ILLICIT SYNTHETIC DRUGS

Houston Code of Ordinances ch. 28, art. XVII

in effect

Houston Code of Ordinances § 28-571 Definitions.

Sec. 28-571. - Definitions. The following words, terms and phrases, whenever used in this article, shall have the meanings set forth in this section, unless the context of their usage clearly indicates a different meaning: Herbal incense means aromatic plant material, whether referred to as potpourri or otherwise, that is distributed in a loose, leafy, powder or granular form or in a compressed block or blocks that can be crushed to result in a powder or granular form, and can be placed into a pipe, cigarette paper, or other drug paraphernalia for purposes of ingestion by smoking, inhaling or other method, regardless of how the substance is labeled or marketed, including, but not limited to, whether or not such product is labeled 'as not for human consumption.' Illicit synthetic drug means: (1) Any vegetative material, or herbal or plant material, however constituted, designed, intended, marketed, manufactured, or engineered, that contains any quantity of a synthetic chemical or synthetic chemical compound that has no legitimate relation to the advertised use of the product. (2) Any vegetative material, or herbal or plant material, with packaging or labeling that indicates, suggests, or implies that the substance is a substitute for or otherwise mimics the pharmacological effects of marihuana ('marijuana'), a controlled substance, or a controlled substance analogue as defined by section 481.002 of the Texas Health and Safety Code. (3) Any vegetative material, or herbal or plant material, offered for sale or sold with verbal or written representations regarding the purpose, methods, use, or effect of the substance that indicates, suggests, or implies that the substance mimics the pharmacological effects of marihuana ('marijuana'), a controlled substance, or a controlled substance analogue as defined by section 481.002 of the Texas Health and Safety Code. (Ord. No. 2014-913, § 2, 10-8-2014)

Houston Code of Ordinances § 28-572 Prohibition of illicit synthetic drug.

Sec. 28-572. - Prohibition of illicit synthetic drug. It shall be unlawful for any person to possess, provide, sell, barter, produce, manufacture, distribute, or to offer, display, market or advertise for sale, or purchase with the intent to provide, sell, barter, produce, manufacture, or distribute, or to offer, display, market or advertise for sale any illicit synthetic drug. (Ord. No. 2014-913, § 2, 10-8-2014)

Houston Code of Ordinances § 28-573 Failure to publicly display or label herbal incense.

Sec. 28-573. - Failure to publicly display or label herbal incense. (a) Herbal incense offered for sale to the public must be publicly displayed at all times through actual or representative packaging. (b) All herbal incense offered for sale to the public must include a label listing each active ingredient. (Ord. No. 2014-913, § 2, 10-8-2014)

Houston Code of Ordinances § 28-574 Penalty.

Sec. 28-574. - Penalty. (a) Any violation of section 28-572 of this Code is a misdemeanor punishable upon conviction by a fine not to exceed $2000.00. Each separate package, container, or other separate unit containing an illicit synthetic drug shall constitute a separate and distinct offense. (b) Any violation of section 28-573 of this Code is a misdemeanor punishable upon conviction by a fine not to exceed $2,000.00. Each separate package, container, or other separate unit containing any herbal incense shall constitute a separate and distinct offense. (c) Prosecution or conviction under this article is cumulative of and shall never be a bar to any other civil or administrative remedy provided or allowed in this article or by law. (Ord. No. 2014-913, § 2, 10-8-2014)

Houston Code of Ordinances § 28-575 Affirmative defenses.

Sec. 28-575. - Affirmative defenses. (a) It is a defense to prosecution under the provisions of this article that the person possessed the illicit synthetic drug under the lawful supervision of an authorized law enforcement officer to enforce or ensure compliance with this article. (b) It is a defense to prosecution that a violation of this article is expressly permitted by state or federal law. (Ord. No. 2014-913, § 2, 10-8-2014)

Houston Code of Ordinances § 28-576 Seizure.

Sec. 28-576. - Seizure. Any product or substance possessed, provided, sold, bartered, produced, manufactured, distributed, or offered, displayed, marketed or advertised for sale or purchased with the intent to provide, sell, barter, produce, manufacture, or distribute, or to offer, display, market or advertise for sale, in violation of any provision of this article, may be seized by any peace officer. Such product or substance may be destroyed as authorized by state law after its use for evidentiary purposes is no longer required. (Ord. No. 2014-913, § 2, 10-8-2014)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH28MIOFPR_ARTXVIIILSYDRFetched: 10/26/2026