[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:
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:
1-Penty 1-3 (1-naphtheyl) indole; some trade or other names:
JWF-018; or
1-Butyl 1-3 (1-naphtheyl) indole; some trade or other names:
JWH-073; or
1-[2-(4-morpholinyl) ethyl]-3-(1-naphthel) indole; some trade
or other names: JWH-200; or
5-(1, 1-dimethyloctyl)-2-[1R, 3S)-3-hydroxycyclohexyl]-phenol;
some trade or other names: cannabicyclohexanol; CP-47, 497 C8 homologue;
or
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:
[Amended 11-8-2021 by L.L. No. 2-2021]
Cocaine, opium, heroin, or any other controlled substance or
any other nonprescribed medical or substance.
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.
