- Monday October 18th, 2010 :: 02:27 p.m. CDT
Bedford City Council has passed a K2 ordinance. To read more go to www.bedfordpolice.com and click important updates.
On October 12, 2010, the Bedford City Council passed an ordinance prohibiting the use, purchase, possession and sale of illegal smoking products and ingestion devices used in connection with the illegal smoking products. This ordinance prohibts any products sold, distributed or possessed in the form of incense or herbal smoking blends under the names such as “K-2,” “K-2 Summit,” “K-2 Sex,” “Genie,” “Spice,” “Dascents,” “Zohai,” “Sage,” “Pep Spice,” “Solar Flare,” “K-O Knockout 2,” “Spice Gold,” “Spice Diamond,” “Spice Cannabinoid,” “Yucatan Fire,” “Fire N Ice,” “Salvia Divinorum,” or related products or chemicals when ingested produce intoxicating effects similar to marijuana. The entire ordinance is provided below for your convenience.
ORDINANCE NO. 10-2981
AN ORDINANCE OF THE CITY OF BEDFORD, TEXAS ADOPTING A NEW ARTICLE V. OF THE CITY OF BEDFORD CODE OF ORDINANCES CHAPTER 82 ENTITLED, ILLEGAL SMOKING PRODUCTS AND INGESTION DEVICES TO PROHIBIT THE USE, PURCHASE, POSSESSION AND SALE OF ILLEGAL SMOKING PRODUCTS CONTAINING CERTAIN PLANT, PLANT PRODUCTS AND THEIR DERIVATIVES OR OTHER SUBSTANCES, AND INGESTION DEVICES USED IN CONNECTION WITH THE ILLEGAL SMOKING PRODUCTS; DISPENSING WITH A CULPABLE MENTAL STATE; AND PROVIDING A PENALTY; PROVIDING AN AFFIRMATIVE DEFENSE FOR AUTHORIZED MEDICAL USE OR USE IN LANDSCAPING; AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Council of Bedford, Texas (the “City Council”) has been informed by the City of Bedford Police and Fire Department that the American Association of Poison Control Centers and the U.S. Department of Justice have published articles and opinions on the dangers and physiological effects of K2 and similar substances, which are believed to pose a significant health concern to the citizens of the City of Bedford; and,
WHEREAS, City of Bedford Police and Fire Department officials have already responded to a recent call involving the ingestion of products marked as “K2” by young members of our community, whereby a party had to be transported to the hospital for medical treatment; and,
WHEREAS, based upon further information from the City of Bedford Police Department, certain substances are sold under various names including, but not limited to: “Salvia Divinorum,” “Salvinorin A,” “Spice”, “Gene,” “Dascents,” “Zohai,” “Sage,” “K-2,” and “KO Knock-Out 2,” and are likely to contain chemical compounds or otherwise cause effects similar to marijuana or hallucinogens and may cause harmful effects by their use and further, the long term effects of which are not yet known; and,
WHEREAS, to the best of the City Council’s knowledge, the substances are not yet categorized as illegal controlled substances under state or federal law; and,
WHEREAS, the City Council finds that the effect of these substances can be a health concern and risk to the citizens of the City of Bedford; and,
WHEREAS, the City Council has determined that it is in the best interest of the public health, safety and welfare to prohibit the use, possession and sale of these substances and the devices used to ingest these substances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEDFORD, TEXAS:
SECTION I. That the statements above are found to be true and correct and are hereby incorporated.
SECTION II. A new Article V, Illegal Smoking Products and Ingestion Devices of Chapter 82 is adopted to prohibit the use, purchase, possession, sale and offering for sale of illegal smoking products and ingestion devices to read in its entirety as follows:
ARTICLE V. ILLEGAL SMOKING PRODUCTS AND INGESTION DEVICES
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 Bedford.
Section 85-125. Definitions.
The following words and phrases as used in this section shall have the meanings as set forth in this subsection.
“Person” shall mean an individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
“Illegal Smoking Product” shall mean any plant or other substance, whether described as tobacco, herbs, incense, spice, or any blend thereof, regardless of whether the substance is marked for the purpose of being smoked, which includes any one or more of the following substances or chemicals:
(1) Salvinorin A: Contained within the Salvia Divinorum plant, whether growing or not; or possessed as an extract, compound, manufacture, derivative, mixture, or preparation of such plant; or
(2) 2-[(1R, 3S)-3-hydroxycyclohexyl}-5-(2-methylocatan-2-y1) phenol (also known as CP 47, 497) and homologues; or
(3) 1-Pentyl-3-(1-naphthoyl) indole (also known as JWH-018); or
(4) Butyl-3(1-naphthoyl) indole (also known as JWH-073); or
(5) Any products sold, distributed or possessed in the form of incense or herbal smoking blends under the names such as “K-2,” “K-2 Summit,” “K-2 Sex,” “Genie,” “Spice,” “Dascents,” “Zohai,” “Sage,” “Pep Spice,” “Solar Flare,” “K-O Knockout 2,” “Spice Gold,” “Spice Diamond,” “Spice Cannabinoid,” “Yucatan Fire,” “Fire N Ice,” “Salvia Divinorum,” or related products or chemicals when ingested produce intoxicating effects similar to marijuana.
“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:
(1) a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
(2) a water pipe;
(3) a carburetion tube or device;
(4) a smoking or carburetion mask;
(5) a chamber pipe;
(6) a carburetor pipe;
(7) an electric pipe;
(8) an air-driven pipe;
(9) a chillum;
(10) a bong; or
(11) an ice pipe or chiller.
Section 82-126. Violation.
It shall be unlawful for any Person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any Illegal Smoking Product.
It shall be unlawful for any Person to use or possess an Ingestion Device with the intent to inject, ingest, inhale or otherwise introduce into the human body an Illegal Smoking Product.
The culpable mental state required by Chapter 6.02 of the Texas Penal Code, as amended, is specifically negated and dispensed with and a violation is a strict liability offense.
Any person, firm or corporation found to be violating any term or provision of this Ordinance, shall be subject to a fine of up to five hundred dollars ($500.00), or the maximum amount allowed by law, for each offense. Every day a violation continues shall constitute a specific offense.
Section 82-127. Affirmative Defense.
It shall be an affirmative defense for a Person charged with an offense for possession or use of an Illegal Smoking Product that the use or possession was pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act.
It shall be a primary affirmative defense that the sale or possession by a person of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose.
SECTION III. All provisions of the Code of Ordinances of the City of Bedford, codified or uncodified, in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Code of Ordinances of the City of Bedford, codified or uncodified, not in conflict with the provisions of this Ordinance shall remain in full force and effect.
SECTION IV. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, or section of this Ordinance shall be declared unconstitutional or invalid by any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this Ordinance.
SECTION V. The repeal of any Ordinance or part of Ordinances effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such Ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions at the time of passage of this Ordinance.
SECTION VI. This Ordinance shall become effective immediately upon its passage and publication as required by law.
PRESENTED AND PASSED this 12th day of October 2010, by a vote of 6 ayes, 0 nays and 0 abstentions, at a regular meeting of the City Council of the City of Bedford, Texas.
Bedford Police Department
2121 L. Don Dodson
Bedford, TX 76021