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.
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.