City of Yonkers, NY Article III Synthetic Cannabinoids

[Adopted 6-23-2015 by L.L. No. 14-2015]

§ 71-12 Definitions.

As used in this article, the following terms have the following meanings:

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-naphthoyl) indole; some trade or other names: JWH-018; or

B. 1-butyl 1-3-(1-naphthoyl) indole; some trade or other names: JWH-073; or

C. 1-[2-(4-morpholinyl) ethyl]-3-(1-naphthoyl) 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; CP-47, 497; or

E. 5-(1, 1-dimethyloctyl)-2-[(1R, 3S)-3-hydroxycyclohexyl]-phenol; some trade or other names; cannabicyclohexanol; CP-47, 497 C8 homologue; or

F. Any other nonprescription substance or compound developed prior to or subsequent to the adoption of this section that has a chemical structure and/or pharmacological effect substantially similar to, or which otherwise mimics, the active ingredient of:

(1) Marijuana, or tetrahydrocannabinol (THC);

(2) Cocaine, opium, heroin or any other controlled substance or any other nonprescribed medication or substance.

§ 71-13 Sale restricted.

No person shall sell, offer for sale, give away, barter, exchange or otherwise furnish or provide any synthetic drug in the City of Yonkers.

§ 71-14 Possession restricted.

No person shall be in the possession of any synthetic drug within the City of Yonkers 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.

§ 71-15 Reverse preemption.

This article shall be null and void when statewide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the City of Yonkers. The City Council shall determine whether or not identical or substantially similar statewide or federal legislation has been enacted for the purposes of triggering the provisions of this section.

§ 71-16 Severability.

If any section, subsection, clause, phrase or other portion of this article is, for any reason, declared invalid, in whole or part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate and distinct and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect.

§ 71-17 Penalties for offenses.

A person who is convicted of any prohibited act under this article shall be guilty of a Class I offense. With regard to the sale of synthetic drugs, each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.