Chapter 090, Drugs- Sale & Distribution

Text relating to Ilion laws has been copied from the pdf provided by the Village and pasted here. This was done to make the text searchable.

Chapter 90, Drugs- Sale & Distribution

Prohibit the Sale & Distribution of Synthetic Cannabinoids, Stimulants and Bath Salts

1. Declaration of Purpose. The purpose of this Chapter is to protect the public health and safety within the Village of Ilion, NY from the dangers and ill effects of synthetic stimulants and synthetic cannabinoids and Bath Salts by declaring certain activities involving these drugs to be an offense against the peace and good order of the Village of Ilion, NY and a public nuisance, and subject to all available civil remedies.

2. As used in this Section “cannabinoid” is a class of chemical compounds in the marijuana plant and cannabinoid Δ9-tetrahydrocannabinol (THC) is the primary psychoactive constituent of marijuana.

3. As used in this Section, “Synthetic Cannabinoid” is defined herein as any chemical compound that is a cannabinoid receptor agonist and includes, without limitation, any material, compound, mixture, or preparation that is not listed as a controlled substance in the Schedule I through V of §3306 of the Public Health Law, is not a federal Food and Drug Administration (“FDA”) approved drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues (analogs), and salts of isomers and homologues (analogs), and salts of isomers and homologues (analogs) is possible within the specific chemical designation:

i. Naphthoylindoles. Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. (Other names in this structural class include without limitation: JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-122, JWH-200, JWH-210, JWH-398, AM-2201, and WIN 55-212.)

ii. Naphthylmethylindoles. Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. (Other names in this structural class include without limitation: JWH-175 and JWH-184.)

iii. Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. (Other names in this structural class include without limitation: JWH-307.)

iv. Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent. (Other names in this structural class include without limitation: JWH-176.)

v. Phenylacetylindoles. Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. (Other names in this structural class include without limitation: SR-18, RCS-8, JWH-250, JWH-203, JWH-251 and JWH-302.)

vi. Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent. (Other names in this structural class include without limitation: CP 47,497 (and homologues(analogs)), cannabicyclohexanol and CP 55,940.)

vii. Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. (Other names in this structural class include without limitation: AM-694, Pravadoline (WIN 48,098), RCS-4, and AM-679.)

viii. [2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1, 4-benzoxazin-6-yl]-1-napthalenylmethanone. (Other names in this structural class include without limitation: WIN 55,212-2.)

ix. (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl) - 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol 7370. (Other names in this structural class include without limitation: HU-210.)

x. Adamantoylindoles. Any compound containing a 3-1(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the adamantly ring system to any extent. (Other names in this structural class include without limitation: AM-1248.)

xi. Any other synthetic chemical compound that is a cannabinoid receptor agonist that is not listed in Schedules I through V of §3306 of the Public Health Law, or is not an FDA approved drug.

4. As used in this Section, “Bath Salts” is defined herein to include:

i. 3,4-Methylenedioxymethcathinone (Methylone), 4-Methylmethcathinone (Mephedrone), Methylenedioxypyrovalerone (MDPV), 4-Methoxymethcathinone, 3-Fluoromethcathinone, 4-Dluoromethcathinone, and Ethylpropion (Ethcathinone); and

ii. Any compound such as the compounds described in 4(i) above, which are commonly referred to as ‘designer drugs’ because they are specifically synthesized with a similar, but slightly modified structure of a Schedule 1 controlled substance in order to avoid existing drug laws, while maintaining their intended effects and usages.

5. No person shall sell, offer for sale, give away, barter, exchange or otherwise furnish, or provide any Synthetic Cannabinoid and/or Bath Salts in the Village of Ilion, NY. Any person who violates this subsection shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than five hundred dollars ($500.00.) or imprisonment for a term of not more than fifteen (15) days, or both.

6. No person shall possess any Synthetic Cannabinoid and/or Bath Salts within the Village of Ilion, NY, unless, at the time of the violation, such Synthetic Cannabinoid and/or Bath Salts expressly is prescribed to said person by a physician, psychiatrist or person otherwise duly licensed and authorized to prescribe medication within the State of New York. Any person who violates this subsection shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than five hundred dollars ($500.00.) or imprisonment for a term of not more than fifteen (15) days, or both.

7. This Chapter and the various parts thereof are hereby declared to be severable. Should any section or part of this Chapter be declared by the courts to be unconstitutional, void or invalid, such decision shall not affect the validity of the Chapter as a whole, or any portion thereof other than the part or section declared to be unconstitutional, void or invalid.