[Adopted 10-5-2016 by L.L. No. 31-2016]
A.
This Legislature hereby finds and determines that the County of Suffolk
is in the midst of an opiate addiction crisis. This Legislature also
finds and determines that U-47700 is a synthetic opioid developed
by the pharmaceutical industry to treat pain. The developer abandoned
U-47700 upon learning of its addictive properties and unscrupulous
foreign entities are utilizing patent information to produce and distribute
the chemical throughout the world. This Legislature further finds
and determines that U-47700 is almost eight times more potent than
morphine and has been connected to at least 50 deaths in the United
States since December 2015. This Legislature finds that U-47700 has
similar effects to strong opiate drugs like heroin and morphine. This
Legislature also finds that U-47700 comes in a variety of forms and
can be injected, snorted or taken orally. It is available for purchase
online and on the streets. This Legislature determines that several
states, including Georgia, Ohio, Wyoming and Kansas, have banned U-47700.
U-47700 has also been banned in Sweden. This Legislature further finds
that the County of Suffolk should ban the sale and distribution of
U-47700 to protect residents from this potent and dangerous synthetic
opioid.
B.
Therefore, the purpose of this article is to prohibit the sale and
distribution of U-47700 and similar chemicals in the County of Suffolk.
As used in this article, 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 synthetic chemical U-47700.
Any synthetic substance with a chemical structure similar
to the chemical structure of a synthetic opioid and which has effects
on the body that are similar to the effects of synthetic opioids.
This term shall not include synthetic analogues which are regulated
and authorized for distribution in the United States pursuant to the
drug schedule approved and maintained by the FDA.
No person shall sell, offer for sale, or manufacture within
the County of Suffolk any synthetic opioid, synthetic opioid analogue
or any product containing one or more synthetic opioids or analogues.
A.
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.
B.
A defendant's disclaimer, whether included in the product packaging
or made in some other format, that a substance banned under this article
is not meant for human consumption shall not constitute a valid defense
in any criminal proceeding commenced under this article.
This article shall apply to actions occurring on or after the
effective date of this article.
This article shall be null and void on the date 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 or federal
legislation has been enacted for the purposes of triggering the provisions
of this section.
