[HISTORY: Adopted by the Cayuga County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 9-25-2012 by L.L. No. 4-2012]
Pursuant to this article, it shall be prohibited to sell, possess,
or use mislabeled dangerous substances, which substances are mislabeled
or unlabeled, whose intended purpose is to be consumed or ingested
in order to mimic the effects of controlled substances and/or marihuana
and which have no other legitimate use or purpose.
The authority for this article is Municipal Home Rule Law § 10,
Subdivision 1(B)(4).
It shall be unlawful for any person to sell, possess, or use
mislabeled or unlabeled dangerous substances whose intended purpose
is to be ingested to mimic the effects of controlled substances and/or
marihuana and which have no other legitimate use or purpose.
As used in this article, the following terms shall have the
meanings indicated:
Any substance or product which contains a chemical which
under the circumstances in which it is sold, possessed or used indicates
or demonstrates the intent that it be ingested or consumed in an attempt
to replicate the effects of controlled substances or marihuana; and
either:
Is substantially similar in chemical makeup to a controlled
substance or marihuana, or is a structural analog to a controlled
substance or marihuana, or shares similar structural analogs, salts
or isomers to a controlled substance or marihuana, or is a synthetic
chemical compound which is a cannabinoid receptor agonist, or mimics
the physical or pharmacological effects of controlled substances or
marihuana, or is not a drug approved by the FDA; or
The substance has no other legitimate commercial or private
use or purpose.
Includes individual, partnership, corporation, and association.
As set forth in Article 220 of the Penal Law of the State
of New York shall apply to the mislabeled dangerous drugs.
Shall have the same meanings as those terms are defined in
the Penal Law of the State of New York.
Any person found in violation of this article will be guilty
of a misdemeanor and subject to a term of imprisonment not to exceed
one year or a fine not to exceed $1,000, or both such fine and imprisonment.
This article shall be effective only in those villages, towns
and city within the geographical limits of Cayuga County which have
not enacted its own mislabeled or unlabeled dangerous substances local
law or ordinance.
If any section of this article shall be held unconstitutional,
invalid or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder.
