§ 2-5-153. Determination of a product as an illicit synthetic drug.

(a)

In determining whether a product is prohibited by this article, statements on package labeling such as "not for human consumption" may be disregarded when other relevant factors (viewed alone or in totality) indicate that the product is intended to be consumed or ingested by humans, or is a product regulated by this article.

(b)

Other relevant factors that may be used to determine whether a product or sale is prohibited by this article include, but are not limited to:

(1)

Verbal or written representations at the point of sale regarding the purpose, methods, use, or effect of the product;

(2)

Aspects of the packaging or labeling that suggest the user will achieve a "high," euphoria, relaxation, mood enhancement, or that the product has other effects on the body;

(3)

The cost of the product is disproportionately higher than other products, such as incense or potpourri, marketed for the same use;

(4)

The product contains a warning label stating or suggesting that the product is in compliance with state laws regulating controlled substances;

(5)

The product's name or packaging uses images or slang referencing an illicit street drug or portraying the use of an illicit street drug;

(6)

Illicit or underground methods of sale or delivery are employed by the seller or provider; and

(7)

The product resembles an illicit street drug such as cocaine, methamphetamine, or marijuana.

(Ord. No. 2013-033, § 1, 11-26-13)