Bill Text: NY S03104 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits the sale and distribution of synthetic cannabinoids; establishes a statewide synthetic cannabinoid surrender program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S03104 Detail]

Download: New_York-2019-S03104-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3104
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 4, 2019
                                       ___________
        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        AN ACT to establish a statewide synthetic cannabinoid surrender  program
          within  the  department  of  health; and to amend the general business
          law, the tax law and the alcoholic beverage control law,  in  relation
          to prohibiting the sale of synthetic cannabinoids
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.   There is hereby established,  within  the  department  of
     2  health,  a  statewide  synthetic  cannabinoid  surrender  program.  Such
     3  program shall, for a period of 90 days after the effective date of  this
     4  section,  in  compliance  with  federal  law  operate  as  the statewide
     5  synthetic cannabinoid  surrender  program  whereby  any  individual,  at
     6  multiple  geographic  locations  throughout  the  state, may anonymously
     7  surrender to the department of health any product containing a synthetic
     8  cannabinoid, as defined in section 399-hh of the general  business  law.
     9  Provided  further, that no surrender of a synthetic cannabinoid pursuant
    10  to this section shall be deemed to be a sale for  any  purpose  of  law,
    11  rule or regulation.
    12    §  2. The general business law is amended by adding a new section 399-
    13  hh to read as follows:
    14    § 399-hh. Sale or distribution of synthetic  cannabinoid;  prohibited.
    15  1.  For  the purposes of this section, "synthetic cannabinoid" means any
    16  chemical compound that is  a  cannabinoid  receptor  agonist  and  shall
    17  include, but not be limited to, any material, compound, mixture or prep-
    18  aration  that  is  not  designated as a controlled substance pursuant to
    19  section thirty-three hundred six of the  public  health  law;  provided,
    20  however,  that  the  term  "synthetic cannabinoid" shall not include any
    21  product approved by the United States Food and Drug Administration as  a
    22  drug or medical device, or approved by the commissioner of health pursu-
    23  ant to title five-A of article thirty-three of the public health law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09037-01-9

        S. 3104                             2
     1    2.  No  person,  firm,  corporation, partnership, association, limited
     2  liability company or other entity shall sell, offer for sale, distribute
     3  or give away, for retail, wholesale or promotional purposes any synthet-
     4  ic cannabinoid.
     5    3.  Any  person,  firm, corporation, partnership, association, limited
     6  liability company or other entity that is  found  by  a  local  criminal
     7  court,  as defined in subdivision three of section 10.10 of the criminal
     8  procedure law, to have violated the provisions  of  subdivision  two  of
     9  this  section  shall  be  subject  to  a  civil  penalty of two thousand
    10  dollars; provided, however, that upon a finding of a  second  or  subse-
    11  quent  violation  within any period of five years, the violator shall be
    12  subject to a civil penalty  of  five  thousand  dollars;  and  provided,
    13  further,  that  upon a finding of a third or subsequent violation within
    14  any period of five years, the court shall provide notice thereof to  the
    15  commissioner  of  taxation  and finance, the division of the lottery and
    16  the state liquor authority, and the violator shall  be  prohibited  from
    17  selling  cigarettes and tobacco products, lottery tickets, and alcoholic
    18  beverages for a period of five years.
    19    § 3. Paragraphs (e) and (f) of subdivision 2 of section 480 of the tax
    20  law, as amended by chapter 744 of the laws of 1990, are  amended  and  a
    21  new paragraph (g) is added to read as follows:
    22    (e)  Any controlling person of such applicant has committed any of the
    23  acts specified in subdivision three of this section within the preceding
    24  five years, [or]
    25    (f) Such applicant or any controlling person has been  finally  deter-
    26  mined  to have violated any of the provisions of this article or article
    27  twenty-A of this chapter, or any rule or regulation adopted pursuant  to
    28  this article or article twenty-A of this chapter[.], or
    29    (g)  Such  applicant  or any controlling person has been determined to
    30  have violated subdivision two of section three hundred ninety-nine-hh of
    31  the general business law, three or more times during a  period  of  five
    32  years;  in such case the violator shall be denied a license for a period
    33  of five years after the last such violation.
    34    § 4. Subparagraphs (iii) and (iv) of paragraph (b) of subdivision 3 of
    35  section 480 of the tax law, subparagraph (iii) as added by  chapter  860
    36  of  the  laws  of 1987 and subparagraph (iv) as amended by chapter 61 of
    37  the laws of 1989, are amended and a new subparagraph  (v)  is  added  to
    38  read as follows:
    39    (iii) Has impersonated any person represented to be a wholesale dealer
    40  under this article but not in fact licensed under this section, [or]
    41    (iv) Has knowingly aided and abetted the sale of cigarettes or tobacco
    42  products by a person which such licensee or controlling person knows (A)
    43  has  not  been  licensed by the commissioner of taxation and finance and
    44  (B) is a wholesale dealer pursuant to the terms of subdivision eight  of
    45  section four hundred seventy of this [chapter.] article, or
    46    (v)  Has  been  determined to have violated subdivision two of section
    47  three hundred ninety-nine-hh of the general business law, three or  more
    48  times during a period of five years; in such case the violator's license
    49  shall be cancelled or suspended for a period of five years.
    50    § 5. Subdivision a of section 1605 of the tax law, as amended by chap-
    51  ter 217 of the laws of 2011, is amended to read as follows:
    52    a.  The  division  may  license as agents to sell lottery tickets such
    53  persons as in its opinion will best  serve  public  convenience,  except
    54  that  no  license  shall  be  issued to any person to engage in business
    55  exclusively as a lottery sales agent; and  provided,  further,  that  no
    56  license  shall  be  issued to any person who has been determined to have

        S. 3104                             3
     1  violated subdivision two of section three hundred ninety-nine-hh of  the
     2  general business law, three or more times during a period of five years;
     3  in such case the violator shall be denied a license for a period of five
     4  years  after  the  last  such  violation.  The division may license such
     5  persons as in its opinion are suitable to participate in  video  lottery
     6  gaming pursuant to section sixteen hundred seventeen-a of this article.
     7    §  6.  Section 1607 of the tax law is amended by adding a new subdivi-
     8  sion i to read as follows:
     9    i. Three or more  violations  of  subdivision  two  of  section  three
    10  hundred ninety-nine-hh of the general business law, within any period of
    11  five  years,  in  which  case, the division shall suspend the violator's
    12  license for a period of five years.
    13    § 7. Section 105 of the alcoholic beverage control law is  amended  by
    14  adding a new subdivision 4 to read as follows:
    15    4.  No  person shall receive a license to engage in the retail sale of
    16  alcoholic beverages for off-premises consumption, who  has  been  deter-
    17  mined  to have violated subdivision two of section three hundred ninety-
    18  nine-hh of the general business law, three or more times during a period
    19  of five years; in such case the violator shall be denied a license for a
    20  period of five years after the last such violation.
    21    § 8. Section 106 of the alcoholic beverage control law is  amended  by
    22  adding a new subdivision 4-b to read as follows:
    23    4-b. No person shall receive a license to engage in the retail sale of
    24  alcoholic beverages for on-premises consumption, who has been determined
    25  to have violated subdivision two of section three hundred ninety-nine-hh
    26  of the general business law, three or more times during a period of five
    27  years;  in such case the violator shall be denied a license for a period
    28  of five years after the last such violation.
    29    § 9. Section 118 of the alcoholic beverage control law is  amended  by
    30  adding a new subdivision 1-a to read as follows:
    31    1-a.  A  license  or  permit  issued pursuant to this chapter shall be
    32  suspended for a period of five years when the holder  thereof  has  been
    33  determined  to  have  violated  subdivision two of section three hundred
    34  ninety-nine-hh of the general business law, three or more times during a
    35  period of five years.
    36    § 10. Construction with other laws.  Nothing  in  this  act  shall  be
    37  construed to limit or restrict any municipality from enacting or enforc-
    38  ing  a  local  law  or ordinance governing a license issued by a munici-
    39  pality where such business was found to  have  unlawfully  manufactured,
    40  distributed or sold a synthetic cannabinoid or synthetic phenthylamine.
    41    §  11.  This  act  shall  take effect on the one hundred eightieth day
    42  after it shall have become a law.  Effective immediately, the  addition,
    43  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    44  implementation of this act on its effective date are  authorized  to  be
    45  made and completed on or before such effective date.
feedback