[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:
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.
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:
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.
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.
A person who is convicted of any prohibited act under this article
shall be guilty of a Class I offense.
