Chapter 9.13
INTOXICATING CHEMICAL SUBSTANCES

Sections:

9.13.11    Abuse of intoxicating chemical substances.

9.13.11 Abuse of intoxicating chemical substances.

A. A person is guilty of abuse of intoxicating chemical substances if:

1. For the purpose of causing a condition of intoxication, inebriation, stupefaction, or the dulling of his or her brain or nervous system, he or she intentionally:

a. Smells, inhales the fumes of, or otherwise ingests, any intoxicating chemical substance; or

b. Possesses, purchases, or attempts to possess or purchase any intoxicating chemical substance; or

2. The person offers, sells, or provides an intoxicating chemical substance to another person, knowing or under circumstances which the person should know that the other person or a third party intends to possess or use that intoxicating chemical substance in violation of subsection (A)(1) of this section.

B. This section does not apply to the lawfully prescribed use, distribution, or sale of those substances for medical or dental purposes.

C. Abuse of intoxicating chemical substances is a Class B misdemeanor.

D. As used in this section, “intoxicating chemical substance” includes:

1. Any herbal or plant material, incense or similar substance containing one or more of the following chemical compounds or their analogs or homologues: 1-pentyl-3-(1-naphthoyl) indole (JWH-018), naphthalen-1-yl-(1-butylindol-3-yl) methanone (JWH-073), 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol (CP 47, 497), or other chemical substances capable of causing a condition of intoxication, inebriation, stupefaction, or the dulling of the brain or nervous system as a result of the inhalation or ingestion of the fumes or vapors of such chemical substance.

E. Nothing in this section shall be construed to include any controlled substance regulated by the provisions of Title 58, Chapter 37, Utah Controlled Substances Act. [Ord. O-20-2010 § 1].