Town of Carmel, NY
Putnam County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Carmel 6-14-2017 by L.L. No. 5-2017. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
SYNTHETIC DRUG
Any product, whether described as tobacco, potpourri, herbs, incense, spice, aromatic, or any combination thereof, and whether marketed for the purpose of being smoked, ingested or injected, or otherwise marketed, which includes, but is not limited to, one or more of the following hallucinogenic substances:
A. 
1-Pentyl-3-(1-Naphthoyl) Indole; some trade or other names; JWH-018;
B. 
1-Butyl-3-(1-Naphthoyl) Indole; some trade or other names; JWH-073;
C. 
1-[2-(4Morpholinyl) Ethyl]-3-((1-Naphthoyl) Indole; some trade or other names; JWH-200;
D. 
5-(1, 1-Dimethyloctyl)-2-[1R,3S)-3-Hydroxycyclohexyl]- Phenol; some other trade names; CP-47, 497;
E. 
5-(1, 1-Dimethyloctyl)-2-[(1R, 3S)-3-Hydroxycyclohexyl]-Phenol; or some other trade names; Cannabicyclohexanol; CP447, 497 C8 Homologue;
F. 
Fentanyl analogues such as furanyl fentanyl, acetal fentanyl, and 4 NAPP (despropionyl fentanyl);
G. 
A material, compound or mixture or preparation in any form that contains the component Salvnorin A, or as a concentrated extract of the chemical Salvinorin A;
H. 
Any analogue of a synthetic cannabinoid, synthetic phenethylamine or cannabimimetic agent meaning a substance that has a chemical structure that is substantially similar to the chemical substance defined by Part 9 of Title 10 of New York Codes, Rules and Regulations as of the date of the violation, or as included in Schedule 1 of the Federal Drug Enforcement Administration Schedules of Controlled Substances, as listed in Section 1308.11 of Title 21 of the Code of Federal Regulations, or successor regulation, as of the date of the violation, or any cannabimimetic agent, as defined in Section 812 of Title 21 of the United States Code, as of the date of the violation and has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of such a substance defined by Part 9 of Title 10 of the New York Codes, Rules and Regulations as of the date of the violation, or as included in Schedule 1 of the Federal Drug Administration Schedules of Controlled Substances, as listed in Section 1308.11 of Title 21 of the Code of Federal Regulations, or successor regulation, as of the date of the violation, or any cannabimimetic agent, as defined in Section 812 of Title 21 of the United States Code, as of the date of the violation; or
I. 
Any other nonprescription substance or compound developed prior to or subsequent to the adoption of this section which has a chemical structure and/or pharmacological effect substantially similar to, or which otherwise mimics, the active ingredient(s) of marijuana, cocaine, heroin, or any other controlled substance.
It shall be a violation of this chapter for any person or entity to sell, offer for sale, give away, barter, exchange or otherwise furnish or provide any synthetic drug as defined herein.
It shall be a violation of this chapter for any person or entity to possess any synthetic drug as defined herein unless such synthetic drug is expressly prescribed to said person by a physician, psychiatrist or other person otherwise duly licensed and authorized to prescribe medication within the State of New York and, at the time of the alleged violation, the person in possession of the synthetic drug(s) is able to provide written proof to law enforcement officers that the synthetic drug(s) was so prescribed.
This chapter shall become null and void on the day that any federal or statewide 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 Town of Carmel. The Town Board of the Town of Carmel may determine by resolution whether or not identical or substantially similar federal or statewide legislation or preempting state or federal regulations have been enacted for purposes of triggering the provisions of this chapter.
If any clause, sentence, paragraph or section of this chapter shall be held invalid by any court of competent jurisdiction, or the application of this chapter to any person or set of circumstances shall be held invalid, such invalidity or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or operation of this chapter directly involved in the controversy in which the judgment shall have been rendered. To further this end, the provisions of this chapter are hereby declared to be severable.
A. 
The Town of Carmel Police Department shall enforce the provisions of this chapter.
B. 
Any person or entity that is to be in violation of the provisions of this chapter shall be guilty of a misdemeanor offense punishable by a fine of not more than $500 or imprisonment of up to one year, or both.
C. 
In addition to the penalties described in Subsection B above, any person or entity that is found to be in violation of the provisions of this chapter shall be liable for a civil penalty of not less than $500 and not more than $2,000.