Bill Text: NY A06649 | 2017-2018 | General Assembly | Introduced
Bill Title: Criminalizes the sale of synthetic cannabinoids.
Spectrum: Slight Partisan Bill (Democrat 19-12)
Status: (Introduced - Dead) 2017-03-10 - referred to codes [A06649 Detail]
Download: New_York-2017-A06649-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6649 2017-2018 Regular Sessions IN ASSEMBLY March 10, 2017 ___________ Introduced by M. of A. GJONAJ, PICHARDO, RODRIGUEZ, DiPIETRO, MOSLEY, ORTIZ, RA, RAIA, COLTON, McDONOUGH, MONTESANO, BLAKE, MAYER, CURRAN, HOOPER, PALMESANO, GRAF, GALEF -- Multi-Sponsored by -- M. of A. ABBATE, BARCLAY, COOK, HYNDMAN, MAGEE, McKEVITT, McLAUGHLIN, OAKS -- read once and referred to the Committee on Codes AN ACT to amend the public health law and the penal law, in relation to synthetic cannabinoids and synthetic cathinones The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 3302 of the public health law, as 2 added by chapter 878 of the laws of 1972 and as renumbered by chapter 3 537 of the laws of 1998, is amended to read as follows: 4 4. "Concentrated Cannabis" means 5 [(a)] the separated resin, whether crude or purified, obtained from a 6 plant of the genus Cannabis[; or7(b) a material, preparation, mixture, compound or other substance8which contains more than two and one-half percent by weight of delta-99tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering10system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-11terpene numbering system]. 12 § 2. Section 3302 of the public health law is amended by adding two 13 new subdivisions 44 and 45 to read as follows: 14 44. "Synthetic cannabinoid" means a substance or substances listed in 15 paragraph thirty-six of subdivision (d) of schedule I of section thir- 16 ty-three hundred six of this title. 17 45. "Synthetic cathinone" means a substance or substances listed in 18 paragraph thirty-five of subdivision (f) of schedule I of section thir- 19 ty-three hundred six of this title. 20 § 3. Paragraph 21 of subdivision (d) of schedule I of section 3306 of 21 the public health law, as added by chapter 664 of the laws of 1985, is 22 amended and a new paragraph 36 is added to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10497-01-7A. 6649 2 1 (21) Tetrahydrocannabinols. [Synthetic equivalents of the substances2contained in the plant, or in the resinous extractives of cannabis, sp.3and/or synthetic substances, derivatives, and their isomers with similar4chemical structure and pharmacological activity such as the following:5 /\1 cis or trans tetrahydrocannabinol, and their optical isomers 6 /\6 cis or trans tetrahydrocannabinol, and their optical isomers 7 /\3, 4 cis or trans tetrahydrocannabinol, and its optical isomers 8(since nomenclature of these substances is not internationally standard-9ized, compounds of these structures, regardless of numerical designation10of atomic positions covered).] 11 (36) Synthetic cannabinoids. (i) Unless specifically exempted or list- 12 ed in another schedule of this section, any material, compound, mixture 13 or preparation which contains any quantity of synthetic cannabinoid, or 14 which contains any of its salts, isomers (whether optical, positional or 15 geometric), homologues (analogues), and salts of isomers and homologues 16 (analogues), whenever the existence of such salts, isomers, homologues 17 (analogues) and salts of isomers and homologues (analogues) is possible 18 within the specific chemical designation. 19 (ii) For the purposes of this paragraph, "synthetic cannabinoid": 20 1. means any chemical compound that is a cannabinoid receptor type 1 21 (CB1 receptor) agonist as demonstrated by binding studies and functional 22 assays within any of the following structural classes: 23 (A) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position 24 of the phenolic ring by alkyl or alkenyl, whether or not substituted on 25 the cyclohexyl ring to any extent. 26 (B) 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by substi- 27 tution at the nitrogen atom of the indole ring, whether or not further 28 substituted on the indole ring to any extent, whether or not substituted 29 on the naphthoyl or naphthyl ring to any extent. 30 (C) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the 31 pyrrole ring, whether or not further substituted in the pyrrole ring to 32 any extent, whether or not substituted on the naphthoyl ring to any 33 extent. 34 (D) 1-(1-naphthylmethylene)indene by substitution of the 3-position of 35 the indene ring, whether or not further substituted in the indene ring 36 to any extent, whether or not substituted on the naphthyl ring to any 37 extent. 38 (E) 3-phenylacetylindole or 3-benzoylindole by substitution at the 39 nitrogen atom of the indole ring, whether or not further substituted in 40 the indole ring to any extent, whether or not substituted on the phenyl 41 ring to any extent; 42 2. shall include: 43 (A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 44 (CP-47,497). 45 (B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 46 (cannabicyclohexanol or CP-47,497 C8-homolog). 47 (C) 1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678). 48 (D) 1-butyl-3-(1-naphthoyl)indole (JWH-073). 49 (E) 1-hexyl-3-(1-naphthoyl)indole (JWH-019). 50 (F) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200). 51 (G) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250). 52 (H) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081). 53 (I) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122). 54 (J) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398). 55 (K) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201). 56 (L) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694).A. 6649 3 1 (M) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4). 2 (N) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and 3 RCS-8). 4 (O) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203). 5 (P) (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl) metha- 6 none, its optical, positional and geometric isomers, salts and salts of 7 isomers-7144 (Other names: UR-144, 8 1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole). 9 (Q) 10 [1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl) 11 methanone, its optical, positional, and geometric isomers, salts and 12 salts of isomers-7011 (Other names: 5- fluoro-UR-144, 5-F-UR-144, 13 XLR11, 1- (5-fluoro-pentyl)-3-(2,2,3,3- tetramethylcyclopropoyl)indole). 14 (R) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide, its optical, 15 positional, and geometric isomers, salts and salts of isomers-7048 16 (Other names: APINACA, AKB48). 17 (S) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1- (cyclohexylme- 18 thyl)-1H-indazole-3- carboxamide, its optical, positional, and geometric 19 isomers, salts, and salts of isomers- 7031 (Other names: AB-CHMINACA). 20 (T) N-(1-amino-3-methyl-1-oxobutan-2-yl) -1-pentyl-1H-indazole-3-car- 21 boxamide, its optical, positional, and geometric isomers, salts, and 22 salts of isomers-7023 (Other names: AB-PINACA). 23 (U) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone, 24 its optical, positional, and geometric isomers, salts, and salts of 25 isomers-7024 (Other names: THJ-2201); 26 3. shall include synthetic tetrahydrocannabinols, meaning the synthet- 27 ic equivalents of the substances contained in the cannabis plant, or in 28 the resinous extractives of such plant, and/or synthetic substances, 29 derivatives, and their isomers with similar chemical structure and phar- 30 macological activity to those substances contained in the plant, such as 31 the following: 32 (A) cis or trans tetrahydrocannabinol, and their optical isomers. 33 (B) 6 cis or trans tetrahydrocannabinol, and their optical isomers. 34 (C) 3,4 cis or trans tetrahydrocannabinol, and its optical isomers. 35 (D) since nomenclature of these substances is not internationally 36 standardized, compounds of these structures, regardless of numerical 37 designation of atomic positions covered; and 38 4. shall include any chemical compound that is a synthetic cannabinoid 39 designated as a controlled substance under the federal Controlled 40 Substances Act and regulations adopted pursuant to said Act, including 41 any permanent and emergency regulations adopted by the federal Drug 42 Enforcement Administration. 43 § 4. Subdivision (f) of schedule I of section 3306 of the public 44 health law is amended by adding eleven new paragraphs 25, 26, 27, 28, 45 29, 30, 31, 32, 33, 34 and 35 to read as follows: 46 (25) 4-methyl-N-ethylcathinone, its optical, positional, and geometric 47 isomers, salts and salts of isomers-1249 (Other names: 4-MEC; 48 2-(ethylamino)-1-(4-methylphenyl)propan-1-one). 49 (26) 4-methyl-alpha-pyrrolidinopropiophenone, its optical, positional, 50 and geometric isomers, salts and salts of isomers-7498 (Other names: 51 4-MePPP; MePPP; 4-methyl-alpha-pyrrolidinopropiophenone; 52 1-(4-methylphenyl)-2- (pyrrolidin-1-yl)-propan-1-one). 53 (27) alpha-pyrrolidinopentiophenone, its optical, positional, and 54 geometric isomers, salts and salts of isomers-7545 (Other names: alpha- 55 PVP; alpha-pyrrolidinovalerophenone; 1-phenyl- 56 2-(pyrrolidin-1-yl)pentan-1-one).A. 6649 4 1 (28) Butylone, its optical, positional, and geometric isomers, salts 2 and salts of isomers- 7541 (Other names: bk-MBDB; 3 1-(1,3-benzodioxol-5-yl)-2- (methylamino)butan-1-one). 4 (29) Pentedrone, its optical, positional, and geometric isomers, salts 5 and salts of isomers-1246 (Other names: alpha-methylaminovalerophenone; 6 2-(methylamino)-1- phenylpentan-1-one). 7 (30) Pentylone, its optical, positional, and geometric isomers, salts 8 and salts of isomers- 7542 (Other names: bk-MBDP; 9 1-(1,3-benzodioxol-5-yl)-2- (methylamino)pentan-1-one). 10 (31) 4-fluoro-N-methylcathinone, its optical, positional, and geomet- 11 ric isomers, salts and salts of isomers-1238 (Other names: 4-FMC; 12 flephedrone; 1-(4-fluorophenyl)-2-(methylamino)propan-1-one). 13 (32) 3-fluoro-N-methylcathinone, its optical, positional, and geomet- 14 ric isomers, salts and salts of isomers-1233 (Other names: 3-FMC; 15 1-(3-fluorophenyl)-2-(methylamino)propan- 1-one). 16 (33) Naphyrone, its optical, positional, and geometric isomers, salts 17 and salts of isomers-1258 (Other names: naphthylpyrovalerone; 18 1-(naphthalen-2-yl)-2-(pyrrolidin-1- yl)pentan-1-one). 19 (34) Alpha-pyrrolidinobutiophenone, its optical, positional, and 20 geometric isomers, salts and salts of isomers-7546 (Other names: alpha- 21 PBP; 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one). 22 (35) Synthetic cathinones. (i) Unless specifically exempted or listed 23 in another schedule, any material, compound, mixture or preparation 24 which contains any quantity of synthetic cathinone, or which contains 25 any of their salts, isomers (whether optical, positional, or geometric), 26 homologues (analogues), and salts of isomers and homologues (analogues), 27 whenever the existence of such salts, isomers, homologues (analogues) 28 and salts of isomers and homologues (analogues) is possible within the 29 specific chemical designation. 30 (ii) For the purposes of this paragraph, "synthetic cathinone": 31 1. means any substance, except bupropion or compounds listed under a 32 different schedule, that is structurally derived from 33 2-aminopropan-1-one by substitution at the 1- position with either 34 phenyl, naphthyl, or thiophene ring systems, whether or not the compound 35 is further modified in any of the following ways: 36 (A) by substitution in the ring system to any extent with alkyl, alky- 37 lenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether 38 or not further substituted in the ring system by one or more other 39 univalent substituents; 40 (B) by substitution at the 3-position with an acyclic alkyl substi- 41 tuent; 42 (C) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, 43 benzyl or methoxybenzyl groups; or 44 (D) by inclusion of the 2-amino nitrogen atom in a cyclic structure; 45 2. means any substance that is structurally derived from 46 2-amino-1-phenyl-1-propanone (cathinone) by modification in any of the 47 following ways: 48 (A) by substitution in the phenyl ring to any extent with alkyl, 49 alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not 50 further substituted in the phenyl ring by one or more other univalent 51 substituents; 52 (B) by substitution at the 3-position with an alkyl substituent; 53 (C) by substitution at the nitrogen atom with alkyl, dialkyl, or 54 benzyl groups, or by inclusion of the nitrogen atom in a cyclic struc- 55 ture;A. 6649 5 1 3. shall include any chemical compound that is a synthetic cathinone 2 designated as a controlled substance under the federal Controlled 3 Substances Act and regulations adopted pursuant to such act, including 4 any permanent and emergency regulations adopted by the federal Drug 5 Enforcement Administration. 6 § 5. Subdivision 5 of section 220.00 of the penal law, as amended by 7 chapter 537 of the laws of 1998, is amended and a new subdivision 21 is 8 added to read as follows: 9 5. "Controlled substance" means any substance listed in schedule I, 10 II, III, IV or V of section thirty-three hundred six of the public 11 health law other than marihuana, but including concentrated cannabis as 12 defined in [paragraph (a) of] subdivision four of section thirty-three 13 hundred two of such law. 14 21. "Knowingly" for the purposes of any offense involving the 15 possession or sale, or the attempt or conspiracy to possess or sell, a 16 synthetic cannabinoid or synthetic cathinone, shall not require know- 17 ledge by a person of the chemical structure of the substance, but rath- 18 er, it is sufficient if: 19 (a) the person knew or should have known that the substance has a 20 stimulant, depressant or hallucinogenic effect on the central nervous 21 system that is substantially similar to or greater than the stimulant, 22 depressant or hallucinogenic effect on the central nervous system of a 23 controlled substance listed in schedule I or II of section thirty-three 24 hundred six of the public health law; or 25 (b) the person represented or intended for the substance to have a 26 stimulant, depressant or hallucinogenic effect on the central nervous 27 system that is substantially similar to or greater than the stimulant, 28 depressant or hallucinogenic effect on the central nervous system of a 29 controlled substance listed in schedule I or II of section thirty-three 30 hundred six of the public health law. 31 § 6. Section 220.03 of the penal law, as amended by section 4 of part 32 I of chapter 57 of the laws of 2015, is amended to read as follows: 33 § 220.03 Criminal possession of a controlled substance in the seventh 34 degree. 35 A person is guilty of criminal possession of a controlled substance in 36 the seventh degree when he or she knowingly and unlawfully possesses a 37 controlled substance; provided, however, that it shall not be a 38 violation of this section when a person possesses a residual amount of a 39 controlled substance and that residual amount is in or on a hypodermic 40 syringe or hypodermic needle obtained and possessed pursuant to section 41 thirty-three hundred eighty-one of the public health law, which includes 42 the state's syringe exchange and pharmacy and medical provider-based 43 expanded syringe access programs; nor shall it be a violation of this 44 section when a person's unlawful possession of a controlled substance is 45 discovered as a result of seeking immediate health care as defined in 46 paragraph (b) of subdivision three of section 220.78 of [the penal law] 47 this article, for either another person or him or herself because such 48 person is experiencing a drug or alcohol overdose or other life threat- 49 ening medical emergency as defined in paragraph (a) of subdivision three 50 of section 220.78 of [the penal law] this article; nor shall it be a 51 violation of this section when a person possesses less than one ounce of 52 a controlled substance and that controlled substance is a synthetic 53 cannabinoid listed in paragraph thirty-six of subdivision (d) of sched- 54 ule I of section thirty-three hundred six of the public health law. 55 Criminal possession of a controlled substance in the seventh degree is 56 a class A misdemeanor.A. 6649 6 1 § 7. Subdivision 8 of section 220.06 of the penal law, as added by 2 chapter 264 of the laws of 2003, is amended and a new subdivision 9 is 3 added to read as follows: 4 8. one or more preparations, compounds, mixtures or substances 5 containing gamma hydroxybutyric acid, as defined in paragraph four of 6 subdivision (e) of schedule I of section thirty-three hundred six of the 7 public health law, and said preparations, compounds, mixtures or 8 substances are of an aggregate weight of twenty-eight grams or more[.]; 9 or 10 9. one or more preparations, compounds, mixtures or substances 11 containing a synthetic cannabinoid listed in paragraph thirty-six of 12 subdivision (d) of schedule I of section thirty-three hundred six of the 13 public health law and said preparations, compounds, mixtures or 14 substances are of an aggregate weight of one ounce or more. 15 § 8. Subdivision 15 of section 220.09 of the penal law, as added by 16 chapter 264 of the laws of 2003, is amended and a new subdivision 16 is 17 added to read as follows: 18 15. one or more preparations, compounds, mixtures or substances 19 containing gamma hydroxybutyric acid, as defined in paragraph four of 20 subdivision (e) of schedule I of section thirty-three hundred six of the 21 public health law, and said preparations, compounds, mixtures or 22 substances are of an aggregate weight of two hundred grams or more[.]; 23 or 24 16. one or more preparations, compounds, mixtures or substances 25 containing a synthetic cannabinoid listed in paragraph thirty-six of 26 subdivision (d) of schedule I of section thirty-three hundred six of the 27 public health law and said preparations, compounds, mixtures or 28 substances are of an aggregate weight of four ounces or more. 29 § 9. Subdivision 13 of section 220.16 of the penal law, as amended by 30 chapter 75 of the laws of 1995, is amended and a new subdivision 14 is 31 added to read as follows: 32 13. phencyclidine and said phencyclidine weighs one thousand two 33 hundred fifty milligrams or more[.]; or 34 14. one or more preparations, compounds, mixtures or substances 35 containing a synthetic cannabinoid listed in paragraph thirty-six of 36 subdivision (d) of schedule I of section thirty-three hundred six of the 37 public health law and said preparations, compounds, mixtures or 38 substances are of an aggregate weight of ten pounds or more. 39 § 10. Subdivisions 3 and 9 of section 220.34 of the penal law, subdi- 40 vision 3 as amended by chapter 537 of the laws of 1998 and subdivision 9 41 as added by chapter 264 of the laws of 2003, are amended and a new 42 subdivision 10 is added to read as follows: 43 3. concentrated cannabis as defined in [paragraph (a) of] subdivision 44 four of section thirty-three hundred two of the public health law; or 45 9. one or more preparations, compounds, mixtures or substances 46 containing gamma hydroxybutyric acid, as defined in paragraph four of 47 subdivision (e) of schedule I of section thirty-three hundred six of the 48 public health law, and said preparations, compounds, mixtures or 49 substances are of an aggregate weight of twenty-eight grams or more[.]; 50 or 51 10. one or more preparations, compounds, mixtures or substances 52 containing a synthetic cannabinoid listed in paragraph thirty-six of 53 subdivision (d) of schedule I of section thirty-three hundred six of the 54 public health law and said preparations, compounds, mixtures or 55 substances are of an aggregate weight of one ounce or more.A. 6649 7 1 § 11. Subdivision 9 of section 220.39 of the penal law, as added by 2 chapter 410 of the laws of 1979, is amended and a new subdivision 10 is 3 added to read as follows: 4 9. a narcotic preparation to a person less than twenty-one years 5 old[.]; or 6 10. one or more preparations, compounds, mixtures or substances 7 containing a synthetic cannabinoid listed in paragraph thirty-six of 8 subdivision (d) of schedule I of section thirty-three hundred six of the 9 public health law and said preparations, compounds, mixtures or 10 substances are of an aggregate weight of sixteen ounces or more. 11 § 12. This act shall take effect immediately.
