[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:
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:
1-Pentyl-3-(1-Naphthoyl) Indole; some trade or other names;
JWH-018;
1-Butyl-3-(1-Naphthoyl) Indole; some trade or other names; JWH-073;
1-[2-(4Morpholinyl) Ethyl]-3-((1-Naphthoyl) Indole; some trade
or other names; JWH-200;
5-(1, 1-Dimethyloctyl)-2-[1R,3S)-3-Hydroxycyclohexyl]- Phenol;
some other trade names; CP-47, 497;
5-(1, 1-Dimethyloctyl)-2-[(1R, 3S)-3-Hydroxycyclohexyl]-Phenol;
or some other trade names; Cannabicyclohexanol; CP447, 497 C8 Homologue;
Fentanyl analogues such as furanyl fentanyl, acetal fentanyl,
and 4 NAPP (despropionyl fentanyl);
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;
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
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.
