Bill Text: NY A10803 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes a substituted cathinone surrender program and designates substituted cathinones as schedule I stimulant controlled substances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-08-10 - referred to health [A10803 Detail]

Download: New_York-2011-A10803-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10803
                                 I N  A S S E M B L Y
                                    August 10, 2012
                                      ___________
       Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Braunstein)
         -- read once and referred to the Committee on Health
       AN ACT to establish a substituted cathinone surrender program; to  amend
         the public health law, in relation to controlled substances; to repeal
         certain  provisions  of  the public health law, relating to controlled
         substances; and providing for the repeal of  certain  provisions  upon
         expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  There is hereby established a statewide substituted cathi-
    2  none surrender program. Pursuant to this program, for a period of ninety
    3  days commencing on the effective date of this section:
    4    The department of health shall establish a statewide substituted cath-
    5  inone surrender program, in compliance with  federal  law.  The  program
    6  shall  be  composed of locations throughout the state, at which individ-
    7  uals may anonymously surrender products  containing  substituted  cathi-
    8  nones,  as defined in section 3306 of the public health law. A surrender
    9  of substituted cathinones pursuant to this section shall not  constitute
   10  a "sale" for the purposes of the penal law.
   11    S  2.  Paragraph 5 of subdivision (f) of schedule I of section 3306 of
   12  the public health law, as amended by chapter 457 of the laws of 2006, is
   13  amended to read as follows:
   14    (5) [Methcathinone (some other names: 2-(methylamino) - propiophenone;
   15  alpha-(methylamino)   propiophenone;    2-(methylamino) -1-phenylpropan-
   16  1-one;  alpha-N-methylaminopropiophenone;  monomethylpropion; ephedrone,
   17  N-methylcathinone, methylcathinone; AL-464; AL-422; AL-463 and  UR1432),
   18  its  salts,  optical  isomers  and salts of optical isomers] SUBSTITUTED
   19  CATHINONES. ANY COMPOUND, OTHER THAN BUPROPRION,  THAT  IS  STRUCTURALLY
   20  DERIVED  FROM 2-AMINO-1-PHENYL-1-PROPANONE BY MODIFICATION IN ANY OF THE
   21  FOLLOWING WAYS:
   22    (I) BY SUBSTITUTION IN THE PHENYL  RING  TO  ANY  EXTENT  WITH  ALKYL,
   23  ALKOXY, ALKYLENEDIOXY, HALOALKYL, OR HALIDE SUBSTITUENTS, WHETHER OR NOT
   24  FURTHER  SUBSTITUTED  IN  THE PHENYL RING BY ONE OR MORE OTHER UNIVALENT
   25  SUBSTITUENTS;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16361-01-2
       A. 10803                            2
    1    (II) BY SUBSTITUTION AT THE 3-POSITION WITH AN ALKYL SUBSTITUTENT;
    2    (III)  BY  SUBSTITUTION  AT  THE  NITROGEN  ATOM WITH ALKYL OR DIALKYL
    3  GROUPS, OR BY INCLUSION OF THE NITROGEN ATOM IN A CYCLIC STRUCTURE.
    4    S 3. Paragraphs 9 and 10 of subdivision (f) of schedule I  of  section
    5  3306 of the public health law are REPEALED.
    6    S  4. Section 3308 of the public health law is amended by adding a new
    7  subdivision 7 to read as follows:
    8    7. THE COMMISSIONER SHALL, IN CONJUNCTION WITH THE DIVISION OF  CRIMI-
    9  NAL JUSTICE SERVICES, ESTABLISH AND MAINTAIN A DATABASE OF KNOWN SUBSTI-
   10  TUTED CATHINONES, AS DEFINED IN SECTION THIRTY-THREE HUNDRED SIX OF THIS
   11  TITLE.  THE  DATABASE  SHALL BE PUBLISHED ON THE DEPARTMENT'S WEBSITE SO
   12  THAT CONSUMERS, RETAILERS,  AND  LAW  ENFORCEMENT  AGENCIES  CAN  ACCESS
   13  INFORMATION INCLUDING, BUT NOT LIMITED TO:
   14    (A)  A  LIST  OF COMPOUNDS KNOWN TO BELONG TO THE CLASSES OF CHEMICALS
   15  LISTED ABOVE, AND THEIR TRADE NAMES;
   16    (B)  A  PHYSICAL  DESCRIPTION  OF  PRODUCTS  KNOWN  TO  CONTAIN   SUCH
   17  COMPOUNDS, AND THEIR EFFECTS; AND
   18    (C)  A  LIST  OF  THE  BRAND  NAMES  OF PRODUCTS KNOWN TO CONTAIN SUCH
   19  COMPOUNDS, AND IMAGES OF THEIR PACKAGING.
   20    THE WEBSITE SHALL INCLUDE A STATEMENT INDICATING THAT SUCH INFORMATION
   21  IS BEING PROVIDED AS  A  RESOURCE  FOR  CONSUMERS,  RETAILERS,  AND  LAW
   22  ENFORCEMENT;  AND,  DUE  TO  THE  NATURE OF THE ILLEGAL DRUG TRADE, SUCH
   23  INFORMATION MAY NOT BE COMPREHENSIVE. NEITHER  THE  DEPARTMENT  NOR  THE
   24  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL BE LIABLE FOR ANY ECONOMIC
   25  HARM, PERSONAL  INJURY,  OR  DEATH  THAT  MAY  RESULT  FROM  INFORMATION
   26  INCLUDED IN, OR OMITTED FROM, THE DATABASE.
   27    S  5.  This  act shall take effect on the ninetieth day after it shall
   28  have become a law; provided, however, that the  commissioner  of  health
   29  and the division of criminal justice services shall immediately take the
   30  actions  necessary  to ensure that the database created by subdivision 7
   31  of section 3308 of the public health law, as added by  section  four  of
   32  this  act,  and the surrender program established by section one of this
   33  act, are operational on such effective date; and provided, further, that
   34  the provisions of section one of this act shall  expire  and  be  deemed
   35  repealed on the ninety-first day after such effective date.