§ 13-173. Possession, provision, sale or distribution of synthetic drugs prohibited.

It is unlawful for any person to possess, provide, sell, offer to sell, display or distribute, within the City of Wildwood, any illicit synthetic drug as defined in this article.

(1)

Factors that may be disregarded and/or considered in determining violation. In determining whether a product or sale is prohibited by this article, 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 article. Other relevant factors that may be used to determine whether a product or sale is prohibited by this article include, but are not limited to: verbal or written representations at the point of sale regarding the purpose, methods, use, or effect of the product; aspects of the packaging or labeling suggest the user will achieve a "high," euphoria, relaxation, mood enhancement, or that the product has other effects on the body; the cost of the product is disproportionately higher than other products marketed for the same use; the product contains a warning label stating or suggesting that the product is in compliance with state laws regulating controlled substances; the product's name or packaging uses images or slang referencing an illicit street drug; illicit or underground methods of sale or delivery are employed by the seller or provider; the product resembles an illicit street drug such as cocaine, methamphetamine, or marijuana.

(2)

Exemptions . This provision of this section does not apply to any product that is specifically excepted by, or regulated within, the Florida Comprehensive Drug Abuse Prevention and Control Act (F.S. ch. 893) or the Federal Controlled Substances Act (21 U.S.C. § 81 et seq.); is a food product, drug, dietary supplement, cosmetic, or other substance regulated by the Food and Drug Administration (FDA) and in compliance with the agency's requirements; is regulated by and in compliance with the labeling requirements of the Federal Trade Commission; is regulated by and in compliance with the Federal Fair Packaging and Labeling Act; is regulated by and in compliance with the Federal Food, Drug and Cosmetic Act; is regulated by and in compliance with the regulations of the Florida Department of Agriculture and Consumer Services; or is a tobacco product regulated by and in compliance with the regulations governing the tobacco industry enforced by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco. For the purposes of this section, products that are not subject to regulation by the act or agencies listed above are not exempt unless the product is specifically exempt from regulation; mere "non-regulation" by these acts without a specific regulatory exemption will not render a product exempt under this section.

(Ord. No. O2013-10, § 3, 4-22-13)