§ 14-32. Possession, sale and ingestion of certain substances.

(a)

It shall be unlawful for any person to use, possess, purchase, sell, publicly display for sale or attempt to sell, give, or barter any one (1) or more of the following substances within the city limits of the City of Fort Smith, Arkansas:

(1)

Salviadivinorum 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)

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

(3)

1-Pentyl-3-(1-naphthoyl)indole—Some trade or other names: JWH-018/Spice

(4)

1-Butyl-3-(1naphthoyl)indole—Some trade or other names: JWH-073

(5)

N-benzylpiperazine—Some other trade names: BZP

(6)

1-(3-[trifluoromethylphenyl]) piperazine—Some trade or other names: TFMPP

(7)

Or any similar substance.

(b)

It is not a violation of this section if a person was acting under the supervision of an authorized law enforcement officer to enforce or ensure compliance with this section.

(c)

It is unlawful for any person, knowingly, to breathe, inhale or drink any compound, liquid or chemical listed within this article, or a similar substance for the purpose of inducing a condition of intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any manner, changing, distorting or disturbing the auditory, visual, or mental process.

(d)

It is unlawful for any person, within the city limits of the City of Fort Smith, Arkansas, knowingly, to sell, offer for sale, deliver, give, or possess with the intent to sell, deliver or give to any other person any compound, liquid, or chemical set forth herein, or other substance that will induce a condition of intoxication through breathing or inhalation if he or she has reasonable cause to believe that the compound, liquid or chemical sold, offered for sale, delivered, given or possessed with the intent to sell or give will be used for the purpose of violating this section.

(e)

This section does not apply to any person who commits any act described in this section pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. This section likewise does not apply to the inhalation of anesthesia for a medical or dental purpose.

(f)

Any person found to be in violation of this section will be guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in section 1-9 of this Code of Ordinances.

(Ord. No. 27-10, 6-15-10)