[Adopted 5-18-1982 by L.L. No. 4-1982]
It is hereby declared and found that the sale
of items used to aid the storage, use, concealment and test of the
strength or purity of illegal drugs is a widespread and growing practice
which is contrary to the public interest. Many parent and teacher
organizations, such as the New York State Congress of Parents and
Teachers, as well as local P.T.A. groups, have recognized the problem
and have encouraged and endorsed legislation that would prohibit the
sale of drug-related paraphernalia. Therefore, the public safety,
health, welfare and morals would be best served by discontinuing the
sale of such items.
As used in this article, the following terms
shall have the meanings indicated:
CONTROLLED SUBSTANCE
Any substance listed in Schedule I, II, III, IV or V of § 3306
of the Public Health Law, specifically including marijuana.
DRUG PARAPHERNALIA
All equipment, products and materials of any kind which are
primarily used, primarily intended for use or primarily designed for
use in planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the human
body a controlled substance in violation of the laws of the State
of New York. It includes but is not limited to:
A.
Kits primarily used, primarily intended for
use or primarily designed for use in planting, propagating, cultivating,
growing or harvesting of any species of plant which is a controlled
substance or from which a controlled substance can be derived.
B.
Kits primarily used, primarily intended for
use or primarily designed for use in manufacturing, compounding, converting,
producing, processing or preparing controlled substances.
C.
Isomerization devices primarily used, primarily
intended for use or primarily designed for use in increasing the potency
of any species of plant which is a controlled substance.
D.
Testing equipment primarily used, primarily
intended for use or primarily designed for use in identifying or in
analyzing the strength, effectiveness of purity of controlled substances.
E.
Scales and balances primarily used, primarily
intended for use or primarily designed for use in weighing or measuring
controlled substances.
F.
Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, primarily used, primarily
intended for use or primarily designed for use in cutting controlled
substances.
G.
Separation gins and sifters primarily used,
primarily intended for use or primarily designed for use in removing
twigs and seeds from or in otherwise cleaning or refining marijuana.
H.
Blenders, bowls, containers, spoons and mixing
devices primarily used, primarily intended for use or primarily designed
for use in compounding controlled substances.
I.
Capsules, balloons, envelopes and other containers
primarily used, primarily intended for use or primarily designed for
use in packaging small quantities of controlled substances.
J.
Containers and other objects primarily used,
primarily intended for use or primarily designed for use in storing
or concealing controlled substances.
K.
Hypodermic syringes, needles and other objects
primarily used, primarily intended for use or primarily designed for
use in parenterally injecting controlled substances into the human
body.
L.
Objects primarily used, primarily intended for
use or primarily designed for use in ingesting, inhaling or otherwise
introducing marijuana, cocaine, hashish or hashish oil into the human
body, such as:
(1)
Metal, wooden, acrylic, glass, stone, plastic
or ceramic pipes, with or without screens, permanent screens, hashish
heads or punctured metal bowls.
(3)
Carburetion tubes and devices.
(4)
Smoking and carburetion masks.
(5)
Roach clips, meaning objects used to hold burning
material, such as a marijuana cigarette, that has become too small
or too short to be held in the hand.
(6)
Miniature cocaine spoons and cocaine vials.
M.
Cocaine spoon, which is a spoon with a bowl
so small that the primary use for which it is reasonably adopted or
designed is to hold or administer cocaine, and which is so small as
to be unsuited for the typical, lawful uses of a spoon. A cocaine
spoon may or may not be labeled as a "cocaine spoon" or "coke spoon."
N.
Marijuana or hashish pipe, which is a pipe characterized
by a bowl which is so small that the primary use for which it is reasonably
adopted or designed is the smoking of marijuana or hashish, rather
than the lawful smoking of tobacco, and which may or may not be equipped
with a screen.
Any person who is convicted of violating any
provision of this article is guilty of an unclassified misdemeanor.
[Adopted 5-3-2011 by L.L. No. 3-2011]
This article shall be known as the "Salvia Divinorum Ban."
As used in this article, the following terms shall have the
meanings indicated:
COUNTY
The County of Rockland, New York.
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.
No person shall sell or offer for sale salvia divinorum within
the County to persons under the age of 18.
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 §
235-8 shall be guilty of a Class A misdemeanor, punishable by a fine of up to $1,000.00 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 may be enforced by
any law enforcement agency having jurisdiction to act in the County
of Rockland, by either the arrest of or the issuance of a summons
to a party violating the provisions of this article and requiring
his/her appearance before a court of competent jurisdiction.
This article shall be null and void on the day that statewide
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 Rockland.
The County Legislature may determine by resolution whether or not
identical or substantially similar statewide legislation or pertinent
preempting state or federal regulations have been enacted for the
purposes of triggering the provisions of this section.