No person, firm, corporation, partnership, association, limited
liability company or other entity shall sell, offer for sale, deliver,
knowingly possess, smoke, inhale, ingest, consume or be under the
influence of any product containing any material, compound, mixture,
or preparation which contains any quantity of synthetic cannabinoids,
their salts, isomers, and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible within the
specific chemical designation inside the Village of Fort Edward.
As used in this article, the following terms shall have the
meanings indicated:
SYNTHETIC CANNABINOID
A.
Any substance that is a cannabinoid receptor type 1 (CB1 receptor)
agonist as demonstrated by binding studies and functional assays within
the following structural classes:
(1)
2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position
of the phenolic ring by alkyl or alkenyl, whether or not substituted
on the cyclohexyl ring to any extent;
(2)
3-(1-naphthoyl) indole or 3-(1-naphthyl) indole by substitution
at the nitrogen atom of the indole ring, whether or not further substituted
on the indole ring to any extent, whether or not substituted on the
naphthoyl or naphthyl ring to any extent;
(3)
3-(1-naphthoyl) pyrrole by substitution at the nitrogen atom
of the pyrrole ring, whether or not further substituted in the indole
ring to any extent, whether or not substituted on the naphthoyl ring
to any extent;
(4)
1-(1-naphthylmethyl) indene by substitution of the 3-position
of the indene ring, whether or not further substituted in the indene
ring to any extent, whether or not substituted on the naphthyl ring
to any extent;
(5)
3-phenylacetylindole or 3-benzoylindole by substitution at the
nitrogen atom of the indole ring, whether or not further substituted
in the indole ring to any extent, whether or not substituted on the
phenyl ring to any extent; and
B.
Includes:
(1)
5-(1, 1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(CP-47,497);
(2)
5-(1, 1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(cannabicyclohexanol or CP-47,497 C8-homolog);
(3)
2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-5-(2-methyloctan-2-yl)phenol
(CP-55,940);
(4)
(2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenymethanone (JWH-015);
(5)
1-pentyl-2-methyl-3-(1-naphthoyl)indole (JWH-007);
(6)
1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678);
(7)
1-butyl-3-(1-naphthoyl)indole (JWH-073);
(8)
1-hexyl-3-(1-naphthoyl)indole (JWH-019);
(9)
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(10)
1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(11)
1-pentyl-3-(2methylphenylacetyl)indole (JWH-251 and JWH-302);
(12)
1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081);
(13)
1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
(14)
1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
(15)
4-methoxynapthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-098);
(16)
7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-164);
(17)
4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-210);
(18)
1-H-indol-3-yl-(1-naphthyl)methane (whether or not further substituted,
including but not limited to JWH-175 and JWH 184);
(19)
3-(1-naphthoyl)pyrrole (whether or not further substituted,
including but not limited to JWH-307);
(20)
1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201);
(21)
1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694);
(22)
1-pentyl-3-[(4-methoxy-benzoyl]indole (SR-19 and RCS-4);
(23)
1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and
RCS-8);
(24)
1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203);
(25)
(6aR, 10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a, 7, 10, 10atetrahydrobenzo [c]chromen-1-ol (HU-210);
(26)
(6aS, 10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,
7, 10, 10atetrahydrobenzo [c]chromen-1-ol (HU-211);
(27)
[(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-di
methyl-4-bicyclo[3.1.1]hept-3-enyl] methanol (HU-308);
(28)
(3-hydroxyl-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene-1,4-dione
(HU-331);
(29)
(R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo
[1,2,3-de)-1,4-benzoxazin-6-yl]-1-nepthalenylmethanone (WIN 55,212-2).
No person, firm, corporation, partnership, association, limited
liability company or other entity shall sell or offer for sale loose-leaf
incense in the Village of Fort Edward except as follows:
A. Every package of loose-leaf incense sold shall contain the warning
label in bold fourteen-point font that reads as follows: "This product
is not meant to be inhaled or ingested. The side effects of ingestion
or inhalation are unknown."
B. All packages of loose-leaf incense shall be labeled with each ingredient
present in the product, including but not limited to all chemicals
and additives contained therein.
C. Loose-leaf incense includes loose potpourri, loose herbal incense,
herbal smoking blends, or similarly dried or compacted, leafy substances
sold or marketed, directly or indirectly, as a relaxation, smoking,
or herbal enhancement product. Herbal dietary supplements or remedies
and United States Food and Drug Administration approved herbal teas
or products are not included as loose-leaf incense under this section.
Violations of this article shall be punishable as set out below.
Each violation of this article, or every day a violation continues
to exist, shall constitute a new, separate, and distinct violation.
A. First violation. Any person who knowingly violates this article shall
be guilty of a violation punishable by a fine up to $250, and/or up
to 30 days imprisonment, where such violation constitutes the person's
first offense.
B. Second violation. Any person who knowingly violates this article
shall be guilty of a violation punishable by a fine up to $500, and/or
up to 60 days imprisonment, where such violation constitutes the person's
second offense.
C. Third and subsequent violations. Any person who knowingly violates
this article shall be guilty of an unclassified misdemeanor punishable
by a fine of up to $1,000 and/or up to one year imprisonment.
If any clause, sentence, paragraph, subsection, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subsection, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This article shall be null and void on the day that the duly
enacted legislation of State of New York or of the United State of
America goes into effect which is either the same or substantially
similar to the provisions contained in this article, or in the event
that state or federal administrative agency issues and promulgates
regulations preempting such action by the Village of Fort Edward.
The Board of Trustees may determine via resolution whether or not
identical or substantially similar statewide legislation has been
enacted for the purposes of triggering the provisions of this section.
This article shall take effect immediately upon filing with
the Secretary of State.