As used in this article, the following terms shall have the
meanings indicated:
CP-47,497
The chemical 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-
phenol.
[Added 3-13-2012 by L.L. No. 20-2012]
CP-47,497 C8 HOMOLOGUE
The chemical 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3- hydroxycyclohexyl]-phenol.
[Added 3-13-2012 by L.L. No. 20-2012]
JWH-018
The chemical 1-pentyl-l-3-(1-naphthoyl)indole.
JWH-073
The chemical 1-butyl-3-(1-naphthoyl)indole.
JWH-200
The chemical [2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole.
[Added 3-13-2012 by L.L. No. 20-2012]
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.
POSSESS WITH INTENT TO SELL
Possession of 10 or more packets of synthetic cannabinoids
or synthetic cannabinoid analogues.
[Added 6-21-2016 by L.L.
No. 17-2016]
SYNTHETIC CANNABINOID
The chemicals CP-47,497; CP-47,497 C8 homologue; JWH-018;
JWH-073; and JWH-200; as well as any chemical which reacts with cannabinoid
receptors and has been permanently or temporarily placed on the federal
Schedule of Controlled Substances, Schedule I, as codified at 21 CFR
1308.11.
[Added 3-13-2012 by L.L. No. 20-2012]
SYNTHETIC CANNABINOID ANALOGUE
Any substance with a chemical structure that is substantially
similar to the chemical structure of a synthetic cannabinoid and which
has a stimulant, depressant or hallucinogenic effect on the central
nervous system that is similar to the effects of a synthetic cannabinoid.
[Added 6-21-2016 by L.L.
No. 17-2016]
[Amended 3-13-2012 by L.L. No. 20-2012; 6-21-2016 by L.L. No. 17-2016]
No person shall sell, offer for sale, possess with intent to
sell or manufacture within the County of Suffolk any synthetic cannabinoid,
synthetic cannabinoid analogues, or any products containing one or
more synthetic cannabinoids or analogues.
[Amended 6-21-2016 by L.L. No. 17-2016]
A. 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.
B. In addition to any criminal penalty imposed, any person who violates
this article shall be liable for a civil penalty of no less than $1,000
or more than $10,000, recoverable in an action commenced by the County
Attorney on behalf of the County of Suffolk in any court of competent
jurisdiction.
C. A defendant's or respondent's disclaimer, whether included
on product packaging or made in some other format, that a substance
banned by this article is not meant for human consumption shall not
constitute a valid defense in any criminal or civil proceeding commenced
under this article.
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.