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