Bill Text: NY A05454 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to synthetic cannabinoids, synthetic cannabinoid analog and substituted cathinones and prohibits the production and sale thereof.
Spectrum: Partisan Bill (Republican 20-1)
Status: (Introduced - Dead) 2015-12-18 - enacting clause stricken [A05454 Detail]
Download: New_York-2015-A05454-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5454--A
2015-2016 Regular Sessions
I N A S S E M B L Y
February 23, 2015
___________
Introduced by M. of A. BARCLAY, OAKS, FINCH, HAWLEY, DUPREY, PALUMBO,
RAIA, PALMESANO, CORWIN, McLAUGHLIN, KEARNS, WALTER, STEC -- Multi-
Sponsored by -- M. of A. CROUCH, GIGLIO, JOHNS, McDONOUGH, McKEVITT --
read once and referred to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public health law, the penal law and the general
business law, in relation to synthetic cannabinoids, synthetic canna-
binoid analog and substituted cathinones and prohibiting the
production and sale thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 3302 of the public health law is amended by adding
2 three new subdivisions 44, 45 and 46 to read as follows:
3 44. "SYNTHETIC CANNABINOID" MEANS ANY CHEMICAL COMPOUND THAT IS CHEMI-
4 CALLY SYNTHESIZED AND:
5 (A) HAS BEEN DEMONSTRATED TO HAVE A BINDING ACTIVITY AT ONE OR MORE
6 CANNABINOID RECEPTORS; OR
7 (B) IS A CHEMICAL ISOMER, SALT OR SALT OF AN ISOMER OF A COMPOUND THAT
8 HAS BEEN DEMONSTRATED TO HAVE BINDING ACTIVITY AT ONE OR MORE CANNABI-
9 NOID RECEPTORS; OR
10 (C) HAS BEEN DESIGNATED IN REGULATION BY THE COMMISSIONER AS BEING A
11 SYNTHETIC CANNABINOID OR SYNTHETIC CANNABINOID ANALOG.
12 "SYNTHETIC CANNABINOID" DOES NOT INCLUDE ANY PRODUCT THAT HAS BEEN
13 APPROVED FOR MEDICAL USE BY THE UNITED STATES FOOD AND DRUG ADMINIS-
14 TRATION.
15 45. "SYNTHETIC CANNABINOID ANALOG" MEANS ANY CHEMICAL THAT IS SUBSTAN-
16 TIALLY SIMILAR IN CHEMICAL STRUCTURE TO A CHEMICAL COMPOUND THAT HAS
17 BEEN DETERMINED TO HAVE BINDING ACTIVITY AT ONE OR MORE CANNABINOID
18 RECEPTORS. IT DOES NOT INCLUDE ANY PRODUCTS THAT HAVE BEEN APPROVED FOR
19 MEDICAL USE BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07906-07-5
A. 5454--A 2
1 46. "SUBSTITUTED CATHINONE" MEANS ANY CHEMICAL COMPOUND THAT IS CHEMI-
2 CALLY SYNTHESIZED AND:
3 (A) IS A COMPOUND LISTED IN PARAGRAPH FIVE, EIGHT OR NINE OF SUBDIVI-
4 SION (F) OF SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS ARTI-
5 CLE, OR
6 (B) HAS BEEN DESIGNATED IN REGULATION BY THE COMMISSIONER AS HAVING A
7 CHEMICAL STRUCTURE DERIVATIVE OF CATHINONE, OR
8 (C) ANY COMPOUND, OTHER THAN BUPROPRION, THAT IS STRUCTURALLY DERIVED
9 FROM 2-AMINO-1-PHENYL-1-PROPANONE BY MODIFICATION IN ANY OF THE FOLLOW-
10 ING WAYS:
11 (I) BY SUBSTITUTION IN THE PHENYL RING TO ANY EXTENT WITH ALKYL,
12 ALKOXY, ALKYLENEDIOXY, HALOALKYL, OR HALIDE SUBSTITUENTS, WHETHER OR NOT
13 FURTHER SUBSTITUTED IN THE PHENYL RING BY ONE OR MORE OTHER UNIVALENT
14 SUBSTITUENTS;
15 (II) BY SUBSTITUTION AT THE THREE-POSITION WITH AN ALKYL SUBSTITUTENT;
16 (III) BY SUBSTITUTION AT THE NITROGEN ATOM WITH ALKYL OR DIALKYL
17 GROUPS, OR BY INCLUSION OF THE NITROGEN ATOM IN A CYCLIC STRUCTURE.
18 S 2. Subdivisions 5 and 6 of section 220.00 of the penal law, subdivi-
19 sion 5 as amended by chapter 537 of the laws of 1998, and subdivision 6
20 as amended by chapter 1051 of the laws of 1973, are amended to read as
21 follows:
22 5. "Controlled substance" means any substance listed in schedule I,
23 II, III, IV or V of section thirty-three hundred six of the public
24 health law other than marihuana, but including concentrated cannabis as
25 defined in paragraph (a) of subdivision four of section thirty-three
26 hundred two of such law, AND SUBSTITUTED CATHINONES AS DEFINED IN
27 SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW.
28 6. "Marihuana" means "marihuana" [or], "concentrated cannabis",
29 "SYNTHETIC CANNABINOID" OR "SYNTHETIC CANNABINOID ANALOG" as those terms
30 are defined in section thirty-three hundred two of the public health
31 law.
32 S 3. The general business law is amended by adding a new section 399-
33 hh to read as follows:
34 S 399-HH. SALE OF SYNTHETIC CANNABINOID, SYNTHETIC CANNABINOID ANALOG
35 AND SUBSTITUTED CATHINONE PROHIBITED. 1. FOR PURPOSES OF THIS SECTION,
36 "SYNTHETIC CANNABINOID" MEANS ANY SUBSTANCE DEFINED BY SUBDIVISION
37 FORTY-FOUR OR FORTY-FIVE OF SECTION THIRTY-THREE HUNDRED TWO OF THE
38 PUBLIC HEALTH LAW AND "SUBSTITUTED CATHINONE" MEANS ANY SUBSTANCE
39 DEFINED BY SUBDIVISION FORTY-SIX OF SECTION THIRTY-THREE HUNDRED TWO OF
40 THE PUBLIC HEALTH LAW.
41 2. NO PERSON, CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY
42 SHALL KNOWINGLY SELL OR OFFER FOR SALE ANY FORM OF SYNTHETIC CANNABI-
43 NOID, SUBSTITUTED CATHINONE OR ANY OTHER SUBSTANCE INTENDED TO ACT AS OR
44 ADVERTISED AS AN ALTERNATIVE FORM OF A CONTROLLED SUBSTANCE. NO PERSON,
45 CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY SHALL OFFER ANY
46 SUBSTANCE FOR SALE WHERE THERE HAS BEEN AN EXPLICIT OR IMPLIED CLAIM
47 MADE BY THE SELLING PARTY THAT THE SUBSTANCE SOLD WILL MIMIC OR APPROXI-
48 MATE THE SAME EFFECTS OF CANNABINOID, SYNTHETIC CANNABINOID, SUBSTITUTED
49 CATHINONE OR ANY OTHER SUBSTANCE INTENDED TO ACT AS OR ADVERTISED AS AN
50 ALTERNATIVE FORM OF A CONTROLLED SUBSTANCE.
51 3. WHETHER A VIOLATION OF THIS SECTION HAS OCCURRED IS A QUESTION OF
52 LAW FOR THE COURT.
53 4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICATION
54 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
55 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
56 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
A. 5454--A 3
1 NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
2 VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
3 JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN
4 INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND
5 RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
6 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH
7 PROCEEDING THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
8 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
9 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
10 TION. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE AN OFFENSE
11 PUNISHABLE BY A PENALTY OF FIVE THOUSAND DOLLARS FOR EACH SEPARATE
12 VIOLATION. A VIOLATION OF THE PROVISIONS OF THIS SECTION AFTER HAVING
13 BEEN PREVIOUSLY CONVICTED OF SUCH AN OFFENSE WITHIN THE PREVIOUS FIVE
14 YEARS SHALL BE A CLASS A MISDEMEANOR PUNISHABLE BY A FINE OF TEN THOU-
15 SAND DOLLARS FOR EACH SEPARATE VIOLATION. THE PENALTIES FOR ANY SUCH
16 VIOLATION SHOULD INCLUDE SUCH AN ILLEGAL SALE THAT HAVING BEEN MADE TO A
17 PERSON UNDER THE AGE OF EIGHTEEN SHALL BE A CLASS E FELONY AS DEFINED IN
18 THE PENAL LAW.
19 S 4. This act shall take effect immediately.
