[Adopted 3-22-2011 by L.L. No. 4-2011]
A. 
The City Council of the City of Yonkers hereby intends to exercise its powers to protect the health and safety of its residents, and in particular its younger and most vulnerable residents, from the increasing number of dangerous substances that are readily available.
B. 
This City Council hereby finds and determines that Salvia divinorum, also known as "Salvia," "Diviner's Sage" or "Maria Pastora," or other names is a powerful psychoactive herb which can be smoked or chewed to produce hallucinogenic effects or visionary states.
C. 
This City Council also finds that Salvia divinorum like marijuana can be smoked to produce a state of intoxication. Users have reported that salvia produces hallucinations that reportedly can be more powerful than LSD.
D. 
This City Council also finds and determines that Salvia divinorum is native to the area of southern Mexico, and has historically been utilized for its medicinal properties. In recent years, with the help of the Internet, the leaves of Salvia divinorum, or the entire plant, have become available almost anywhere in the United States.
E. 
This City Council further finds and determines that recent media reports have uncovered that Salvia divinorum is being abused by individuals, especially teenage children, in order to self-medicate for depression.
F. 
This City Council finds that the parents of a Delaware student are currently suing a distributor of Salvia divinorum, claiming that their son's use of Salvia divinorum was the cause of his depression which is alleged to have eventually resulted in his death by suicide.
G. 
This City Council determines that the long-term effects of Salvia divinorum are unknown, but it has been shown to cause dysphoria in humans, which, in the context of an underlying mood disorder, indicates a heightened risk of suicide.
H. 
This City Council also finds that several states, and many countries across the world, are taking action to try to curb the abuse of Salvia divinorum, especially by younger children, in order to prevent any harm as a result of its use.
I. 
Therefore, the purpose of this article is to prohibit the possession, distribution and sale of Salvia divinorum in the City of Yonkers.
As used in this article, the following terms shall have the meanings indicated:
SALVIA DIVORNUM (hereinafter "salvia")
A material, compound, mixture or preparation in any form that contains the component salvinorin A, and is known variously as "Salvia," "Salvia divinorum," "Ska Pastora," "Diviner's Mint," "Sally-D," "Diviner's Sage," "Maria Pastora," "Sage of the Seers," "The Key," "Purple Salvia," "Purple Haze," "Lady Salvia" or any other name whether sold as a whole plant, loose leaves, or as a concentrated extract of the chemical salvinorin A.
SALVIA PARAPHERNALIA
Equipment, a product, or material that is used, intended for use, or designed for use, in:
A. 
Planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing salvia; or
B. 
Injecting, ingesting, inhaling or otherwise introducing salvia into the human body.
It shall be unlawful to:
A. 
Sell, offer to sell or give away as either a retail or wholesale promotion, possess or administer salvia to another person.
B. 
Manufacture, distribute, or dispense salvia.
C. 
Distribute or attempt to distribute a noncontrolled substance:
(1) 
That the person represents is salvia;
(2) 
That the person intends for use or distribution as salvia; or
(3) 
Under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as salvia.
D. 
Possess or purchase a noncontrolled substance that the person reasonably believes is salvia.
E. 
Use or possess with intent to use salvia paraphernalia.
F. 
Offer for sale, deliver, sell or distribute salvia paraphernalia.
G. 
Own, rent or otherwise utilize a store, dwelling, building or other facility for:
(1) 
The purpose of administering, selling, displaying, distributing, possessing, or dispensing salvia; or
(2) 
Manufacturing, distributing, dispensing, storing or concealing salvia paraphernalia.
Nothing in this article shall apply to nonprescription over-the-counter drugs approved or regulated by the Federal Food and Drug Administration.
This article shall be null and void when 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 City of Yonkers. The City Council shall determine whether or not identical or substantially similar statewide or federal legislation has been enacted for the purposes of triggering the provisions of this section.
If any clause, sentence, paragraph, subdivision, section, or part of this article or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this article, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.