§ 2-5-151. Definitions.

For purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Bath salts/synthetic cathinones/synthetic stimulants shall mean any crystalline or powder product in crystalline, loose-powder, block, tablet, or capsule form, or any stimulant-type product, when the label is in any way false or misleading, or which does not contain a label specifying:

(1)

The identity of the commodity; and

(2)

The name and place of business of the manufacturer, packer, or distributor.

Street names for these products include, but are not limited to: Bliss, Blue Silk, Cloud Nine, Drone, Energy-I, Ivory Wave, Lunar Wave, Meow Meow, Ocean Burst, Pure Ivory, Purple Wave, Red Dove, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Knight, White Lightening, Blizzard, Bonzai Grow, Charge Plus, Charlie, Euphoria, Hurricane, Lunar Wave, Ocean, Pixie Dust, Posh, Scarface, Lovely Dovey, Aura, MDPV, MDPK, MTV, Maddie, Hurricane Charlie, Black Rob, Super Coke, PV, Peeve, Meph, Drone, and MCAT.

Code enforcement official means any designated employee or agent of Charlotte County whose duty it is to enforce codes and ordinances enacted by Charlotte County. Employees or agents who may be considered code enforcement officials for the purposes of this article may include, but are not limited to, code inspectors, code compliance officials, law enforcement officers, animal control officers, or fire safety inspectors.

Drug shall mean an article that is intended to affect the function of the body of humans.

Drug paraphernalia means, other than devices to ingest or inject prescription drugs, any object used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, or other illicit drugs or controlled substances 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. In determining whether an object is drug paraphernalia, a code enforcement board or court may consider any of the factors enumerated in F.S. section 893.164 ("Determination of paraphernalia").

Illicit synthetic drugs shall include spice, synthetic cannabinoids, synthetic marijuana, bath salts, synthetic cathinones, synthetic stimulants, or misbranded drugs.

Minor means a person under eighteen (18) years of age.

Misbranded drug means a drug that violates F.S. section 499.007, including but not limited to drugs for which:

(1)

The label is in any way false or misleading;

(2)

The label does not bear the name and place of business of the manufacturer, repackager, or distributor of the finished form of the drug;

(3)

The label does not bear adequate directions for use; or

(4)

The label does not bear adequate warnings against use.

Person means any individual, employee, business entity, lessee, property owner, firm, partnership, joint venture, or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver, or other fiduciary, and includes the plural as well as the singular.

Premises means any part of the building(s) located on a lot or parcel of land utilized in whole or part for the commercial or retail sale of illicit synthetic drugs or commercial sale and display of drug paraphernalia.

Spice/synthetic cannabinoids/synthetic marijuana shall mean any aromatic plant material in granular, loose leaf or powder form, or in liquid or as a food additive, or any herbal-incense-type stimulant or hallucinogen product, when the label is in any way false or misleading, or which does not contain a label specifying: (1) the identity of the commodity; and (2) the name and place of business of the manufacturer, packer, or distributor. Street names for these products include, but are not limited to: Bliss, Black Mamba, Bombay Blue, Fake Weed, Genie, Spice, Zohai, K2, K3, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Stinger, Ocean Blue, Serenity, Chronic Spice, Spice Gold, Spice Silver, Skunk, Mr. Nice Guy, Mr. Happy, K3 Legal, Sence, Smoke, Chill X, Earth Impact, Galaxy Gold, Space Truckin, Solar Flare, Moon Rocks, Aroma, Scope, Sky High, Atomic, G-20, Guerrilla Warfare, Makes Scents, g-13, Tiger Shark, California Dreams, Dank, Bullet, Mind Trip, Voodoo Child, Jazz, Nightlights, Matrix, Hypnotip, AK47, Maui Wowie, Cloud 9, Daylights, Joker, Dead Man Walking, Brain Storm, Soul Sence, Kush, Kush Mania, Dragons Fire, Lucid, Mad Hatter, Scooby Snax, D-ZL, OMG, Demon, Barely In, Pineapple Express, and Hayze.

(Ord. No. 2013-033, § 1, 11-26-13)