[HISTORY: Adopted by the Common Council of the City of Fulton as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-4-2012 by L.L. No. 4-2012]
As used in this article, the following terms shall have the meanings indicated:
- A. 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 or otherwise marketed, which includes, but is not limited to, one or more of the following hallucinogenic substances:
- (1) 1-pentyl-3-(1-naphthoyl) indole; some trade or other names: JWH-018; or
- (2) 1-butyl-3-(1-naphthoyl) indole; some trade or other names: JWH-073; or
- (3) 1-[2-(4-morpholinyl) ethyl]-3-(1-naphthoyl) indole; some trade or other names: JWH-200; or
- (4) 5-(1, 1-dimethyloctyl)-2-[(1R, 3S)-3-hydroxycyclohexyl]-phenol; some trade or other names: CP-47,497; or
- (5) 5-(1, 1-dimethyloctyl)-2-[(1R, 3S)-3-hydroxycyclohexyl]-phenol; some trade or other names: cannabicyclohexanol; CP-47,497, C8 homologue; or
- (6) 4-methylmethcathinone (mephedrone); or
- (7) 3, 4-methylenedioxypyrovalerone (MDPV); or
- (8) 3, 4-methylenedioxymethcathinone, commonly known as "methylone"; or
- (9) 3-methoxymethcathinone; or
- (10) 3-fluoromethcathinone; or
- (11) 4-fluoromethcathinone.
- B. 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 any similar order subsequently issued by the State of New York Department of Health.
- C. Any substance prohibited under federal law pursuant to the Synthetic Drug Abuse Prevention Act of 2012.
- D. Any synthetic drug analog, which shall mean a substance containing the following:
- (1) The chemical structure of which is substantially similar to the chemical structure of the synthetic drug as described above; or
- (2) 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 as described above; or
- (3) 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 as described above.
- E. In order to prevent the creation, possession and use of the drug commonly known as "water," the unauthorized use of embalming fluid or similar compounds is hereby prohibited within the City of Fulton, with such unauthorized use of embalming fluid or similar item defined herein and pursuant to § 3400 of the New York State Public Health Law and any applicable provision of federal law. For the purposes of this article, "embalming fluid" means any chemicals or substances manufactured primarily for use by licensed funeral directors, undertakers or embalmers, or registered residents, to prepare, disinfect or preserve, either hypodermically, arterially or by any other recognized means, the body of a deceased person for burial, cremation or other final disposition. In particular, such unauthorized use shall include dipping a marijuana or regular cigarette in embalming fluid.
No person shall sell, offer for sale, give away, barter, exchange or otherwise furnish or provide any synthetic drug, as defined herein and by any applicable federal or state law, in the City of Fulton, New York.
No person shall be in the possession of any synthetic drug, as defined herein and by any applicable federal or state law, within the City of Fulton, 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 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, or a civil penalty of $1,000 to be recovered by the City of Fulton in a civil action or proceeding.