§ 24. CERTAIN SUBSTANCES BANNED

A.

OFFENSE

(1)

It shall be unlawful for any person to use, possess, purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following substances within the city limits of the City of Santa Fe, Texas:

a.

Salvia divinorum 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.

(6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol commonly known as HU-210;

c.

1-Pentyl-3-(1-naphthoyl)indole commonly known as JWH-018 Spice or K2;

d.

1-Butyl-3-(1naphthoyl)indole commonly known as JWH-073;

e.

N-benzylpiperazine commonly known as BZP;

f.

1-(3-[trifluoromethylphenyl]) piperazine commonly known as TFMPP;

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.

(2)

It is unlawful for any person, knowingly, to breathe, inhale, drink, or otherwise ingest any compound, liquid, or chemical listed within this section, or a similar substance for the purpose of inducing a condition of intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any manner, changing, distorting, or disturbing the auditory, visual, or mental process.

(Ordinance No. 13-2010 of October 14, 2010, Sec. 1)

B.

DEFENSE

It is not a violation of this section if a person was acting under the supervision of an authorized law enforcement officer to enforce or ensure compliance with this section. This section does not apply to any person who commits any act described in this section pursuant to the direction or prescription of a licensed physician or dentist licensed by the State of Texas to direct or prescribe such act. This section likewise does not apply to the inhalation of anesthesia for a medical or dental purpose.

(Ordinance No. 13-2010 of October 14, 2010, Sec. 1)

C.

PENALTY

Any person who violates any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed two thousand and no/100 dollars ($2,000.00). Each day in which any violation shall occur, or each occurrence of any violation, shall constitute a separate offense.

(Ordinance No. 13-2010 of October 14, 2010, Sec. 1)