STATE OF NEW YORK ________________________________________________________________________ 5082 2021-2022 Regular Sessions IN SENATE February 23, 2021 ___________ Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to unlawful manufacture, distribution or sale of a purported synthetic drug The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 220.80 to 2 read as follows: 3 § 220.80 Unlawful manufacture, distribution or sale of a purported 4 synthetic drug. 5 1. No person or entity shall knowingly manufacture, sell, offer for 6 sale, display for sale, distribute for sale, or possess with intent to 7 sell any purported synthetic drug. 8 2. In any proceeding commenced in connection with an alleged violation 9 of this section, it shall be necessary to prove that the purported 10 synthetic drug was represented to be: 11 (a) any synthetic cannabinoid or synthetic phenethylamine, as such 12 terms are defined by part nine of title ten of the New York codes, rules 13 and regulations as of the date of the violation, or as included in sche- 14 dule I of the federal drug enforcement administration schedules of 15 controlled substances, as listed in section 1308.11 of title twenty-one 16 of the code of federal regulations, or successor regulation, as of the 17 date of the violation, or any cannabimimetic agent, as defined in 18 section eight hundred twelve of title twenty-one of the United States 19 code, as of the date of the violation; 20 (b) any analogue of a synthetic cannabinoid, synthetic phenethylamine 21 or cannabimimetic agent. For the purposes of this paragraph, "analogue 22 of a synthetic cannabinoid, synthetic phenethylamines or cannabimimetic 23 agent" means a substance that has a chemical structure that is substan- 24 tially similar to the chemical structure of a substance described in 25 paragraph (a) of this subdivision and has a stimulant, depressant, or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06614-01-1S. 5082 2 1 hallucinogenic effect on the central nervous system that is substantial- 2 ly similar to or greater than the stimulant, depressant, or hallucino- 3 genic effect on the central nervous system of such a substance described 4 in paragraph (a) of this subdivision; or 5 (c) any substance commonly known as synthetic marijuana, K-2 or bath 6 salts, that is represented as being intended for human consumption. 7 Evidence of representations that a substance commonly known as synthetic 8 marijuana, K-2 or bath salts is intended for human consumption may 9 include, but is not limited to, oral, visual or written representations 10 by the manufacturer, distributor or seller about the substance with 11 regard to its nature, use or effect. 12 Provided, however, that it shall not be a defense to prosecution under 13 this section that the accused believed the purported synthetic drug to 14 be such a substance. 15 3. For the purposes of this section, the term "purported synthetic 16 drug" means a substance that, by dosage unit appearance, including 17 color, shape and size, and by a representation, is represented to be a 18 substance described in paragraph (a), (b) or (c) of subdivision two of 19 this section. Evidence of such a representation may include, but is not 20 limited to, oral, visual or written representations by the manufacturer, 21 distributor or seller about the substance with regard to: 22 (a) its price, nature, use or effect as a substance described in para- 23 graph (a), (b) or (c) of subdivision two of this section; or 24 (b) its packaging in a manner normally used for substances described 25 in paragraph (a), (b) or (c) of subdivision two of this section. Unlaw- 26 ful manufacture, distribution or sale of a purported synthetic drug is a 27 class A misdemeanor. 28 § 2. This act shall take effect on the ninetieth day after it shall 29 have become a law.