It seems that there has been a lot of confusion from the public concerning the Ordinance adopted by the Cedar Bluff Town Council on Monday banning the sale of certain Smoking Products within the town.

Mayor Tammy Crane told WEIS Radio News on Tuesday morning that she has received several phone calls and messages from concerned citizens, Crane said that to be clear the Ordinance DOES NOT apply to legal smoking products such as cigarettes, cigars, smoking tobacco etc.

The ordinance was adopted to combat the sale of those products that are being used as illegal drug paraphernalia, during Monday’s meeting of the Cedar Bluff Town Council, Police Chief Steve Walden explained that while these products are being marketed for the use with smoking tobacco, simply stated…that’s not exactly the case when there purchased.

According to the Ordinance the main focus is on those products be Knockout 2, Spice Gold, Spice Diamond, Yucatan Fire, Solar Fire, Pep Spice, Fire N Ice, Black Magic Smoke and Salvia Divinorum.

TOWN OF CEDAR BLUFF ORDINANCE NO. 2015-12 BANNED SMOKING PRODUCTS

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CEDAR BLUFF, ALABAMA, AS FOLLOWS:

Section 1.            Definitions

Banned smoking products shall mean any substance whether described as tobacco herbs, incense spice, aromatherapy incense, aromatic substance that may cause sense of euphoria, novelty aromatic, or any blend thereof regardless of whether the substance is marketed for the purpose of being smoked which includes, but not limited to, any one or more of the following chemicals:
(1) 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.

(2) 2-[1 R, 3S)-3-hydroxycyclohexyl]-5-(2methyloctan-2-yl) phenol (also known as CP47, 497) and homologues;

(3) (6aR, 10aR)-9-(hydroxycyclohexyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-o1, some other trade or other names: HU-210.

(4) 1-Penty1-3-(1-naphthoyl) indole, some trade or other names: JWH-018.

(5) 1-Butyl-3-(1-naphthoyl) indole, some trade or other names: JWH-073

(6) (4-methoxynaphthalen-1-yl-(1 pentylindol-3-yl)methanone, some trade or other names: JWH-081.

(7) Any nonprescription or other substance not prescribed by a physician whose affects mimic those of marijuana.

Products containing some or all of the above substances are currently being marketed under the following commercial names: “K-2”, “K-2 Summit”, “Genie”, “Dascents”, “Zohai”, “Sage”, “Spice”, “KO Knockout 2”, “Spice Gold”, “Spice Diamond”, “Yucatan Fire”, “Solar Flare”, “Pep Spice”, “Fire N’ Ice”, “Black Magic Smoke” and Salvia Divinorum”.

Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this article, regardless of whether they are marketed under alternative names.

“Banned smoking product” shall also include all tobacco herbs, incense spice, aromatherapy incense, aromatic substance, or any blend thereof that may not contain any chemical listed above but may cause sense of euphoria or any side effect that may alter mental state of person(s).

Ingestion device shall mean equipment, product or material that is used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing an illegal or banned smoking product into the human body such as, but not limited to:

(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipe with or without screens, permanent screens, hashish heads or punctured metal bowls;

(2) Water pipes;

(3) Carburetion tubes or devices;

(4) Smoking and carburetion masks;

(5) Roach clips: meaning objects used to hold burning material, such as marihuana cigarette, that has become too small or too short to be held in the hand;

(6) Chamber pipes;

(7) Carburetor pipes;

(8) Electric pipes;

(9) Air driven pipe;

(10) Chillum;

(11) Bongs;

(12) Ice pipes or chillers;

(13) Glass tubes which are hollow, cylindrical items made of glass which are smaller than three-quarters of an inch in diameter, shorter than 12 inches in length, and which are not sealed with glass at both ends.

Person shall mean an individual, corporation, partnership, wholesaler, retailer or any licensed of unlicensed business.

Section 2.            Sell, offer, gift, display or possession.

It shall be unlawful for any person(s) to use, possess, purchase, barter, give, publicly display, sell, or offer for sale within the town limits of Cedar Bluff, Alabama, any banned smoking product or ingestion device.

Section 3.            Use or possession of ingestion devices.

It shall be unlawful for any person(s) to use or possess with intent to use an ingestion device to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product.

Section 4.            Penalty

Any person, firm, corporation or entity violating this article, as it exists or may be amended, upon conviction therof, shall be fined a sum not exceeding $500.00 and may be sentenced up to 60 days in jail. Conviction of this article may also result in the Town of Cedar Bluff revoking any person, firm, corporation or entity’s privilege of operating a business within the town limits of Cedar Bluff, Alabama. Each continuing day’s violation under this article shall constitute a separate offense.

All provisions of any ordinance in conflict with this article are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect.