[HISTORY: Adopted by the Board of Trustees of the Village of Saugerties as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-16-2012 by L.L. No. 2-2012]
The purpose of this article is to protect the public interest, welfare, health and safety of citizens within the Village of Saugerties by prohibiting the sale, and distribution of synthetic drugs and synthetic marijuana in local retail shops, and prohibiting the purchase of synthetic marijuana and synthetic drugs via Internet and mail order, and prohibiting the possession of synthetic marijuana and synthetic drugs.
The medical experts at the America's 57 poison control centers first raised the alarm about synthetic marijuana in 2009 and bath salts in 2010 after they started receiving calls about people having serious, life-threatening reactions to the substances. In 2010, poison centers nationwide responded to 3,200 calls related to synthetic drugs. In 2011, that number jumped to more than 13,000 calls. Sixty percent of the cases involved patients 25 and younger.
It has come to the attention of the Village Board that these products are being openly sold and marketed throughout the Village. According to an investigation by the Town Supervisor, several shops in Saugerties are in fact selling these products at local convenience stores. Unlike cigarettes, there is no age restriction placed on the sale of these substances; reports by concerned citizens have confirmed that local stores are currently selling these substances to minors. Products are typically mislabeled and often do not contain accurate lists of ingredients.
These synthetically produced substances are sometimes sold and sometimes purchased under the common brand names (including but not limited to): herbal incense, K2, Spice, Spice Gold, Hayze, Spike 99, Zohan, Genie, Yucatan Fire, Funky Monkey, California Dreams, Train Wreck, and herbal smoking blends, incense blends, Barely Legal potpourri, Zohai, King Cobra, Stimulus, Black Mamba, Armageddon, Outer Limits herbal incense, "salts" and "bath salts," "plant food," White Girl, Eight Ballz, Tranquility, and other combinations of synthetic and herbal blends.
The Saugerties Village Board further finds that the continued sale of these substances poses a significant risk to those who use it by creating addiction and producing a drug-like high with dangerous side effects, including hallucinations, erratic behavior, psychotic episodes (sometimes prolonged), intense anxiety that may lead to suicide, vomiting, increased heart rate and elevated blood pressure, hyperthermia, convulsions, heart attacks, multi-organ system failure, and death. Using these substances has resulted in recent ambulance calls and hospitalizations for local youth.
For the purposes of this article, "synthetic cannabinoid" and "synthetic drug" shall mean any of the following chemical compounds and/or have a binding activity at one or more cannabinoid receptors or have been demonstrated to have binding activity at one or more cannabinoid receptors:
Generic language. The term "cannabimimetic agents" means, collectively, the chemicals that meet the criteria of any one or more of Subsection B(1) through (5). Any substance within the structural classes identified below that is a cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding studies and functional assays:
2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.
3-(1-naphthoyl)indole or 3-(1-naphthyl)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.
3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.
1-(1-naphthylmethyl)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.
3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.
- 2-(methylamino)-1-phenylbutan-1-one, also known as methylamino-butyrophenone.
- β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB).
- CATHINONE DERIVATIVES
- Any other cathinone substitutes defined as structural derivatives of cathinone.
- (RS)-2-ethylamino-1-phenyl-propan-1-one, also known as ethylpropion.
- (RS)-1-(4-fluorophenyl)-2-methylaminopropan-1-one, also known as 4-fluoromethcathinone, Flephedrone.
- (RS)-1-(Benzo[1,3]dioxol-5-yl)-2-(pyrrolidin-1-yl)pentan-1-one, also known as Methylenedioxypyrovalerone.
- (RS)-2-methylamino-1-(4-methylphenyl)propan-1-one, also known as 4-methylmethcathinone (4-MMC), or 4-methylephedrone.
- (±)-2-methylamino-1-(3,4-methylenedioxyphenyl)propan-1-one, also known as "M1", 3,4-methylenedioxy-N-methylcathinone, bk-MDMA, MDMC.
- (RS)-1-(3-fluorophenyl)-2-methylaminopropan-1-one, also known as 3-Fluoromethcathinone.
Prohibition against the sale and possession of synthetic cannabinoids and synthetic drugs.
No person, or entity, firm, corporation, partnership, association, limited liability company or other entity shall sell, offer to sell or give away, as either a retail or wholesale promotion, or possess, any product, which contains a synthetic cannabinoid or synthetic drug, which may also be referred to as street names and brand names (listed in § 90-1) except as authorized by Subsection B of this section.
Nothing in this section shall apply to nonprescription over-the-counter drugs approved or regulated by the federal food and drug administration.
It shall not be a defense that any person, or entity, firm, corporation, partnership, association, limited liability company or other entity that sold, offered for sale or gave away as either a retail or wholesale promotion synthetic cannabinoid or synthetic drugs under the guise of mislabeling such products as tobacco, incense, herbal blend, external use only, not for human consumption, lab certified, does not contain prohibited ingredients, "completely legal" or other such disclaimer language.
It shall not be a defense that any person, or entity, firm, corporation, partnership, association, limited liability company or other entity that sold, offered for sale or gave away as either a retail or wholesale promotion of synthetic cannabinoid or synthetic drugs without knowledge that it was a product containing a synthetic cannabinoid or synthetic drug, if such knowledge was reasonably discoverable.
A violation of § 90-3 of this article shall be punishable as follows:
First offense. Any person who violates § 90-3 of this article shall be guilty of a violation punishable by a fine not to exceed $250, where such violation constitutes the person's first offense.
Second offense. Any person who violates § 90-3 of this article, shall be guilty of a violation punishable by a fine of not less than $500, where such violation constitutes the person's second offense.
The provision of § 90-3 of this article shall not in any way affect the application of any other law, where appropriate, including, but not limited to, New York Penal Law § 260.10, Endangering the welfare of a minor, and § 260.20(2), Unlawfully dealing with a child.
This article shall apply to all actions occurring on or after the effective date of this article.
If any part or provision of this section is inconsistent with any federal or state statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.
If any part or provision of this section or the application thereof to any person or circumstance be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision of or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this section, or the application thereof to other persons or circumstances.