S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7231
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 19, 2011
                                      ___________
       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Economic Development
       AN ACT to amend the general business law, in relation to prohibiting the
         sale or distribution of products containing a synthetic cannabinoid
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  391-r to read as follows:
    3    S  391-R.  SALE  OR  DISTRIBUTION  OF  PRODUCTS CONTAINING A SYNTHETIC
    4  CANNABINOID. 1. FOR THE PURPOSES OF THIS  SECTION,  "SYNTHETIC  CANNABI-
    5  NOID" SHALL MEAN ANY OF THE FOLLOWING CHEMICAL COMPOUNDS:
    6    (A)   CP   47.497   AND   HOMOLOGUES:  2-[(1R,3S)-3-HYDROXYCYCLOHEXYL]
    7  -5-(2-METHYLOCTAN-2-YL)PHENOL);
    8    (B) HU-210: [(6AR,  10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-  (2-METHY-
    9  LOCTAN-2-YL)-6A,7,10, 10A-TETRAHYDROBENZO[C] CHROMEN-1-OL)];
   10    (C)     HU-211:     (DEXANABINOL,     (6AS,    10AS)-9-(HYDROXYMETHYL)
   11  -6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-6A,7,10,     10A-TETRAHYDROBENZO[C]
   12  CHROMEN-1-OL);
   13    (D) JWH-O18: 1-PENTYL-3-(1-NAPHTHOYL)INDOLE; OR
   14    (E) JWH-O73: 1-BUTYL-3-(1-NAPHTHOYL)INDOLE.
   15    2.    NO  PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
   16  LIABILITY COMPANY OR OTHER ENTITY SHALL SELL,  OFFER  TO  SELL  OR  GIVE
   17  AWAY,  AS  EITHER  A  RETAIL  OR WHOLESALE PROMOTION, ANY PRODUCT, WHICH
   18  CONTAINS A SYNTHETIC CANNABINOID, WHICH MAY ALSO BE REFERRED TO  AS  K2,
   19  SPIKE  99,  YUCATAN FIRE, SPICE, GENIE OR ZOHAI, EXCEPT AS AUTHORIZED BY
   20  SUBDIVISION THREE OF THIS SECTION.
   21    3.  NOTHING  IN  THIS   SECTION   SHALL   APPLY   TO   NONPRESCRIPTION
   22  OVER-THE-COUNTER  DRUGS  APPROVED  OR  REGULATED BY THE FEDERAL FOOD AND
   23  DRUG ADMINISTRATION.
   24    4. ANY PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
   25  LIABILITY  COMPANY  OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF THIS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06205-01-1
       A. 7231                             2
    1  SECTION BY SELLING, OFFERING TO SELL OR GIVING AWAY AS EITHER  A  RETAIL
    2  OR  WHOLESALE  PROMOTION ANY PRODUCT WHICH CONTAINS A SYNTHETIC CANNABI-
    3  NOID, SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE  HUNDRED
    4  DOLLARS  PER  VIOLATION,  RECOVERABLE  IN  AN  ACTION BY ANY ENFORCEMENT
    5  AUTHORITY DESIGNATED BY A MUNICIPALITY OR POLITICAL SUBDIVISION  OF  THE
    6  STATE.
    7    5.  IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION, PARTNER-
    8  SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR OTHER ENTITY THAT  SOLD,
    9  OFFERED  FOR SALE OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION
   10  ANY PRODUCT WHICH CONTAINS A SYNTHETIC CANNABINOID, DID NOT  HAVE  KNOW-
   11  LEDGE  THAT IT WAS A PRODUCT CONTAINING A SYNTHETIC CANNABINOID, IF SUCH
   12  KNOWLEDGE WAS NOT REASONABLY DISCOVERABLE.
   13    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   14  have become a law.