[Adopted 5-11-2010 by L.L. No. 26-2010 (Ch. 269, Art. III,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that a new series of
products have become available in the United States that contain chemicals,
called "synthetic cannabinoids," that produce effects similar to marijuana
when ingested or inhaled.
B.
This Legislature finds that synthetic cannabinoids are chemically
similar to THC, the psychoactive ingredient in marijuana, but are
much stronger and faster acting.
C.
This Legislature also finds and determines that products like K2,
Spice, Genie and Zohai are blends of herbs and spices that are sprayed
with two synthetic cannabinoids, JWH-018 and JWH-073.
D.
This Legislature further finds and determines that while products
like K2 and Spice are sold as incense, they are rapidly gaining popularity
across the United States, particularly among teenagers, as a smoked
herb providing a legal "high" alternative to marijuana.
E.
This Legislature further finds that using synthetic cannabinoids
can cause rapid heartbeat, dangerously high blood pressure, loss of
consciousness, seizures, vomiting, anxiety, extreme agitation, paranoia,
hallucinations and psychotic episodes.
F.
This Legislature also finds that studies indicate that individuals
using JWH-018 and JWH-073 may develop chemical dependencies, demonstrate
addictive behavior and suffer withdrawal symptoms when they stop using
these chemicals.
G.
This Legislature also finds that synthetic cannabinoids are not detectable
by current drug tests, making them easy to abuse.
H.
This Legislature determines that JWH-018 and JWH-073 are unregulated
by the United States and can be purchased by anyone, including children.
I.
This Legislature further determines that JWH-018 and JWH-073 have
been banned throughout most of Europe.
J.
This Legislature also determines that legislation has been introduced
in the States of Kansas and Missouri which would criminalize the possession
or sale of JWH-018 and JWH-073.
As used in this article, the following terms shall have the
meanings indicated:
The chemical 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-
phenol.
[Added 3-13-2012 by L.L. No. 20-2012]
The chemical 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3- hydroxycyclohexyl]-phenol.
[Added 3-13-2012 by L.L. No. 20-2012]
The chemical 1-pentyl-l-3-(1-naphthoyl)indole.
The chemical 1-butyl-3-(1-naphthoyl)indole.
The chemical [2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole.[1]
[Added 3-13-2012 by L.L. No. 20-2012]
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business organization of any kind.
Possession of 10 or more packets of synthetic cannabinoids
or synthetic cannabinoid analogues.
[Added 6-21-2016 by L.L.
No. 17-2016]
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]
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]
[1]
Editor’s Note: The definition of “minor,”
which immediately followed this definition, was repealed 3-13-2012
by L.L. No. 20-2012.
[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.
