[Adopted 4-26-2011 by L.L. No. 23-2011]
A.
This Legislature hereby finds and determines that a new type of product
has recently become widely available in the United States which is
being marketed as "bath salts." This Legislature also finds and determines
that these "bath salts" are actually powdered synthetic cocaine intended
for ingestion as a hallucinogen but marketed specifically to avoid
federal regulations. This Legislature determines that, in addition
to being marketed as "bath salts," these chemicals are being marketed
as plant food, pond scum remover, odorizer and growth stimulator.
B.
This Legislature further finds and determines that "bath salts" contain
one or more of the following synthetic chemicals: 3, 4-methylenedioxymethcathinone,
commonly known as "methylone"; 3, 4-methylenedioxypyrovalerone, commonly
known as "MDPV"; 4-methylmethcathinone, commonly known as "mephedrone";
3-methoxymethcathinone; 3-methoxymethcathinone; and 4-fluoromethcathinone.
This Legislature finds that MDPV and mephedrone are similar to cathinone,
a chemical found in the khat plant in Africa. Cathinone is a stimulant
extracted from khat leaves, similar to cocaine.
C.
This Legislature also finds that human consumption of "bath salts"
and similar products containing these chemicals can cause hallucinations,
psychosis, increased heart rate, chest pain, agitation, anxiety, extreme
paranoia, delusions, suicidal thoughts, violent behavior, nausea and
vomiting. This Legislature further finds that use of these chemicals
has also been linked to multiple suicides in the United States.
D.
This Legislature also determines that the States of Louisiana and
Florida, as well as many counties, towns and local municipalities
across the United States, have banned the sale of these chemicals.
Several other states are considering similar action.
E.
This Legislature further determines that Suffolk County should ban
the sale of these chemicals and any products containing these chemicals
to protect the health, safety and welfare of County residents.
F.
Therefore, the purpose of this article is to ban the sale of 3,4-methylenedioxymethcathinone,
3,4-methylenedioxypyrovalerone, 4-methylmeth- cathinone, 3-methoxymethcathinone,
3-fluoromethcathinone, and 4-fluoromethcathinone in the County of
Suffolk.
As used in this article, the following terms shall have the
meanings indicated:
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]
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 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.
