Bill Text: NY S00118 | 2019-2020 | General Assembly | Introduced


Bill Title: Criminalizes the sale, use and possession of synthetic drugs; provides various definitions for types of synthetic drugs.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00118 Detail]

Download: New_York-2019-S00118-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           118
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  ORTT  --  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  the  criminalization  of
          selling, using or possessing synthetic drugs
          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 220.66  to
     2  read as follows:
     3  § 220.66 Criminal  sale,  use or possession of synthetic drugs and other
     4             similar compounds.
     5    A person is guilty of the criminal sale, use or possession of synthet-
     6  ic drugs and other similar compounds when they knowingly and  unlawfully
     7  sell,  use and/or possess any synthetic drug, unless such synthetic drug
     8  has been expressly prescribed to such person by  a  physician,  psychia-
     9  trist  or  person  otherwise  duly  licensed and authorized to prescribe
    10  medication within New York  state,  and  at  the  time  of  the  alleged
    11  violation,  the  person  in  possession of the synthetic drug is able to
    12  provide written proof to the law enforcement officer that the  synthetic
    13  drug  was so prescribed. Each such violation shall constitute a separate
    14  and distinct offense. For purposes of this section:
    15    1. "synthetic drug" shall  mean  any  product,  whether  described  as
    16  tobacco,   potpourri,  herbs,  incense,  spice,  aromatic,  bath  salts,
    17  synthetic marijuana, synthetic stimulant or any combination thereof, and
    18  whether marketed for the purpose of being  ingested  otherwise  marketed
    19  which  includes,  but  is  not  limited to, one or more of the following
    20  hallucinogenic substances:
    21    (a) "synthetic cannabinoids" shall mean any substance that is a canna-
    22  binoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding
    23  studies and function assays or is a structural analog or chemical deriv-
    24  ative of any listed compound, as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02419-01-9

        S. 118                              2
     1    (i) 2-[(1R,    2R,     5R)-5-hydroxy-2-(3-hydroxypropyl)     cyclohex-
     2  yl]-5-(2-methyloctan-2-yl)phenol
     3    (ii) 4-methoxyphenyl)-[2-methyl-1-(2-morpholin-4-ylethyl)indol-3-yl]
     4  methanone
     5    (iii) [(3R)-5-Methyl-3-(morpholin-4-ylmethyl)-2,
     6  3-dihydro[1,4}oxazino[2,3,4-hi]indol-6-yl](naphthalene-1-yl)methanone
     7    (iv) (2-Methyl-1-pentyl-1H-indol-3-yl)(naphthalen-1-yl)methanone
     8    (v) (2-Methyl-1-propyl-1H-indol-3-yl)(naphthalene-1-yl)methanone
     9    (vi) Naphthalen-1-yl[1-(pen-4-en-1-yl)-1H-indol-3-yl)methanone
    10    (vii) 1-pentyl-3-(4-ethyl-1-naphthoyl)indole
    11    (viii) 1-pentylindol-3-yl)napthalen-1-ylmethane
    12    (ix) (1-Pentyl-1H-indol-3-yl)(4-propylnaphthalen-1-yl)methanone
    13    (x) 3-[(4-methyl-1-naphthaleny)methyl]-1-pentyl-1H-indole
    14    (xi) 1-([(1E)-3-pentylinden-1-ylidine]methyl)naphthalene
    15    (xii) 2-(2-methylphenyl)-1-(1-pentyl-1H-indol-e-yl)ethanone
    16    (xiii) 2-(3-methoxylphenyl)-1-(1-pentylindol-3-yl)ethanone
    17    (xiv) (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone
    18    (xv) 1-pentyl-3-(2-iodobenzoyl)indole
    19    (xvi) [1-[(1-Methyl-2-piperidinyl)methyl]-3-indolyl]-(1-naphthalenyl)
    20  methanone
    21    (xvii) 1-[(N-methylpiperidin-2-yl)methyl]3-(adaman-1-oyl)indole
    22    (xviii) (2-lodophenyl){1-[1-methylpiperidin-2-yl)methyl]-1H-indole-3-yl}
    23  methanone
    24    (xix) (1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
    25    (xx) [1-(5-Fluoropentyl)-1H-indol-3-yl])2,2,3,3-tetramethylcyclopropyl)
    26  methanone
    27    Unless  specifically exempted or unless listed in another schedule, or
    28  approved for use by the Food and Drug  Administration  as  a  legitimate
    29  pharmaceutical compound, any material, compound, mixture, or preparation
    30  which  contains  any  quantity  of  the above listed compounds, or which
    31  contains their salts, isomers, and salts of isomers whenever the  exist-
    32  ence of such salts, isomers, and salts of isomers is possible within the
    33  specific  chemical designation or contains a structural analog or chemi-
    34  cal derivative of any of the listed compounds.
    35    (b) "substituted cathinones" shall mean any substance that is a struc-
    36  tural analog cathinone including any chemical derivatives  of  cathinone
    37  which by definition has a structural substitution on the benzene ring or
    38  aliphatic  chain  or contains a structural analog or chemical derivative
    39  of any of the listed compounds, as follows:
    40    (i) 4-Methoxymethcathinone
    41    (ii) 3-Fluoromethcathinone
    42    (iii) 4-Fluoromethcathinone
    43    (iv) 2-Methylmethcathinone
    44    (v) 3-Methylmethcathinone
    45    (vi) 2-Ethylethcathinone
    46    (vii) 3-Ethylethcathinone
    47    (viii) 4-Ethylethcathinone
    48    (ix) 2-Methylethcathinone
    49    (x) 3-Methylethcathinone
    50    (xi) 4-Methylethcathinone
    51    (xii) 4-Fluoroethcathinone
    52    (xiii) Ethylmethcathinone
    53    (xiv) B-Keto-methylbenzodioxolylpentanamine
    54    (xv) 2-(methlamino)-1-phenylpentan-1-one
    55    (xvi) a-Pyrrolidinopentiophenone
    56    (xvii) 3,4-methylenedioxy-N-ethylcathinone

        S. 118                              3
     1    (xviii) a-Pyrrolidinopropiophenone
     2    (xix) 3,4-Methylenedioxy-a pyrrolidinopropiophenone
     3    (xx) (RS)-1-naphthalen-2-yl-2-pyrrolidin-1-ylpentan-1-one
     4    Unless  specifically exempted or unless listed in another schedule, or
     5  approved for use by the Food and Drug  Administration  as  a  legitimate
     6  pharmaceutical  compound, any material, compound, mixture or preparation
     7  which contains any quantity of the  above  listed  compounds,  or  which
     8  contains  their  salts, isomers and salts of isomers whenever the exist-
     9  ence of such salts, isomers, and salts of isomers is possible within the
    10  specific chemical designation.
    11    (c) "substituted phenethylamines" shall mean any substance that  is  a
    12  structural  analog  of any phenethylamine scheduled in the public health
    13  law, including any chemical  derivatives  of  scheduled  phenethyalmines
    14  which by definition has a structural substitution on the benzene ring or
    15  aliphatic  chain  or  contains  a structural analog of any of the listed
    16  compounds, as follows:
    17    (i) 4-Methylamphetamine
    18    (ii) 3-Methylamphetamine
    19    (iii) 4-Chloroamphetamine
    20    (iv) 4-Fluoroamphetamine
    21    (v) 2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine
    22    (vi) 2-(4-iodo-2,5-dimethoxyphenyl)-N{(2-methoxyphenyl)methyl}ethanamine
    23    (vii) 1-(6-Benzofuranyl)-2-propanamine (MDA with a  O>C  ring  substi-
    24  tute)
    25    Unless  specifically exempted or unless listed in another schedule, or
    26  approved for use by the Food and Drug  Administration  as  a  legitimate
    27  pharmaceutical compound, any material, compound, mixture, or preparation
    28  which  contains  any  quantity  of  the above listed compounds, or which
    29  contains their salts, isomers, and salts of isomers whenever the  exist-
    30  ence of such salts, isomers, and salts of isomers is possible within the
    31  specific chemical designation.
    32    (d) "substituted phenylpiperazines" shall mean any substance that is a
    33  chemical  analog  of  Benzylpiperzine  or  any  chemical  derivatives of
    34  Benzylpiperazine which by definition has a  structural  substitution  on
    35  the benzene or piperazine ring or contains a structural analog of any of
    36  the listed compounds, as follows:
    37    (i) Trifluromethylphenylpiperazine
    38    (ii) meta-Chlorophenylpiperazine
    39    (iii) para-Chlorophenylpiperazine
    40    (iv) para-Fluorophenylpiperazine
    41    (v) 4-Methoxyphenylpiperzine
    42    (vi) Dibenzylpiperazine
    43    Unless  specifically exempted or unless listed in another schedule, or
    44  approved for use by the Food and Drug  Administration  as  a  legitimate
    45  pharmaceutical compound, any material, compound, mixture, or preparation
    46  which  contains  any  quantity  of  the above listed compounds, or which
    47  contains their salts, isomers, and salts of isomers whenever the  exist-
    48  ence of such salts, isomers, and salts of isomers is possible within the
    49  specific chemical designation.
    50    (e)  "substituted  tryptamines"  shall  mean  any  substance that is a
    51  structural  analog  of  Dimethyltryptamine,  or  Psilocin,  (Schedule  I
    52  Controlled  Substances) or any chemical derivative of Demethyltryptamine
    53  which by definition has a structural substitution on the indole ring  of
    54  aliphatic chain or contains a structural analog of 5-MeO-DALT.
    55    Unless  specifically exempted or unless listed in another schedule, or
    56  approved for use by the Food and Drug  Administration  as  a  legitimate

        S. 118                              4
     1  pharmaceutical compound, any material, compound, mixture, or preparation
     2  which  contains  any  quantity  of  the above listed compounds, or which
     3  contains their salts, isomers, and salts of isomers whenever the  exist-
     4  ence of such salts, isomers, and salts of isomers is possible within the
     5  specific chemical designation.
     6    (f) unclassified structurally:
     7    (i) Desoxypipadrol (2-DPMP)
     8    (ii) 3-methoxy-phencyclidine
     9    (iii) 4-methoxy-phencyclidine
    10    (iv) Methoxetamine (Ketamine Analog)
    11    (v) (3-diethylamino-2,2-dimethylopropyl)-4-aminobenzoate
    12    (vi) 5,6-Methylenedioxy-2-aminoindane
    13    (vii) (5-lodo-2-aminoindane) 5-iodo-2,3-dihydro-1H-inden-2-amine.
    14    (g) Any substance that induces toxic effects including but not limited
    15  to  vomiting,  rapid heart rate, hallucinations, delusions and/or babbl-
    16  ing.
    17    2. "structural analog" shall mean an optical or positional isomer of a
    18  chemical derivative of any drug listed in section three  thousand  three
    19  hundred  six  of  the public health law or any of the substances specif-
    20  ically listed in this section, with the exception  of  those  substances
    21  approved by the Food and Drug Administration for use as pharmaceuticals.
    22    3.  "chemical  derivative" shall mean a compound produced by adding an
    23  element or chemical group to the ring of aliphatic chain of an  existing
    24  chemical.
    25    4.  "element"  shall  mean  any  substance  in  the  periodic table of
    26  elements.
    27    5. "chemical group" shall mean a small combination of elements.
    28    Criminal sale, use or possession of synthetic drugs and other  similar
    29  compounds is a class E felony.
    30    § 2. Severability. If any provision of section 220.66 of the penal law
    31  as  added  by  section one of this act or the application thereof to any
    32  person or circumstance shall be adjudged invalid by a court of competent
    33  jurisdiction, such order or judgment shall be confined in its  operation
    34  to  the  controversy  in  which it was rendered, and shall not affect or
    35  invalidate the remainder of any provision or the application of any part
    36  thereof to any  other  person  or  circumstance  and  to  this  end  the
    37  provisions   are  hereby  declared  to  be  severable.  Insofar  as  the
    38  provisions of section 220.66 of the penal law as added by section one of
    39  this act are inconsistent with the provisions of any other law, general,
    40  special or local, the provisions of section one of  this  act  shall  be
    41  controlling.
    42    § 3. This act shall take effect immediately.
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