senate Bill S3469

Signed by Governor Amended

Establishes certain substances as schedule I stimulants controlled substances

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 04 / Feb / 2013
    • REFERRED TO HEALTH
  • 13 / May / 2013
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 13 / May / 2013
    • PRINT NUMBER 3469A
  • 21 / May / 2013
    • 1ST REPORT CAL.663
  • 22 / May / 2013
    • 2ND REPORT CAL.
  • 23 / May / 2013
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO CODES
  • 19 / Jun / 2013
    • SUBSTITUTED FOR A717A
  • 19 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.491
  • 19 / Jun / 2013
    • PASSED ASSEMBLY
  • 19 / Jun / 2013
    • RETURNED TO SENATE
  • 12 / Sep / 2013
    • DELIVERED TO GOVERNOR
  • 12 / Sep / 2013
    • SIGNED CHAP.341

Summary

Establishes certain substances as schedule I stimulant controlled substances.

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Bill Details

See Assembly Version of this Bill:
A717
Versions:
S3469
S3469A
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Amd §§3306 & 3308, rpld §3306 schedule I ¶¶9 & 10, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
S7826, A10803

Sponsor Memo

BILL NUMBER:S3469

TITLE OF BILL: An act to establish a substituted cathinone surrender
program; to amend the public health law, in relation to controlled
substances; to repeal certain provisions of the public health law,
relating to controlled substances; and providing for the repeal of
certain provisions upon expiration thereof

PURPOSE: To classify substituted cathinones (these products, often
referred to as "bath salts", chemically related to methamphetamines and
ecstasy which are both classified as stimulants) as Schedule I stimulant
controlled substances and to create a Statewide substituted Cathinone
Surrender Program to allow for surrender of these harmful substances to
appropriate authorities.

SUMMARY OF PROVISIONS: Amends the Public Health Law and Penal Law to
add substituted cathinones to the CSA based on chemical structures. A
direct reference to "meth-cathinone" is removed because it fits within
the class. Creates penalties for possession and sale similar to other
stimulants, because these products often referred to as "bath salts,"
are chemically related to methamphetamines and ecstasy - which are both
classified as stimulants.

Requires provisions to allow for the surrender of these substances
during the 90 day period after enactment of the law to the appropriate
authorities, and requires that a database be maintained to increase
awareness of these products and their harmful effects.

EXISTING LAW: Chapter 130 of the Laws of 2011 banned the sale or
distribution of any product containing Mephedrone and MDPV which were
marketed as "bath salts."

JUSTIFICATION: Many recent and disturbing news reports have brought to
light the continued danger of a drug like product known as "bath salts."
According to UPSTATE Medical University and the Upstate New York Poison
Center "bath salts" is a common term used for man-made stimulant (upper)
drugs that are similar to "ICE" methamphetamine (or crystal meth). Since
they are very similar to other stimulant (upper) drugs like meth (amphe-
tamine), they are very dangerous when used. "Bath salts" can be snort-
ed, smoked, or even put in water and injected using a needle. They come
in a variety of different and attractive packaging with enticing names
like "Cloud Nine", "White Lightening." "Purple Rain", "Pixie Dust", and
many more.

These drugs stimulate the nervous system (brain) and the cardiac system
(heart). Severe symptoms may occur including convulsions, seizures,
chest pain, excessive sweating, hallucination, anger/violence, suicidal
thoughts and action. The use of "bath salts" can cause heart attacks,
permanent brain damage and scary hallucinations that can last for days
or even weeks. Behavior can result in suicide or the harm to or killing
of others.

While Chapter 130 of the Laws of 130 criminalized the sale of "bath
salt" products containing Mephedrone and MDPV, a current practice of
making minor alterations to chemicals to subvert statutes that prohibit
distinct chemicals made it possible for slightly altered "bath salt"
products to continue to be sold in New York State. In this new legis-
lation, by adding substituted cathinones to the CSA based on founda-
tional chemical structures, this loophole of chemical alteration would
be closed. Not only will this bill provide criminal sanctions, but also
makes it a felony to sell such product to a minor or on school grounds.

LEGISLATIVE HISTORY: 2011-2012: S,7826/A.10803 - referred to health

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect 90 days after it shall have
become a law, with provisions.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3469

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to establish a substituted cathinone surrender program; to  amend
  the public health law, in relation to controlled substances; to repeal
  certain  provisions  of  the public health law, relating to controlled
  substances; and providing for the repeal of  certain  provisions  upon
  expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  There is hereby established a statewide substituted cathi-
none surrender program. Pursuant to this program, for a period of ninety
days commencing on the effective date of this section:
  The department of health shall establish a statewide substituted cath-
inone surrender program, in compliance with  federal  law.  The  program
shall  be  composed of locations throughout the state, at which individ-
uals may anonymously surrender products  containing  substituted  cathi-
nones,  as defined in section 3306 of the public health law. A surrender
of substituted cathinones pursuant to this section shall not  constitute
a "sale" for the purposes of the penal law.
  S  2.  Paragraph 5 of subdivision (f) of schedule I of section 3306 of
the public health law, as amended by chapter 457 of the laws of 2006, is
amended to read as follows:
  (5) [Methcathinone (some other names: 2-(methylamino) - propiophenone;
alpha-(methylamino)   propiophenone;    2-(methylamino) -1-phenylpropan-
1-one;  alpha-N-methylaminopropiophenone;  monomethylpropion; ephedrone,
N-methylcathinone, methylcathinone; AL-464; AL-422; AL-463 and  UR1432),
its  salts,  optical  isomers  and salts of optical isomers] SUBSTITUTED
CATHINONES. ANY COMPOUND, OTHER THAN BUPROPRION,  THAT  IS  STRUCTURALLY
DERIVED  FROM 2-AMINO-1-PHENYL-1-PROPANONE BY MODIFICATION IN ANY OF THE
FOLLOWING WAYS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04273-01-3

S. 3469                             2

  (I) BY SUBSTITUTION IN THE PHENYL  RING  TO  ANY  EXTENT  WITH  ALKYL,
ALKOXY, ALKYLENEDIOXY, HALOALKYL, OR HALIDE SUBSTITUENTS, WHETHER OR NOT
FURTHER  SUBSTITUTED  IN  THE PHENYL RING BY ONE OR MORE OTHER UNIVALENT
SUBSTITUENTS;
  (II) BY SUBSTITUTION AT THE 3-POSITION WITH AN ALKYL SUBSTITUTENT;
  (III)  BY  SUBSTITUTION  AT  THE  NITROGEN  ATOM WITH ALKYL OR DIALKYL
GROUPS, OR BY INCLUSION OF THE NITROGEN ATOM IN A CYCLIC STRUCTURE.
  S 3. Paragraphs 9 and 10 of subdivision (f) of schedule I  of  section
3306 of the public health law are REPEALED.
  S  4. Section 3308 of the public health law is amended by adding a new
subdivision 7 to read as follows:
  7. THE COMMISSIONER SHALL, IN CONJUNCTION WITH THE DIVISION OF  CRIMI-
NAL JUSTICE SERVICES, ESTABLISH AND MAINTAIN A DATABASE OF KNOWN SUBSTI-
TUTED CATHINONES, AS DEFINED IN SECTION THIRTY-THREE HUNDRED SIX OF THIS
TITLE.  THE  DATABASE  SHALL BE PUBLISHED ON THE DEPARTMENT'S WEBSITE SO
THAT CONSUMERS, RETAILERS,  AND  LAW  ENFORCEMENT  AGENCIES  CAN  ACCESS
INFORMATION INCLUDING, BUT NOT LIMITED TO:
  (A)  A  LIST  OF COMPOUNDS KNOWN TO BELONG TO THE CLASSES OF CHEMICALS
LISTED ABOVE, AND THEIR TRADE NAMES;
  (B)  A  PHYSICAL  DESCRIPTION  OF  PRODUCTS  KNOWN  TO  CONTAIN   SUCH
COMPOUNDS, AND THEIR EFFECTS; AND
  (C)  A  LIST  OF  THE  BRAND  NAMES  OF PRODUCTS KNOWN TO CONTAIN SUCH
COMPOUNDS, AND IMAGES OF THEIR PACKAGING.
  THE WEBSITE SHALL INCLUDE A STATEMENT INDICATING THAT SUCH INFORMATION
IS BEING PROVIDED AS  A  RESOURCE  FOR  CONSUMERS,  RETAILERS,  AND  LAW
ENFORCEMENT;  AND,  DUE  TO  THE  NATURE OF THE ILLEGAL DRUG TRADE, SUCH
INFORMATION MAY NOT BE COMPREHENSIVE. NEITHER  THE  DEPARTMENT  NOR  THE
DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL BE LIABLE FOR ANY ECONOMIC
HARM, PERSONAL  INJURY,  OR  DEATH  THAT  MAY  RESULT  FROM  INFORMATION
INCLUDED IN, OR OMITTED FROM, THE DATABASE.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the  commissioner  of  health
and the division of criminal justice services shall immediately take the
actions  necessary  to ensure that the database created by subdivision 7
of section 3308 of the public health law, as added by  section  four  of
this  act,  and the surrender program established by section one of this
act, are operational on such effective date; and provided, further, that
the provisions of section one of this act shall  expire  and  be  deemed
repealed on the ninety-first day after such effective date.

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