[HISTORY: Adopted by the Legislature of the County of Putnam 9-4-2018 by L.L. No. 10-2018. Amendments noted where applicable.]
The Legislature finds that:
A.
Putnam County, along with communities throughout the country, has
experienced increased crimes, emergency room cases, illnesses, and
deaths linked to the use and abuse of synthetic drugs and other similar
substances or compounds;
B.
Such products are being openly sold and marketed either within the
County or online.
C.
While New York State has continued to update its schedule of controlled
substances, many new variants of these substances are able to avoid
prohibition by slightly changing their chemical composition;
D.
The health, safety and well-being of the residents of Putnam County
is furthered by prohibiting the sale, use or possession of these substances.
Whenever used in this chapter, the term "synthetic drug" shall
mean any product, whether described as tobacco, potpourri, herbs,
incense, spice, aromatic, or any combination thereof, and whether
marketed for the purpose of being smoked, ingested or injected, or
otherwise marketed, which includes, but is not limited to, one or
more of the following stimulant, depressant, or 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-(4Morpholinyl) Ethyl]-3-(1Naphthoyl) 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; or
some trade or other names; Cannabicyclohexanol; CP 47, 497 C8 Homologue;
F.
Fentanyl analogues such as furanyl fentanyl, acetyl fentanyl, and
4 NAPP (despropionyl fentanyl);
G.
A material, compound, mixture or preparation in any form that contains
the component Salvinorin A, or as a concentrated extract of the chemical
Salvinorin A;
H.
Any analogue of a synthetic cannabinoid or cannabimimetic agent,
cathinone, phenethylamine, phenylpiperazine, ketamine derivative,
and tryptamines, meaning a substance that has a chemical structure
that is substantially similar to the chemical structure of a substance
defined by Part 9 of Title 10 of the New York Codes, Rules and Regulations
as of the date of the violation, or as included in Schedule I of the
Federal Drug Enforcement Administration Schedules of Controlled Substances,
as listed in Section 1308.11 of Title 21 of the Code of Federal Regulations,
or successor regulation, as of the date of the violation, or any cannabimimetic
agent, as defined in Section 812 of Title 21 of the United States
Code, as of the date of the violation and 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 such a substance defined by
Part 9 of Title 10 of the New York Codes, Rules and Regulations as
of the date of the violation, or as included in Schedule I of the
Federal Drug Enforcement Administration Schedules of Controlled Substances,
as listed in Section 1308.11 of Title 21 of the Code of Federal Regulations,
or successor regulation as of the date of the violation, or any cannabimimetic
agent, as defined in Section 812 of Title 21 of the United States
Code, as of the date of the violation;
I.
Any other nonprescription substance or compound developed prior to
or subsequent to the adoption of this section, which has a chemical
structure and/or pharmacological effect substantially similar to,
or which otherwise mimics the active ingredient(s) of marijuana, cocaine,
heroin, or any other controlled substance.
It shall be a violation of this chapter for any person or entity
to sell, offer for sale, give away, barter, exchange or otherwise
furnish or provide any synthetic drug.
It shall be a violation of this chapter for any person or entity
to possess any synthetic drug unless such 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 chapter shall be null and void on the day that federal
or statewide legislation goes into effect incorporating either the
same or substantially similar provisions as are contained in this
chapter, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Putnam. The County Legislature may determine via mere
resolution whether or not identical or substantially similar federal
or statewide legislation, or pertinent preempting state or federal
regulations, have been enacted for purposes of triggering the provisions
of this section.
If any clause, sentence, paragraph, or section of this chapter
shall be held invalid by any court of competent jurisdiction, or the
application of this chapter to any person or set of circumstances
shall be held invalid, such invalidity or judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, section, or operation
of this chapter directly involved in the controversy in which the
judgment shall have been rendered.
