As used in this article, the following terms shall have the
meanings indicated:
PERSON
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business organization of any kind.
SALVIA DIVINORUM
The herb commonly known as "Diviner's Sage," "Maria
Pastora," "Sage of the Seers," "The Key," "Purple Salvia," "Purple
Haze," or "Sally D," whether sold as a whole plant, loose leaves,
or as a concentrated extract of the chemical salvinorin A.
Pursuant to Article IX, § 2(c)(10), of the New York
State Constitution, governing protection, health, safety, and well-being
of persons, no person shall possess, sell or offer for sale Salvia
divinorum within the County of Suffolk.
The provisions of this article shall not apply to nonprescription
over-the-counter drugs approved or regulated by the Federal Food and
Drug Administration.
Any person who knowingly violates the provisions of this article
shall be guilty of an unclassified misdemeanor punishable by a fine
of up to $1,000 and/or up to one year's imprisonment.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine via mere
resolution whether or not identical or substantially similar statewide
legislation has been enacted for the purposes of triggering the provisions
of this section.