§ 18-296. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bath salts. Any substance containing a synthetic derivative of cathinone including one or more of the following:

(1)

Methlenedioxypyrovalerone (MDPV) or any derivative of MDPV;

(2)

Any compound defined in F.S. § 893.03;

(3)

Any compound temporarily or permanently placed into Schedule I of the Controlled Substances Act ("CSA");

(4)

Any derivative of the compounds listed in (1)—(3) above which mimics the physiological effects of said compounds, whether in crystal, powder, liquid, tablet or capsule form.

This definition does not include any lawfully prescribed pharmaceutical drugs containing synthetic cathinones or other synthetic stimulants approved by the FDA and available with a lawful prescription, or traditional bath salts such as sodium chloride, sea salts, magnesium sulfate (Epsom salts), sodium bicarbonate, and borax, that do not contain synthetic chemical stimulants.

Drug paraphernalia . Any object used, intended for use or designed for use in ingesting, inhaling or otherwise introducing any controlled substance defined in F.S. § 893.03, or illicit synthetic drug into the human body, including but not limited to: metal, wooden, acrylic, glass, stone, plastic or ceramic pipes (with or without screens, permanent screens, hashish heads or punctured metal bowls); water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips, miniature cocaine spoons and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers. This definition shall not include any object used, intended for use or designed for use in ingesting or otherwise introducing any lawfully prescribed drug.

Illicit synthetic drugs . Spice, synthetic cannabinoids, synthetic marijuana, bath salts, synthetic cathinones, synthetic stimulants, or misbranded drugs, and excluding any drugs which have been lawfully prescribed.

Spice . Any aromatic or non-aromatic plant material, containing synthetic chemical compounds or to which any synthetic chemical compound has been added that mimic the effects of a controlled substance defined in F.S. § 893.03, or those substances temporarily or permanently placed into Schedule I of the Controlled Substances Act ("CSA"), that is displayed, sold, or distributed in a loose, leafy, powder or granular form, or in compressed blocks that can be easily crushed to result in a powder or granular form, and can be placed into pipes, cigarette papers or other drug paraphernalia for ingestion by smoking, inhaling or other methods. This definition does not include any lawfully prescribed pharmaceutical drugs containing synthetic chemicals or other synthetic stimulants approved by the FDA and available with a lawful prescription, or traditional incense that does not contain synthetic chemical compounds.

(Ord. No. 2012-33, § 2, 1-8-2013)