§ 16-55. Sale, offering for sale, delivery or possession of herbal incense, synthetic marijuana and bath salts.

(a)

Definitions.

Bath salts shall mean any product distributed in a loose, leafy, powder, crystal or granular form or in a compressed block(s) that can be crushed to result in a powder or granular form, that can be ingested by placing in a pipe, cigarette paper, syringe or any other paraphernalia used for the purpose of ingesting by smoking, inhaling or other method of ingestion, that contains any synthetic derivative of cathinone, including but not limited to Methlenedioxypyrovalerone (MDPV), and/or any derivative of MDPV and/or any other compound defined in F.S. § 893.03, and/or any derivative of said compound, which mimics the physiological effects of said compounds.

Herbal incense shall mean any aromatic or non-aromatic plant material that is distributed in a loose, leafy, powder or granular form, or in compressed block(s) that can easily be crushed or ground into a powder or granular form, and can be placed into a pipe, cigarette papers or any other paraphernalia used for the purpose of ingesting by smoking, inhaling or other method of ingestion.

Synthetic marijuana shall mean any aromatic or non-aromatic plant material containing any compound defined in F.S. § 893.03, whether said compound has been sprayed, applied or otherwise added, and/or any other derivative of said compound that mimics the physiological effects of said compound, that is distributed in a loose, leafy, powder, crystal or granular form or in a compressed block(s) that can be crushed to result in a powder or granular form, that can be ingested by placing in a pipe, cigarette paper or any other paraphernalia used for the purpose of ingesting by smoking, inhaling or other method of ingestion.

(b)

Label requirements.

(1)

Any herbal incense or bath salt product must contain on its packaging a label containing the following information: A complete list of all ingredients and chemical compounds contained therein, regardless of whether said ingredients and/or compounds are natural, manmade or are contained therein as a result of the combining of one or more natural ingredients or compounds. Additionally, the packaging shall contain the following warning: "This product is not for human consumption. The ingestion of this product may cause paranoia, severe anxiety, hallucinations, suicidal thoughts, combative behavior, nausea, increased heart rate, seizures and possibly death".

(2)

The labeled ingredients and warning requirements in subsection (1) must be in all capital letters and the size of all other letters on the packaging shall be the same as the size of such letters. Additionally, the labeled ingredients and warning in subsection (1) shall be in a conspicuous and legible type in contrast by the typography, layout, or color with all other printed material on the package.

(3)

It shall be unlawful to sell, offer to sell, display or deliver any herbal incense or bath salts product without compliance with the label requirements herein.

(c)

It shall be unlawful to sell, offer to sell, display, deliver or possess any herbal incense, synthetic marijuana and bath salt product, which contain any substances and/or compounds defined in F.S. § 893.03 and/or F.S. § 893.0356.

(d)

Each violation of any of the provisions of this section shall constitute a separate violation and subject to a separate penalty herein.

(e)

Any person found guilty of violating any of the provisions of this section shall, upon conviction, be penalized as provided in section 1-6 of this Code.

(f)

Any person found guilty, regardless of whether adjudication is withheld, of any violation under this section shall be liable for payment of the costs of prosecution and all investigative costs incurred, including but not limited to any cost for laboratory testing.

(g)

Enforcement under this section does not prohibit the city from seeking any other remedies provided by this Code or state law.

( Ord. No. C-12-27, § 1, 8-21-12 )