[HISTORY: Adopted by the Legislature of the County of Monroe
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-12-2013 by L.L. No. 4-2013]
This article shall be known as the law "Prohibiting the Sale,
Use or Possession of Synthetic Drugs and Other Similar Compounds."
The Legislature finds that:
A.
Monroe County, along with communities throughout the country, has
experienced increased crimes, emergency room cases, illnesses and
deaths linked to the use and abuse of synthetic "designer" drugs and
other similar substances or compounds;
B.
Such products are being openly sold and marketed in Monroe County;
C.
While several state legislatures have banned the sale, use and possession
of these substances, the New York State Legislature has not done so;
D.
The health, safety and well-being of the citizens of Monroe County
is furthered by prohibiting the sale, use or possession of these substances.
The purpose of this article is to prohibit the sale, use or
possession of synthetic drugs and other similar compounds in Monroe
County.
As used in this section:
A compound produced by adding an element or chemical group
to the ring or aliphatic chain of an existing chemical. The novel
chemicals produced are often not subject to existing laws or regulations.
A small combination of elements. Commonly used chemical groups
added to synthetic drugs include: CH3 (Methyl),
CH3CH2 (Ethyl), CH3O (methoxy), OCH2O (Methylenedioxy),
etc.
Any substance in the periodic table of elements. Commonly
used elements added to synthetic drugs include: F (Fluorine), Cl (Chlorine),
Br (Bromine), I (Iodine), etc.
An optical or positional isomer of a chemical derivative
of any drug listed in § 3306 of the New York Public Health
Law (Controlled Substances Act) or any of the substances specifically
listed in this article (with the exception of those substances approved
by the Food and Drug Administration for use as pharmaceuticals).
Any product, whether described as tobacco, potpourri, herbs,
incense, spice, aromatic, bath salts, synthetic marijuana, synthetic
stimulant or any combination thereof, and whether marketed for the
purpose of being ingested otherwise marketed which includes, but is
not limited to, one or more of the following hallucinogenic substances:
SYNTHETIC CANNABINOIDSAny substance that is a cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding studies and function assays or is a structural analog or chemical derivative of any listed compound, as follows:
2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol.
4-methoxyphenyl-[2-methyl-1-(2-morpholin-4-ylethyl)indol-3-yl]methanone.
[(3R)-5-Methyl-3-(morpholin-4-ylmethyl)-2,3-dihydro{1,4}oxazino[2,3,4-hi]indol-6-yl](naphthalene-1-yl)methanone
(2-Methyl-1-pentyl-1H-indol-3-yl)(naphthalen-1-yl)methanone
(2-Methyl-1-propyl-1H-indol-3-yl)(naphthalene-1-yl)methanone
Naphthalen-1-yl[1-(pen-4-en-1-yl)-1H-indol-3-yl]methanone
1-pentyl-3-(4-ethyl-1-naphthoyl)indole
[(1-pentylindol-3-yl)napthalen-1-yl]methane
(1-Pentyl-1H-indol-3-yl)(4-propylnaphthalen-1-yl)methanone
3-[(4-methyl-1-naphthaleny)methyl]-1-pentyl-1H-indole
1-([(1E)-3-pentylinden-1-ylidine]methyl)naphthalene
2-(2-methylphenyl)-1-(1-pentyl-1H-indol-e-yl)ethanone
2-(3-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone
[5-(2-fluorophenyl)-1-pentylpyrrol-3-yl]-(naphthalen-1-yl)methanone
1-pentyl-3-(2-iodobenzoyl)indole
[1-[(1-Methyl-2-piperidinyl)methyl]-3-indolyl]-(1-naphthalenyl)methanone
1-[(N-methylpiperidin-2-yl)methyl]3-(adaman-1-oyl)indole
(2-lodophenyl){1-[1-methylpiperidin-2-yl)methyl]-1H-indol-3-yl}methanone
(1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
[1-(5-Fluoropentyl)-1H-indol-3-yl])2,2,3,3-tetramethylcyclopropyl)methanone.
Unless specifically exempted or unless listed in another schedule,
or approved for use by the Food and Drug Administration as a legitimate
pharmaceutical compound, any material, compound, mixture, or preparation
which contains any quantity of the above-listed compounds, or which
contains their salts, isomers, and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible within the
specific chemical designation or contains a structural analog or chemical
derivative of any of the listed compounds.
SUBSTITUTED CATHINONESAny substance that is a structural analog cathinone, including any chemical derivatives of cathinone which by definition has a structural substitution on the benzene ring or aliphatic chain or contains a structural analog or chemical derivative of any of the listed compounds, as follows:
4-Methoxymethcathinone.
3-Fluoromethcathinone.
4-Fluoromethcathinone.
2-Methylmethcathinone.
3-Methylmethcathinone.
2-Ethylethcathinone.
3-Ethylethcathinone.
4-Ethylethcathinone.
2-Methylethcathinone.
3-Methylethcathinone.
4-Methylethcathinone.
4-Fluoroethcathinone.
Ethylmethcathinone.
β-Keto-methylbenzodioxolylpentanamine.
2-(methlamino)-1-phenylpentan-1-one.
α-Pyrrolidinopentiophenone.
3,4-methylenedioxy-N-ethylcathinone.
α-Pyrrolidinopropiophenone.
3,4-Methylenedioxy-α pyrrolidinopropiophenone.
(RS)-1-naphthalen-2-yl-2-pyrrolidin-1-ylpentan-1-one.
Unless specifically exempted or unless listed in another schedule,
or approved for use by the Food and Drug Administration as a legitimate
pharmaceutical compound, any material, compound, mixture or preparation
which contains any quantity of the above listed compounds, or which
contains their salts, isomers and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible within the
specific chemical designation.
SUBSTITUTED PHENETHYLAMINESAny substance that is a structural analog of any phenethylamine scheduled in the Public Health Law, including any chemical derivatives of scheduled phenethylamines which by definition have a structural substitution on the benzene ring or aliphatic chain or contain a structural analog of any of the listed compounds, as follows:
4-Methylamphetamine.
3-Methylamphetamine.
4-Chloroamphetamine.
4-Fluoroamphetamine.
2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine.
2-(4-iodo-2,5-dimethoxyphenyl)-N[(2-methoxyphenyl)methyl]ethanamine.
1-(6-Benzofuranyl)-2-propanamine (MDA with a O>C ring substitute).
Unless specifically exempted or unless listed in another schedule,
or approved for use by the Food and Drug Administration as a legitimate
pharmaceutical compound, any material, compound, mixture, or preparation
which contains any quantity of the above listed compounds, or which
contains their salts, isomers, and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible within the
specific chemical designation.
SUBSTITUTED PHENYLPIPERAZINESAny substance that is a chemical analog of benzylpiperzine (a Schedule I Controlled Substance) or any chemical derivatives of benzylpiperazine which by definition has a structural substitution on the benzene or piperazine ring or contains a structural analog of any of the listed compounds, as follows:
Trifluromethylphenylpiperazine.
Meta-Chlorophenylpiperazine.
Para-Chlorophenylpiperazine.
Para-Fluorophenylpiperazine.
4-Methoxyphenylpiperzine.
Dibenzylpiperazine.
Unless specifically exempted or unless listed in another schedule,
or approved for use by the Food and Drug Administration as a legitimate
pharmaceutical compound, any material, compound, mixture, or preparation
which contains any quantity of the above listed compounds, or which
contains their salts, isomers, and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible within the
specific chemical designation.
SUBSTITUTED TRYPTAMINESAny substance that is a structural analog of dimethyltryptamine, or Psilocin, (Schedule I Controlled Substances) or any chemical derivative of demethyltryptamine which by definition has a structural substitution on the indole ring of aliphatic chain or contains a structural analong of any of the listed compounds, as follows:
5-MeO-DALT.
Unless specifically exempted or unless listen in another schedule,
or approved for use by the Food and Drug Administration as a legitimate
pharmaceutical compound, any material, compound, mixture, or preparation
which contains any quantity of the above listed compounds, or which
contains their salts, isomers, and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible within the
specific chemical designation.
A.
It shall be unlawful for any person to use, sell or otherwise furnish
or provide any synthetic drug in Monroe County.
B.
It shall be unlawful for any person to possess any synthetic drug
in Monroe County, unless said synthetic drug is expressly prescribed
to said person by a physician, psychiatrist or person otherwise duly
licensed and authorized to prescribe medication within the State of
New York, and at the time of the alleged violation, the person in
possession of the synthetic drug is able to provide written proof
to the law enforcement officer(s) that the synthetic drug was so prescribed.
A.
Any person violating the provisions of this article shall be guilty
of an unclassified misdemeanor punishable by a fine of up to $1,000
and/or imprisonment of up to one year. Each such violation shall constitute
a separate and distinct offense.
B.
This article shall be enforced by any local law enforcement agency
having jurisdiction.
If any clause, sentence, paragraph, section or article of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such determination shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraphs, section or article thereof directly
involved in the proceeding in which such adjudication shall have been
rendered.
This article shall be null and void on the day that statewide
or federal legislation goes into effect incorporating either the same
or substantially similar provisions as are contained in this law,
or in the event that a pertinent state or federal administrative agency
issues and promulgates regulations preempting such action by Monroe
County. The County Legislature may determine, by resolution, whether
or not identical or substantially similar statewide or federal legislation
or pertinent preempting state or federal regulations have been enacted
for the purposes of triggering the provisions of this section.
