Bill Text: NY A10296 | 2011-2012 | General Assembly | Introduced
Bill Title: Prohibits sale of synthetic marijuana and provides defense for sale in certain circumstances.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-05-18 - referred to health [A10296 Detail]
Download: New_York-2011-A10296-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10296
I N A S S E M B L Y
May 18, 2012
___________
Introduced by M. of A. CLARK, CALHOUN, COLTON, TOBACCO, CONTE, GRAF,
TITUS, FINCH, BARRETT, RA, BURLING, SWEENEY, McDONOUGH, THIELE,
CUSICK, GUNTHER, GOODELL -- read once and referred to the Committee on
Health
AN ACT to amend the public health law and the penal law, in relation to
controlled substances and to provide a defense for sale or adminis-
tration of synthetic cannabinoids in certain circumstances
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[; or
7 (b) a material, preparation, mixture, compound or other substance
8 which contains more than two and one-half percent by weight of delta-9
9 tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering
10 system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
11 terpene numbering system].
12 S 2. Subdivisions 33, 34, 35, 36, 37, 38, 39 and 40 of section 3302 of
13 the public health law are renumbered subdivisions 34, 35, 36, 37, 38,
14 39, 40 and 41 and a new subdivision 33 is added to read as follows:
15 33. "SYNTHETIC CANNABINOID" MEANS ANY MATERIAL, COMPOUND, MIXTURE OR
16 PREPARATION CONTAINING ANY QUANTITY OF:
17 (A) CP 47,497 AND HOMOLOGUES: 2-5-(2-METHYLOCTAN-2-YL)PHENOL;
18 (B) HU-210;
19 (C) HU-211: (DEXANABINOL, (6AS, 10AS)-9-(HYDROXYMETHYL)
20 -6,6-DIMETHYL-3- (2-METHYLOCTAN-2-YL)-6A,7,10, 10A-TETRAHYDROBENZO CHRO-
21 MEN-1-OL);
22 (D) JWH-O18: 1-PENTYL-3-(1-NAPHTHOYL)INDOLE; OR
23 (E) JWH-O73: 1-BUTYL-3-(1-NAPHTHOYL)INDOLE.
24 IT DOES NOT INCLUDE ANY PRODUCTS THAT HAVE BEEN APPROVED FOR MEDICAL
25 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.
LBD15171-06-2
A. 10296 2
1 S 3. Subdivision (d) of schedule I of section 3306 of the public
2 health law is amended by adding five new paragraphs 33, 34, 35, 36 and
3 37 to read as follows:
4 (33) CP 47,497 AND HOMOLOGUES: 2-5-(2-METHYLOCTAN-2-YL)PHENOL.
5 (34) HU-210.
6 (35) HU-211: (DEXANABINOL, (6AS, 10AS)-9-(HYDROXYMETHYL) -6,6-DIMETHYL
7 -3-(2-METHYLOCTAN-2-YL)-6A,7,10, 10A-TETRAHYDROBENZO CHROMEN-1-OL).
8 (36) JWH-O18: 1-PENTYL-3-(1-NAPHTHOYL)INDOLE.
9 (37) JWH-O73: 1-BUTYL-3-(1-NAPHTHOYL)INDOLE.
10 S 4. Section 3308 of the public health law is amended by adding a new
11 subdivision 7 to read as follows:
12 7. THE COMMISSIONER SHALL, IN CONJUNCTION WITH THE DIVISION OF CRIMI-
13 NAL JUSTICE SERVICES, ESTABLISH AND MAINTAIN A DATABASE OF KNOWN
14 SYNTHETIC CANNABINOIDS, AS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO
15 OF THIS TITLE. THE DATABASE SHALL BE PUBLISHED ON THE DEPARTMENT'S
16 WEBSITE SO THAT CONSUMERS, RETAILERS, AND LAW ENFORCEMENT AGENCIES CAN
17 ACCESS INFORMATION INCLUDING, BUT NOT LIMITED TO:
18 (A) A LIST OF COMPOUNDS KNOWN TO BELONG TO THE CLASSES OF CHEMICALS
19 LISTED ABOVE, AND THEIR TRADE NAMES;
20 (B) A PHYSICAL DESCRIPTION OF PRODUCTS KNOWN TO CONTAIN SUCH
21 COMPOUNDS, AND THEIR EFFECTS; AND
22 (C) A LIST OF THE BRAND NAMES OF PRODUCTS KNOWN TO CONTAIN SUCH
23 COMPOUNDS, AND IMAGES OF THEIR PACKAGING.
24 THE WEBSITE SHALL INCLUDE A STATEMENT INDICATING THAT SUCH INFORMATION
25 IS BEING PROVIDED AS A RESOURCE FOR CONSUMERS, RETAILERS, AND LAW
26 ENFORCEMENT; AND, DUE TO THE NATURE OF THE ILLEGAL DRUG TRADE, SUCH
27 INFORMATION MAY NOT BE COMPREHENSIVE. NEITHER THE DEPARTMENT NOR THE
28 DIVISION OF CRIMINAL JUSTICE SERVICES SHALL BE LIABLE FOR ANY ECONOMIC
29 HARM, PERSONAL INJURY, OR DEATH THAT MAY RESULT FROM INFORMATION
30 INCLUDED IN, OR OMITTED FROM, THE DATABASE.
31 S 5. Subdivisions 5, 6 and 10 of section 220.00 of the penal law,
32 subdivision 5 as amended by chapter 537 of the laws of 1998, subdivision
33 6 as amended by chapter 1051 of the laws of 1973 and subdivision 10 as
34 amended by chapter 664 of the laws of 1985, are amended to read as
35 follows:
36 5. "Controlled substance" means any substance listed in schedule I,
37 II, III, IV or V of section thirty-three hundred six of the public
38 health law other than marihuana, but including concentrated cannabis as
39 defined in [paragraph (a) of] subdivision four, AND SYNTHETIC CANNABI-
40 NOID AS DEFINED IN SUBDIVISION THIRTY-THREE, of section thirty-three
41 hundred two of such law.
42 6. "Marihuana" means "marihuana[" or]," "concentrated cannabis" OR
43 "SYNTHETIC CANNABINOID" as those terms are defined in section thirty-
44 three hundred two of the public health law.
45 10. "Hallucinogenic substance" means any controlled substance listed
46 in schedule I(d) other than concentrated cannabis, SYNTHETIC CANNABI-
47 NOIDS, lysergic acid diethylamide, or an hallucinogen.
48 S 6. Subdivision 4 of section 220.06 of the penal law, as amended by
49 chapter 537 of the laws of 1998, is amended to read as follows:
50 4. one or more preparations, compounds, mixtures or substances
51 containing concentrated cannabis as defined in [paragraph (a) of] subdi-
52 vision four of section thirty-three hundred two of the public health
53 law, OR SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION THIRTY-THREE OF
54 SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW, and said
55 preparations, compounds, mixtures or substances are of an aggregate
56 weight of one-fourth ounce or more; or
A. 10296 3
1 S 7. Subdivision 10 of section 220.09 of the penal law, as amended by
2 chapter 537 of the laws of 1998, is amended to read as follows:
3 10. one or more preparations, compounds, mixtures or substances
4 containing concentrated cannabis as defined in [paragraph (a) of] subdi-
5 vision four of section thirty-three hundred two of the public health
6 law, OR SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION THIRTY-THREE OF
7 SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW, and said
8 preparations, compounds, mixtures or substances are of an aggregate
9 weight of one ounce or more; or
10 S 8. Subdivision 3 of section 220.34 of the penal law, as amended by
11 chapter 537 of the laws of 1998, is amended to read as follows:
12 3. concentrated cannabis as defined in [paragraph (a) of] subdivision
13 four of section thirty-three hundred two of the public health law, OR
14 SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION
15 THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW; or
16 S 9. The penal law is amended by adding a new section 220.79 to read
17 as follows:
18 S 220.79 DEFENSE FOR SALE OR ADMINISTRATION OF SAMPLES OF SYNTHETIC
19 CANNABINOID.
20 IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION, PARTNERSHIP,
21 ASSOCIATION, LIMITED LIABILITY COMPANY OR OTHER ENTITY THAT SOLD,
22 OFFERED FOR SALE OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION
23 ANY PRODUCT WHICH CONTAINS A SYNTHETIC CANNABINOID, DID NOT HAVE KNOW-
24 LEDGE THAT IT WAS A PRODUCT CONTAINING A SYNTHETIC CANNABINOID, IF SUCH
25 KNOWLEDGE WAS NOT REASONABLY DISCOVERABLE.
26 S 10. This act shall take effect on the ninetieth day after it shall
27 have become a law; provided, however, that the commissioner of health
28 and the division of criminal justice services shall immediately take the
29 actions necessary to ensure that the database created by subdivision 7
30 of section 3308 of the public health law, as added by section four of
31 this act is established and maintained in accordance with such subdivi-
32 sion, and provided further, that, notwithstanding the provisions of any
33 law to the contrary, for ninety days after this act shall have become
34 law, section 220.03, 220.06, 220.09, 220.16, 220.18, 220.21, 221.05,
35 221.10, 221.15, 221.20, 221.25 or 221.30 of the penal law shall not be
36 enforced with regard to the possession of synthetic cannabinoids, as
37 defined in section 3302 of the public health law.
