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A. It is unlawful for any person to possess, use, provide, sell, produce, manufacture, or distribute, or to offer, display, market, or advertise for sale, any illicit synthetic drug.

B. In determining whether a product is prohibited by this chapter:

1. 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 chapter.

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

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

2. Aspects of the packaging or labeling suggesting that 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 marketed for the same use;

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

5. The product’s name or packaging uses images or slang referencing an illicit street drug;

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

7. The product resembles an illicit street drug such as cocaine, methamphetamine, LSD, or marijuana. (Ord. 14-013 § 3, 2014)