[HISTORY: Adopted by the Board of Trustees of the Village
of Spring Valley 3-22-2011 by L.L. No. 5-2011. Amendments noted where
applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 64.
As used in this chapter, the following terms shall have the
meanings indicated:
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business organization of any kind.
The herb commonly known as "Diviner's Sage," "Maria
Pastora," "Sage of the Seers," "The Key," "Purple Salvia," "Purple
Haze," or "Sally S," whether sold as a whole plant or loose leaves,
or as a concentrated extract of the chemical salvinorin A.
Pursuant to Article 9 § 2(C) 10 of the New York State
Constitution governing protection, health, safety and well-being of
persons, no person shall possess, sell or offer for sale Salvia divinorum
within the Village of Spring Valley.
The provisions of this chapter 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 this chapter
shall be guilty of an unclassified misdemeanor punishable by a fine
of up to $1,000 and/or up to one year's imprisonment.
This chapter shall apply to all actions occurring on or after
the effective date of this chapter.
This chapter shall be null and void on the day that statewide
or federal 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 Village
of Spring Valley. The Village of Spring Valley may determine via mere
resolution whether or not identical or substantially similar legislation
has been enacted for the purposes of triggering the provisions of
this section.
