§ 74-132. Definitions.

Bath salts shall mean any product in granular, crystalline, powder, stick, tablet, capsule or block form, or any stimulant type product, which contains, has been treated, or has otherwise been enhanced with a synthetic chemical or synthetic chemical compound that enables the material, or the smoke emitted from its burning, to mimic or simulate the effects of a narcotic or other controlled substance when inhaled, ingested, or otherwise introduced into the human body. Any material described above shall be considered a synthetic drug regardless of the labeling posted on the packaging for the material and regardless of whether the labeling states that its contents are "not for human consumption", "not for smoking", or contains some other similar statement. The fact that a material, packaged and advertised as a cleaning agent, food additive, therapeutic bath crystals, plant food, insect repellant potpourri, incense, etc., has been soaked, sprayed, or otherwise enhanced with a synthetic chemical or synthetic chemical compound which has no legitimate relation to the advertised use of the product may be considered in determining whether the product is a synthetic drug. This term specifically excludes any material containing synthetic chemicals or chemical compounds which:

(1)

Requires a prescription;

(2)

Is approved by the United States Food and Drug Administration; and

(3)

Is dispensed in accordance with state and federal law.

Controlled substance shall mean any substance defined or listed in schedule I, II, III, or IV of F.S. § 893.03, as amended, including any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers of such substances.

Synthetic cannabinoids shall mean any herbal or plant material, whether in granular, loose leaf, powder, liquid, food additive, incense, or other form, which has been soaked, sprayed, or otherwise enhanced with a synthetic chemical or synthetic chemical compound that enables the herbal or plant material, or the smoke emitted from its burning, to mimic or simulate the effects of a controlled substance when inhaled, ingested, or otherwise introduced into the human body. Any herbal or plant material described above shall be considered a synthetic cannabinoid regardless of the labeling posted on the packaging for the material and regardless of whether the labeling states that its contents are "not for human consumption", "not for smoking", or contains some other similar statement. The fact that a herbal or plant material, packaged and advertised as a food additive, plant food, insect repellant, potpourri, incense, etc., has been soaked, sprayed, or otherwise enhanced with a synthetic chemical or synthetic chemical compound which has no legitimate relation to the advertised use of the product may be considered in determining whether the product is a synthetic cannabinoid. This term specifically excludes any herbal or plant material containing synthetic chemicals or chemical compounds which:

(1)

Requires a prescription;

(2)

Is approved by the United States Food and Drug Administration; and

(3)

Is dispensed in accordance with state and federal law.

Synthetic chemical or synthetic chemical compound shall mean a chemical or chemical compound whose molecular make up is similar to those substances listed as controlled substances in F.S. ch. 893, and whose intended primary use when introduced into the human body is to mimic the effects of a controlled substance.

Synthetic drugs shall mean both "synthetic cannabinoids" and "bath salts" as defined in this article.

(Ord. No. 2014-02, § 3, 1-28-14)