE N' ICE ", AND "SALVIA
DIVINORUM'; and
WHEREAS, the substances described above are not yet categorized as illegal
controlled substances under state or federal law; 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, the synthetic cannabinoids substances identified above may be
presented under a variety of street names but share common ingredients including JWH-
018 and JWH -073; and
WHEREAS, the substances described above may also contain 1 -(3-
[trifluoromethylphenyl]) piperazine commonly known as TFMPP, any other synthetic
cannabinoid or any similar substance which when inhaled or otherwise ingested
produces intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any
manner, changes, distorts or disturbs the auditory, visual, or mental process and the
product or substance has no other apparent legitimate purpose for consumers; and
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WHEREAS, salvia divinorum contains the ingredient known as Salvinorin A; and
WHEREAS, these unregulated synthetic cannabinoids and salvia divinorum
produce a very potent, intoxicating effect which is estimated by the medical community
to produce effects ranging from three to one hundred 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, it is anticipated that the Texas Legislature will consider
appropriate regulation of these type of commodities 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, it has been determined that the effects of these substances are a
health concern to the citizens of the City of Coppell; and
WHEREAS, the City Council of the City of Coppell, Texas, has determined that
it is in the best interest of the public health, safety and welfare to immediately address
the health concerns to the citizens of the City of Coppell by adopting a local ordinance
prohibiting the substances identified above;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Coppell, Texas, be and the
same is hereby amended by amending Chapter 9 in part by adding Article 9 -28, Illegal
Smoking Products, to prohibit the use, purchase, possession, sale, distribution,
transportation, advertisement 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" to read as follows:
"ARTICLE IV. ILLEGAL SMOKING PRODUCTS
Sec. 9-28-1. Purpose
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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 Coppell.
Sec. 9-28-2. 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— hydroxycyclohexyl}-5—(2— methylocatan -2 —yl) phenol (also
known as CP47, 497) and homologues;
(c) (6aS, IOaS) -9- (hydroxmethyl) -6, 6- dimethyl -3 -(2- methyloctan- 2- yl) -6a, 7,
10, lOa- tetrahydrobenzo [c] chormen -1 -ol) (also known as HU -211 or
Dexanabinol);
(d) 1- Pentyl -3 -(1- naphthoyl) indole (also known as JWH -018); or
(e) Butyl -3 -(1- naphthoyl) indole (also known as JWH -073); or
(0 1- (3- [trifluoromethylphenyl]) piperazine commonly known as TFMPP; or
(g) Any other synthetic cannabinoid, or
(h) Any similar substance which when inhaled or otherwise ingested produces
intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in
any manner, changes, distorts, or disturbs the auditory, visual, or mental
process and the product or substance has no other apparent legitimate
purpose for consumers.
"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;
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(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;
0) a bong; or
(k) an ice pipe or chiller.
Sec. 9 -28 -3. 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. 9 -28 -4. 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. 9-28-5. Defense.
It shall be a defense to a violation of this article that any act described in
this article is under and pursuant to the direction or prescription of a licensed
physician or dentist authorized to direct or prescribe such act."
SECTION 2. All ordinances of the City of Coppell 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
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remaining portions of said ordinance or the Code of Ordinances, as amended hereby,
which shall remain in full force and effect.
SECTION 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, firm or corporation violating any of the provisions or
terms of this ordinance or of the Code of Ordinances as amended hereby, shall be subject
to the same penalty as provided for in the Code of Ordinances of the City of Coppell, as
previously amended, and upon conviction shall be punished by a fine not to exceed the
sum of Two Thousand Dollars ($2,000) for each offense.
SECTION 6. This ordinance shall take effect immediately from and after its
passage and publication of the caption as required by law.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of , 2010.
APPROVED:
� oloop
V
BOB MAHALIK, MAYOR PRO TEM
ATTEST:
LIB BALL Y SECRETARY
APPROVE A TO FORM:
ROBERT E. HAGE , ITY ATTORNEY
(JDD /ajh)
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