As used in this article, the following terms shall have the
meanings indicated:
ANALOGUE
A substance that has a chemical structure and causes physical
effects that are similar to another chemical.
[Added 6-21-2016 by L.L.
No. 17-2016]
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 prohibited substances
under this article or their analogues.
[Added 6-21-2016 by L.L.
No. 17-2016]
[Amended 6-21-2016 by L.L. No. 17-2016]
No person shall sell, offer for sale, possess with intent to
sell or manufacture the chemicals 3, 4-methylenedioxymethcathinone
("methylone"), 3, 4-methylenedioxyprovalerone ("MDPV"), 4-methylmethcathinone
("mephedrone"), 3-methoxymethcathinone, 3-fluoromethcathinone, or
4-flouromethcathinone, analogues of these chemicals, or any products
containing said chemicals within the County of Suffolk.
[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 or entity
who or which 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 date 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
or federal legislation has been enacted for the purposes of triggering
the provisions of this section.