[HISTORY: Adopted by the Common Council of the City of Gloversville 5-24-2011 by L.L. No.
9-2011. Amendments noted where applicable.]
A.
This Council hereby finds and determines that:
(1)
Salvia divinorum, also known as "Diviner's Sage" or "Maria Pastora,"
or "Salvia" is a powerful psychoactive herb which can be smoked or
chewed to produce hallucinogenic effects or visionary states.
(2)
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, including merchants located within Gloversville, New
York.
(3)
Recent media reports have uncovered that salvia divinorum is being
abused by individuals, especially teenage children, in order to self
medicate for depression.
(4)
There have been recent postings on the website www.youtube.com wherein
a number of youths from the City of Gloversville are depicted purportedly
consuming and hallucinating on salvia divinorum, and this Council
has further considered an apparent recent trend whereby youths throughout
the United States have posted similar videos on youtube.com.
(5)
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.
(6)
The continued use of salvia divinorum poses a serious risk of harm
to the safety, health and well-being of all persons within the City
of Gloversville.
B.
The purpose of this chapter is to prohibit the possession and sale
of salvia divinorum within the City of Gloversville, New York.
All laws provided under Chapter 224 of the Gloversville City Code are made pursuant to Article 9, § 2(C)10, of the New York State Constitution; pursuant to New York Municipal Home Rule Law § 10; and pursuant to New York General City Law § 20.
No person shall possess, sell, or offer for sale salvia divinorum
within the City boundaries of the City of Gloversville, New York.
A.
First offense. In the occurrence of a first offense, upon the defendant
entering a plea of guilty or upon the Court's finding of guilt
after trial, the Court shall impose a fine not less than $250 and
not greater than $500, and/or the Court may sentence the defendant
to a period of incarceration which shall not exceed 15 days.
B.
Subsequent offense. In the occurrence of a subsequent conviction
within five years of the date of the defendant's previous conviction
under this section, upon the defendant entering a plea of guilty or
upon the Court's finding of guilt after trial, the Court shall
impose a fine not less than $500 and not greater than $1,000, and/or
the Court may sentence the defendant to a period of incarceration
which shall not exceed 15 days.
The local laws set forth under this chapter shall immediately
become effective upon the filing of same with the New York State Department
of State.
The laws set forth under 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 City of Gloversville. The Common Council
of the City of Gloversville 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.
