[HISTORY: Adopted by the Rockland County Legislature as indicated in article histories. Subsequent amendments noted where applicable.]
[Adopted 5-18-1982 by L.L. No. 4-1982]
It is hereby declared and found that the sale of items used to aid the storage, use, concealment and test of the strength or purity of illegal drugs is a widespread and growing practice which is contrary to the public interest. Many parent and teacher organizations, such as the New York State Congress of Parents and Teachers, as well as local P.T.A. groups, have recognized the problem and have encouraged and endorsed legislation that would prohibit the sale of drug-related paraphernalia. Therefore, the public safety, health, welfare and morals would be best served by discontinuing the sale of such items.
As used in this article, the following terms shall have the meanings indicated:
CONTROLLED SUBSTANCE
Any substance listed in Schedule I, II, III, IV or V of § 3306 of the Public Health Law, specifically including marijuana.
DRUG PARAPHERNALIA
All equipment, products and materials of any kind which are primarily used, primarily intended for use or primarily designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the laws of the State of New York. It includes but is not limited to:
A. 
Kits primarily used, primarily intended for use or primarily designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
B. 
Kits primarily used, primarily intended for use or primarily designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
C. 
Isomerization devices primarily used, primarily intended for use or primarily designed for use in increasing the potency of any species of plant which is a controlled substance.
D. 
Testing equipment primarily used, primarily intended for use or primarily designed for use in identifying or in analyzing the strength, effectiveness of purity of controlled substances.
E. 
Scales and balances primarily used, primarily intended for use or primarily designed for use in weighing or measuring controlled substances.
F. 
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, primarily used, primarily intended for use or primarily designed for use in cutting controlled substances.
G. 
Separation gins and sifters primarily used, primarily intended for use or primarily designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana.
H. 
Blenders, bowls, containers, spoons and mixing devices primarily used, primarily intended for use or primarily designed for use in compounding controlled substances.
I. 
Capsules, balloons, envelopes and other containers primarily used, primarily intended for use or primarily designed for use in packaging small quantities of controlled substances.
J. 
Containers and other objects primarily used, primarily intended for use or primarily designed for use in storing or concealing controlled substances.
K. 
Hypodermic syringes, needles and other objects primarily used, primarily intended for use or primarily designed for use in parenterally injecting controlled substances into the human body.
L. 
Objects primarily used, primarily intended for use or primarily designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
(1) 
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls.
(2) 
Water pipes.
(3) 
Carburetion tubes and devices.
(4) 
Smoking and carburetion masks.
(5) 
Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
(6) 
Miniature cocaine spoons and cocaine vials.
(7) 
Chamber pipes.
(8) 
Carburetor pipes.
(9) 
Electric pipes.
(10) 
Air-driven pipes.
(11) 
Chillums.
(12) 
Bongs.
(13) 
Ice pipes or chillers.
M. 
Cocaine spoon, which is a spoon with a bowl so small that the primary use for which it is reasonably adopted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be labeled as a "cocaine spoon" or "coke spoon."
N. 
Marijuana or hashish pipe, which is a pipe characterized by a bowl which is so small that the primary use for which it is reasonably adopted or designed is the smoking of marijuana or hashish, rather than the lawful smoking of tobacco, and which may or may not be equipped with a screen.
A. 
It shall be a violation of this article for any merchant, corporation or other natural person to knowingly sell, offer for sale or display any drug paraphernalia as defined herein.
B. 
The provisions of this article shall be inapplicable to any person who is authorized by the New York State Public Health Law or other state law to possess, use or sell items which may constitute drug paraphernalia as that term is defined herein.
C. 
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1) 
Statements by an owner or by anyone in control of the object concerning its use.
(2) 
The proximity of the object, in time and space, to a direct violation of this article.
(3) 
The proximity of the object to controlled substances.
(4) 
The existence of any residue of controlled substances on the object.
(5) 
Direct or circumstantial evidence of the intent of an owner, or anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this article; the innocence of an owner, or of anyone in control of the object, as the direct violation of this article should not prevent a finding that the object is primarily intended for use or primarily designed for use as drug paraphernalia.
(6) 
Instructions, oral or written, provided with the object concerning its use.
(7) 
Descriptive materials accompanying the object which explain or depict its use.
(8) 
National and local advertising concerning its use.
(9) 
The manner in which the object is displayed for sale.
(10) 
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
(11) 
Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.
(12) 
The existence and scope of legitimate uses for the object in the community.
(13) 
Expert testimony concerning its use.
Any person who is convicted of violating any provision of this article is guilty of an unclassified misdemeanor.
[Adopted 5-3-2011 by L.L. No. 3-2011]
This article shall be known as the "Salvia Divinorum Ban."
A. 
Salvia divinorum, also known as "Diviner's Sage" or "Maria Pastora," is a powerful psychoactive herb that can be smoked or chewed to produce hallucinogenic effects or visionary states. Although historically utilized in southern Mexico for its medicinal properties, with the help of the Internet in recent years, the leaves of salvia divinorum, or the entire plant, have become available almost anywhere in the United States.
B. 
Recent media reports have uncovered that salvia divinorum is being abused by individuals, especially teenage children, in order to "self-medicate" for depression. Furthermore, parents of a Delaware student are currently suing a distributor of salvia divinorum, claiming that their son's use of salvia divinorum was the cause of his depression, which eventually resulted in his death by suicide. While the long-term effects of salvia divinorum are unknown, it has been shown to cause dysphoria in humans, which in the context of an underlying mood disorder indicates a heightened risk of suicide.
C. 
Several states, and many countries, are taking action to try to curb the abuse of salvia divinorum, especially by younger children, in order to prevent any harm as a result of its use.
D. 
The purpose of this article is to provide for the public health, safety and general welfare of the young residents of Rockland County by prohibiting within the County the sale of salvia divinorum to any person under the age of 18.
As used in this article, the following terms shall have the meanings indicated:
COUNTY
The County of Rockland, New York.
PERSON
Any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association, or other entity or business organization of any kind.
SALVIA DIVINORUM
The herb commonly known as "Diviner's Sage," "Maria Pastora," "Sage of the Seers," "The Key," "Purple Salvia," "Purple Haze," or "Sally D," whether sold as a whole plant, loose leaves, or as a concentrated extract of the chemical salvinorin A.
No person shall sell or offer for sale salvia divinorum within the County to persons under the age of 18.
The provisions of this article shall not apply to nonprescription over-the-counter drugs approved or regulated by the Federal Food and Drug Administration.
Any person who knowingly violates the provisions of § 235-8 shall be guilty of a Class A misdemeanor, punishable by a fine of up to $1,000.00 and/or up to one year's imprisonment.
This article shall apply to all actions occurring on or after the effective date of this article. This article may be enforced by any law enforcement agency having jurisdiction to act in the County of Rockland, by either the arrest of or the issuance of a summons to a party violating the provisions of this article and requiring his/her appearance before a court of competent jurisdiction.
This article shall be null and void on the day that statewide 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 County of Rockland. The County Legislature may determine by resolution whether or not identical or substantially similar statewide legislation or pertinent preempting state or federal regulations have been enacted for the purposes of triggering the provisions of this section.