Suffolk County, NY Article III Salvia Divinorum

[Adopted 3-18-2008 by L.L. No. 5-2008 (Ch. 269, Art. I, of the 1985 Code)]

§ 423-14 Legislative intent.

A. This Legislature hereby finds and determines that Salvia divinorum, also known as "Diviner's Sage" or "Maria Pastora," is a powerful psychoactive herb which can be smoked or chewed to produce hallucinogenic effects or visionary states.

B. This Legislature also finds and determines that Salvia divinorum is native to the area of southern Mexico, and has historically been utilized for its medicinal properties. In recent years, with the help of the Internet, the leaves of Salvia divinorum, or the entire plant, have become available almost anywhere in the United States.

C. This Legislature further finds and determines that recent media reports have uncovered that Salvia divinorum is being abused by individuals, especially teenage children, in order to "self-medicate" for depression.

D. This Legislature finds that the 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.

E. This Legislature determines that the long-term effects of Salvia divinorum are unknown, but it has been shown to cause dysphoria in humans, which in the context of an underlying mood disorder indicates a heightened risk of suicide.

F. This Legislature also finds that 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.

G. Therefore, the purpose of this article is to prohibit the possession and sale of Salvia divinorum in Suffolk County.

§ 423-15 Definitions.

As used in this article, the following terms shall have the meanings indicated:

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.

§ 423-16 Prohibitions.

Pursuant to Article IX, § 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 County of Suffolk.

§ 423-17 Exceptions.

The provisions of this article shall not apply to nonprescription over-the-counter drugs approved or regulated by the Federal Food and Drug Administration.

§ 423-18 Penalties for offenses.

Any person who knowingly violates the provisions of this article shall be guilty of an unclassified misdemeanor punishable by a fine of up to $1,000 and/or up to one year's imprisonment.

§ 423-19 Applicability.

This article shall apply to all actions occurring on or after the effective date of this article.

§ 423-20 Reverse preemption.

This article 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 article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section.