senate Bill S1834
(R, C, IP) 2nd Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Prohibits sale or distribution of any product containing a synthetic cannabinoid; defines the chemical compounds which constitute a synthetic cannabinoid; imposes a civil penalty of not more than $500 for a violation thereof; creates defenses based on over the counter drugs approved by the federal food and drug administration or lack of knowledge that the product contained a synthetic cannabinoid.
TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting
the sale or distribution of products containing a synthetic
To prohibit the sale or distribution of any product containing a
SUMMARY OF PROVISIONS:
Section One - The General Business Law is amended by adding a new
section 391-q to define a "synthetic cannabinoid" and prohibits the
sale, offering or gift of any products containing such. Sets forth a
civil penalty for violations of this section. Creates a defense for
persons who unknowingly sell, offer or give away products containing a
synthetic cannabinoid if such knowledge was not reasonably
Section Two - Sets forth the effective date.
New York State Law does not ban the sale or gift of the herb-like
products that contain synthetic cannabinoids often known as K2, Spike
99, Spice, Yucatan Fire, Genie, Zohai and many others.
Many recent news reports have brought to light the use of a legal
herb-like product that is laced with a synthetic cannabinoid that is
being smoked by individuals, including teens, as "fake weed." While
producing a marijuana-like high, dangerous side effects reported
include hallucinations, vomiting, agitation, increased heart rate,
elevated blood pressure and other adverse conditions.
This product, known as K2, Spike 99, Spice, Yucatan Fire, Genie or
Zohai and many others, can often be legally purchased in head shops,
smoke shops, tobacco shops or novelty shops. It can also be legally
purchased by mail or on the Internet. In fact, the product is often
marketed as incense or potpourri and on average sells for $30 to $40
per three gram bag. This price is comparable to what an individual
would pay on the street for the illegal substance marijuana.
Even more disturbing is that this type of synthetic cannabinoid has
never been tested for safety in humans as it was created for
experimental use in animals and cell cultures. In fact, these
synthetic cannabinoids have a chemical structure that is shared with
many cancer-causing agents.
The United States Drug Enforcement Administration (DEA) has issued
intelligence alert bulletins in regard to these substances. In
addition, the chemical compounds outlined in this legislation are on
the DEA's Office of Diversion Control's list of "Drugs and Chemicals
While the synthetic ingredients in these herb-like products which
mimic those of the illegal drug marijuana are banned throughout much
of Europe, bans are only beginning to take place in the United States.
Legislation banning these products recently was signed into law in
Kansas making it the first state in the nation to ban this type of
dangerous product. Legislation is also pending in Kentucky, Missouri
and Tennessee as of March 2010.
2010: S.7081A - Reported out of Consumer Protection; Committed to
This act shall take effect on the sixtieth day after it shall have
become a law.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.