[Adopted 7-7-2015 by L.L.
No. 1-2015]
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, 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:
A.
1-pentyl-3-(1-naphthoyl) indole; some trade or other names:
JWH-018.
B.
1-butyl-3-(1-naphthoyl) indole; some trade or other names: JWH-073.
C.
1-[2-(4-morpholinyl) ethyl]-3-(1-naphthoyl) indole; some trade
or other names: JWH-200.
D.
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
some trade or other names: CP 47,497.
E.
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
some trade or other names: cannabicyclohexanol; CP-47,497 C8- homolog;
or
F.
4-methylmethcathinone (Mephedrone).
G.
3, 4-methylenedioxypyrovalerone (MDPV).
H.
3,4-Methylenedioxy-N-methylcathinone, commonly known as "Methylone."
L.
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.
M.
Any substance prohibited under federal law pursuant to the Synthetic
Drug Abuse Prevention Act of 2012.
N.
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 a synthetic drug as described above;
(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.
O.
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 Oneida, 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.
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 Oneida in a civil action
or proceeding.