[HISTORY: Adopted by the Board of Trustees of the Village
of Central Square 11-19-2012 by L.L. No. 3-2012. Amendments noted where
applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 58.
This Chapter 92 shall be known as the "Drug Paraphernalia, Synthetic Drugs and Similar Substances Prohibited."
As used in this chapter, the following terms shall have the
meanings indicated:
Any location, whether indoors or outdoors, at which merchandise
is offered for sale.
Those controlled substances set forth in the United States
Code (at 21 U.S.C. §§ 801 to 971) as such now exist
or may hereafter be amended.
To show to a patron or to place in a manner so as to be available
for viewing or inspection by a patron.
To transfer ownership or a possessory interest to another,
whether for consideration, as a gratuity or gift, for consignment,
or otherwise.
Any of the following:
Any item, whether useful for non-drug-related purposes or not,
which is displayed, grouped with other items, advertised, or promoted
in a manner to reasonably suggest its usefulness in the growing, harvesting,
processing, manufacturing, preserving, inhaling, injecting, or ingesting
of marijuana, hashish, cocaine, methamphetamine, or any controlled
substance.
Any item, whether useful for non-drug-related purposes or not,
which is designed, decorated, adorned, packaged, or displayed in a
manner to reasonably suggest its usefulness in the growing, harvesting,
processing, inhaling, injecting, or ingesting of marijuana, hashish,
cocaine, methamphetamine, or any controlled substance.
Any item defined by any statute of the United States Code (at
21 U.S.C. §§ 801 to 971) as drug paraphernalia.
The term "drug paraphernalia" includes, without limitation,
all equipment, products, and materials of any kind, whether useful
for non-drug-related purposes or not, which are used, intended for
use, or designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing
into the human body a controlled substance. "Drug paraphernalia" includes,
but is not limited to, objects used, intended for use, or designed
for use in ingesting, inhaling, or otherwise introducing marijuana,
cocaine, hashish, or hashish oil into the human body, such as:
Kits used, intended for use, or primarily designed for use in
the planting, propagating, cultivating, growing, or harvesting of
any species of plant which is a controlled substance or from which
a controlled substance or unlawful drug can be derived.
Kits used, intended for use, or primarily designed for use in
the manufacturing, compounding, converting, producing, processing,
or preparing of unlawful drugs or controlled substances.
Isomerisation devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is an
unlawful drug or controlled substance.
Testing equipment used, intended for use, or designed for use
in identifying or analyzing the strength, effectiveness, or purity
of unlawful drugs or controlled substances.
Scales and balances used, intended for use, or designed for
use in weighing or measuring unlawful drugs or controlled substances.
Diluents and adulterants, such as quinine hydrochloride, mannitol/mannite,
dextrose, and lactose used, intended for use, or designed for use
in cutting or thinning unlawful drugs or controlled substances.
Separation gins and sifters used, intended for use, or designed
for use in removing twigs and seeds from, or in otherwise cleaning
or refining, marijuana or other controlled substance.
Blenders, bowls, containers, spoons, and mixing devices used,
intended for use, or designed for use in compounding unlawful drugs
or a controlled substance.
Capsules, balloons, envelopes, and other containers used, intended
for use, or designed for use in packaging small quantities of unlawful
drugs.
Containers and other objects used, intended for use, or designed
for use in storing or concealing unlawful drugs.
Hypodermic syringes, needles, and other objects used, intended
for use, or designed for use in parenteral injection of unlawful drugs
or controlled substances into the human body.
The phrase "designed primarily for" in Subsection D of this definition means a device which has been fabricated, constructed, altered, adjusted, or marked especially for use in the smoking, ingestion, or consumption of marijuana, hashish, hashish oil, cocaine, or any other controlled substance and is peculiarly adapted to such purposes by virtue of a distinctive feature or combination of features associated with drug paraphernalia, notwithstanding the fact that it might also be possible to use such device for some other purpose. Such drug paraphernalia includes, but is not limited to, the following items or devices:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes,
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips: meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand; whether the device is known as a "roach clip"
or otherwise;
Miniature cocaine spoons, cocaine vials, or any spoon used,
intended for use, or primarily designed for ingestion of a controlled
substance;
Chamber pipes;
Carburettor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers;
Wired cigarette papers;
Cocaine freebase kits;
A device constructed so as to prevent the escape of smoke into
the air and to channel smoke into a chamber where it may be accumulated
to permit inhalation or ingestion of larger quantities of smoke than
would otherwise be possible, whether the device is known as a "bong"
or otherwise;
A device constructed so as to permit the simultaneous mixing
and ingestion of smoke and nitrous oxide or other compressed gas,
whether the device is known as a "buzz bomb" or otherwise;
A canister, container, or other device with a tube, nozzle,
or other similar arrangement attached thereto so constructed as to
permit the forcing of smoke accumulated therein into the user's
lungs, under pressure, whether the device is known as a "power hitter"
or otherwise;
A straw or tube for ingestion of a controlled substance through
the nose or mouth; and
A smokable pipe constructed with a receptacle or container in
which water or other liquid may be placed into which smoke passes
and is cooled in the process of being inhaled or ingested.
In determining whether an object is drug paraphernalia, a court,
hearing officer, or other authority may consider the following, in
addition to the foregoing and all other logically relevant factors:
Statement by an owner or by anyone in control of the object
concerning its use;
Proximity of the object to controlled substances on the object;
Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver to persons whom
he or she knows, or reasonably should know, intend to use the object
to facilitate a violation of the laws of the State of New York or
the United States relating to controlled substances;
Descriptive materials or instructions, written or oral, accompanying
the object, which explain or depict its use;
National and local advertising concerning its use;
The manner in which the object is displayed for sale, including
its proximity to other objects falling within the definition of "drug
paraphernalia";
The existence and scope of legitimate uses for the object in
the community; and
Expert testimony concerning its use, including testimony from
law enforcement personnel regarding their knowledge and experience
concerning its use.
To fabricate, make, produce, create, assemble, modify, adapt,
or turn out.
A person who enters a business for the purpose of purchasing,
or viewing as a shopper, merchandise offered for sale at the business.
A natural person or any firm, partnership, association, corporation,
or cooperative association.
Certain synthetic, herbal or natural substances or products
as described more specifically in the following Subsections (1) to
(10), and any product, whether described as tobacco, potpourri, herbs,
incense, spice, aromatic, bath salts or synthetic drugs, synthetic
marijuana, amphetamines or other stimulants, or any combination thereof,
and whether marketed for the purpose of being smoked, ingested, in
solid or liquid form, transdermally applied, or otherwise, and which
includes, but is not limited to, one or more of the following substances:
1-Penty 1-3-(1-naphthoyl) indole; some trade or other name:
JWH-018;
1-Buty 1-3-(l-naphthoyl) indole; some trade or other name: JWH-073;
1-[2-(4-morpholinyl) ethyl]-3-(1-naphthoyl) indole; some trade
or other names: JWH-200;
5-(1, 1-dimenthyloctyl)-2-[(1R, 3S)-3-hydroxycyclohexyl]-phenol;
some trade or other names: CP-47, 497;
5-(1, 1-dimenthyloctyl)-2-[(1R, 3S)-3-hydroxycyclohexyl]-phenol;
some trade or other names: cannabicyclohexanol; CP-47, 497 C8 homologue;
Any other nonprescription substance or compound developed prior
to or subsequent to the adoption of this section that has a chemical
structure and/or pharmacological effect substantially similar to,
or which otherwise mimics, the active ingredient of:
Any substance prohibited in an order for summary action in the
matter of the sale and distribution of synthetic cannabinoids issued
by the New York State Department of Health dated March 28, 2012, and/or
any similar order or directive subsequently issued by the State of
New York Department of Health or federal authority.
Any substance with a synthetic drug and similar substance analog,
which shall mean a substance:
Where the chemical structure of which is substantially similar
to the chemical structure of a synthetic drug and similar substance
as described above;
Which has a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to or
greater than the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a synthetic drug and similar substance
as described above; and
With respect to a particular person, a substance which such
person represents or intends to have a stimulant, depressant, or hallucinogenic
effect on the central nervous system that is substantially similar
to or greater than the stimulant, depressant, or hallucinogenic effect
on the central nervous system of a synthetic drug and similar substance
as described above.
Psychoactive herbal incense and psychoactive herbal incense
products as defined under Local Law No. 5 of 2012 of the County of
Oswego.
Any other nonprescription substance or compound developed prior to or subsequent to the adoption of this Chapter 92, and which the State of New York or United States of America, political subdivision or agency thereof, including the County of Oswego, has otherwise defined as, or determined is of comparable effect as that of a synthetic drug and similar substance as described above, and/or any analog, derivatives, such substances and their isomers with similar chemical structure or any chemical alteration of the foregoing which exhibit the same effects and/or any other substantially similar chemical structure or compound.
A.
It is unlawful for any person to deliver, possess with intent to
deliver, or manufacture with intent to deliver drug paraphernalia,
knowing, or under circumstances where one reasonably should know,
that it will be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze,
pack, repack, store, contain, conceal, inject, ingest, inhale, or
otherwise introduce into the human body a controlled substance.
B.
It is unlawful for any person to place in any newspaper, magazine,
handbill, or other publication any advertisement, knowing, or under
circumstances where one reasonably should know, that the purpose of
the advertisement, in whole or in part, is to promote the sale of
drug paraphernalia.
A.
No person shall sell, offer for sale, give away, barter, exchange
or otherwise furnish or provide any synthetic drug and similar substance
in the Village of Central Square.
B.
No person shall be in the possession of any synthetic drug and similar
substance within the Village of Central Square, unless said synthetic
drug and similar substance are 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 and similar substance is able to provide written
proof to the law enforcement officer(s) that the synthetic drug and
similar substance was so prescribed.
C.
No person shall use or be determined to have used or been under the
effect(s) of such synthetic drug and similar substance within the
Village of Central Square, unless such synthetic drug and similar
substance are 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 and similar
substance is able to provide written proof to the law enforcement
officer(s) that the synthetic drug and similar substance was so prescribed.
A.
Subject to the provisions of § 92-5B and C, any person who violates any provisions of § 92-3A or B or § 92-4A, B or C, commits an unclassified misdemeanor punishable by a fine of not more than $500 and confinement of up to 15 days or a combination of fine and confinement. It shall be no defense to a prosecution for a charge under this section that the person acted, or was believed by the defendant to act, as agent or representative of another. Provided, that nothing in this section prohibits legal distribution of injection syringe equipment through public health and community-based HIV prevention programs.
B.
Any person 18 years of age or over who violates § 92-3A or 92-4A by delivering drug paraphernalia or synthetic drugs and similar substances to a person under 18 years of age who is at least three years his or her junior is guilty of a Class A misdemeanor. Upon conviction, said person shall be punished by a fine of not more than $1,000 and confinement of up to one year, or a combination of a fine and confinement.
C.
Any person who violates § 92-3A or B, or § 92-4A and has previously been found to have committed an infraction under any of those sections within the most recent twenty-four month period shall be guilty of committing a Class A misdemeanor. Upon conviction, said person shall be punished by a fine of not more than $1,000 and confinement of up to one year, or a combination of a fine and confinement.
