[Adopted 3-15-2005 by L.L. No. 12-2005 (Ch. 349A, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that marijuana is the
nation's most commonly used illicit drug and more than 83,000,000
Americans (37%) aged 12 and older have tried marijuana at least once,
according to the 2001 National Household Survey on Drug Abuse.
B.
This Legislature also finds and determines that the use of marijuana
has been shown to lower test scores among high school students and
that workers who smoke marijuana are more likely to have problems
on their jobs.
C.
This Legislature further finds and determines that marijuana compromises
the ability to learn and remember information and the more a person
uses marijuana, the more he or she is likely to fall behind in accumulating
intellectual, job, or social skills.
D.
This Legislature further finds and determines that federal, state,
and local governments spend millions of dollars annually on programs
educating children about the hazards of drugs, and that the marketing
of these products would have an adverse impact upon these programs
and those we seek to inform through them.
E.
This Legislature finds that the sale of marijuana-flavored lollipops
and gum drops which claim "every lick is like taking a hit" is a shameless
marketing ploy that perpetuates an unhealthy culture and should not
be permitted in the County of Suffolk.
F.
This Legislature determines that popular personalities such as Snoop
Dogg and Paris Hilton are endorsing this pot-flavored candy, thereby
encouraging the use of such candy by young children, and thereby making
the use of this candy attractive to young children.
G.
Therefore, the purpose of this article is to prohibit the purchase
and sale of marijuana-flavored candy in the County of Suffolk.
As used in this article, the following terms shall have the
meanings indicated:
A lollipop, gumdrop, or other candy which is flavored to
taste like marijuana, including, but not limited to, "Chronic Candy®."
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business organization of any kind.
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 purchase or offer for sale marijuana-flavored
candy within the County of Suffolk.
Any person who knowingly and willfully violates § 423-3 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 any 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.
