March 4th, 2011
Kyle council bans salvia divinorum, K2

STAFF REPORT

The Kyle City Council voted to approve an ordinance that would regulate the sale and use of Salvia divinorum and K2, commonly referred to as synthetic marijuana, within the Kyle city limits. The ordinance also addresses the sale and use of certain paraphernalia for use with the banned substances.

Salvia divinorum

The ordinance passed on a 5-2 vote, with Mayor Lucy Johnson and council member Diane Hervol voting against the ordinance.

“The Kyle City Council took a stand against the sale, possession and use of K-2 within the Kyle city limits,” said Kyle council member David Wilson, who sponsored the ordinance. “The council, in it’s wisdom, made appropriate modifications to the ordinance in response to citizen, business owner and council member input to ensure that pipes, and other products used with regular tobacco use, are exempted from the ordinance.”

Products being sold, distributed, and marketed in the form of incense or herbal smoking blends under names such as “Dascents”, “Fire N Ice”, “Genie”, “K-2”, “K-2 Sex”, “K-2 Summit”, “K O Knock-Out 2”, “Pep Spice”, “Sage”, “Salvia Divinorum”, “Solar Flare”, “Spice”, “Spice Cannabinoid”, “Spice Diamond”, “Spice Gold”, “Yucatan Fire”, and “Zohai” are specifically addressed in the ordinance as being prohibited if they contain the chemical components set out in the ordinance.

The possession or use of any smoking device for the purpose of inhaling these prohibited products is also banned. The ordinance does not regulate tobacco products or products sold and marketed for use with tobacco products.

The ordinance enacts a ban on any and all K2 related substances for all individuals regardless of age and also bans use or possession of Salvia Divinorum by individuals under 21 years of age.

The City of Kyle is the first city in Central Texas to ban K2. Other cities in North and East Texas have enacted similar ordinances.