[HISTORY: Adopted by the Board of Trustees of the Village of Whitesboro as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-15-2012 by L.L. No. 3-2012]
As used in this article, the following terms shall have the meanings indicated:
- SYNTHETIC DRUG
- Any product, whether described as tobacco, potpourri, herbs, incense, spice, aromatic, or any combination thereof, and whether marketed for the purpose of being smoked or otherwise marketed, which includes, but is not limited to, one or more of the following hallucinogenic substances:
- A. 1-Penty 1-3 (1-naphtheyl) indole; some trade or other names: JWF-018; or
- B. 1-Butyl 1-3 (1-naphtheyl) indole; some trade or other names: JWH-073; or
- C. 1-[2-(4-morpholinyl) ethyl]-3-(1-naphthel) indole; some trade or other names: JWH-200; or
- D. 5-(1, 1-dimethyloctyl)-2-[1R, 3S)-3-hydroxycyclohexyl]-phenol; some trade or other names: cannabicyclohexanol; CP-47, 497 C8 homologue; or
- E. Any other nonprescription substance or compound developed prior to or subsequent to the adoption of this article that has a chemical structure and/or pharmacological effect substantially similar to, or which otherwise mimics the active ingredients of:
No person shall sell, offer for sale, give away, barter, exchange, or otherwise furnish or provide any synthetic drug in the Village of Whitesboro, New York.
No person shall be in possession of any synthetic drug within the Village of Whitesboro, New York, 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.
Any person who violates any of the requirements of this article shall be subject to a minimum fine of $500 and a maximum fine of $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. Each day any violation shall continue shall constitute a separate violation.