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

                                  1686

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. FLANAGAN, GALLIVAN, GOLDEN, LITTLE, MARTINS -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Health

AN  ACT  to  establish a synthetic cannabinoid and substituted cathinone
  surrender program; to amend the public health law and the  penal  law,
  in  relation to controlled substances; to repeal certain provisions of
  the public health law, relating to controlled substances; and  provid-
  ing 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 synthetic cannabi-
noid and substituted  cathinone  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 synthetic canna-
binoid and substituted cathinone surrender program, in  compliance  with
federal  law.  The program shall be composed of locations throughout the
state, at which individuals may anonymously surrender products  contain-
ing  synthetic  cannabinoids,  as  defined in section 3302 of the public
health law, and substituted cathinones, as defined in  section  3306  of
the public health law. A surrender of synthetic cannabinoids and substi-
tuted  cathinones pursuant to this section shall not constitute a "sale"
for the purposes of the penal law.
  S 2. Subdivision 4 of section 3302 of the public health law, as  added
by  chapter  878 of the laws of 1972 and as renumbered by chapter 537 of
the laws of 1998, is amended to read as follows:
  4. "Concentrated Cannabis" means
  [(a)] the separated resin, whether crude or purified, obtained from  a
plant of the genus Cannabis[; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05666-01-3
              

S. 1686                             2

  (b)  a  material,  preparation,  mixture,  compound or other substance
which contains more than two and one-half percent by weight  of  delta-9
tetrahydrocannabinol,  or  its  isomer,  delta-8  dibenzopyran numbering
system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
terpene numbering system].
  S  3. Section 3302 of the public health law is amended by adding a new
subdivison 42 to read as follows:
  42. "SYNTHETIC CANNABINOID" MEANS ANY MATERIAL, COMPOUND,  MIXTURE  OR
PREPARATION CONTAINING ANY QUANTITY OF:
  (A)  TETRAHYDROCANNABINOLS,  NAPHTHOYLINDOLES,  NAPHTHYLMETHYLINDOLES,
NAPHTHOYLPYRROLES, NAPHTHYLIDENEINDENES, PHENYLACETYLINDOLES,  CYCLOHEX-
YLPHENOLS,  BENZOYLINDOLES,  OR ADAMANTOYLINDOLES, AS DEFINED IN SECTION
THIRTY-THREE HUNDRED SIX OF THIS TITLE;
  (B) (6AR, 10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-
6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (HU-210);
  (C) (6AS, 10AS)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-
6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (DEXANABINOL OR HU-211); OR
  (D) 2,3-DIHYDRO-5-METHYL-3-(4-MORPHOLINYLMETHYL)PYRROLO{1,2,3-DE}-1,
4-BENZOXAZIN-6-Y1-1-NAPHTHALENYLMETHANONE (WIN 55,212-2).
  S 4. Subdivision (d) of schedule I  of  section  3306  of  the  public
health  law  is  amended by adding eleven new paragraphs 33, 34, 35, 36,
37, 38, 39, 40, 41, 42 and 43 to read as follows:
  (33) NAPHTHOYLINDOLES. ANY COMPOUND CONTAINING A 3-(1-NAPHTHOYL)INDOLE
STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE  RING  BY
AN   ALKYL,   HALOALKYL,   ALKENYL,  CYCLOALKYLMETHYL,  CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER OR NOT FURTHER SUBSTITUTED IN THE  INDOLE  RING  TO  ANY  EXTENT  AND
WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL RING TO ANY EXTENT.
  (34)     NAPHTHYLMETHYLINDOLES.     ANY    COMPOUND    CONTAINING    A
H-INDOL-3-YL-(1-NAPHTHYL)METHANE  STRUCTURE  WITH  SUBSTITUTION  AT  THE
NITROGEN ATOM OF THE INDOLE RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLO-
ALKYLMETHYL,    CYCLOALKYLETHYL,   1-(N-METHYL-2-PIPERIDINYL)METHYL   OR
2-(4-MORPHOLINYL)ETHYL GROUP, WHETHER OR NOT FURTHER SUBSTITUTED IN  THE
INDOLE RING TO ANY EXTENT AND WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL
RING TO ANY EXTENT.
  (35)      NAPHTHOYLPYRROLES.     ANY     COMPOUND     CONTAINING     A
3-(1-NAPHTHOYL)PYRROLE STRUCTURE WITH SUBSTITUTION AT THE NITROGEN  ATOM
OF  THE  PYRROLE RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLMETHYL,
CYCLOALKYLETHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETHER OR NOT  FURTHER
SUBSTITUTED IN THE PYRROLE RING TO ANY EXTENT AND WHETHER OR NOT SUBSTI-
TUTED IN THE NAPHTHYL RING TO ANY EXTENT.
  (36)  NAPHTHYLIDENEINDENES. ANY COMPOUND CONTAINING A NAPHTHYLIDENEIN-
DENE STRUCTURE WITH SUBSTITUTION AT THE 3-POSITION OF THE INDENE RING BY
AN  ALKYL,  HALOALKYL,   ALKENYL,   CYCLOALKYLMETHYL,   CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER  OR  NOT  FURTHER  SUBSTITUTED  IN  THE INDENE RING TO ANY EXTENT AND
WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL RING TO ANY EXTENT.
  (37) PHENYLACETYLINDOLES. ANY COMPOUND CONTAINING A  3-PHENYLACETYLIN-
DOLE STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE RING
BY  AN  ALKYL,  HALOALKYL,  ALKENYL,  CYCLOALKYLMETHYL, CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER OR NOT FURTHER SUBSTITUTED IN THE  INDOLE  RING  TO  ANY  EXTENT  AND
WHETHER OR NOT SUBSTITUTED IN THE PHENYL RING TO ANY EXTENT.
  (38)      CYCLOHEXYLPHENOLS.     ANY     COMPOUND     CONTAINING     A
2-(3-HYDROXYCYCLOHEXYL)PHENOL STRUCTURE WITH SUBSTITUTION AT THE 5-POSI-
TION OF THE PHENOLIC RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLME-

S. 1686                             3

THYL,     CYCLOALKYLETHYL,      1-(N-METHYL-2-PIPERIDINYL)METHYL      OR
2-(4-MORPHOLINYL)ETHYL  GROUP,  WHETHER OR NOT SUBSTITUTED IN THE CYCLO-
HEXYL RING TO ANY EXTENT.
  (39)  BENZOYLINDOLES.  ANY  COMPOUND  CONTAINING  A  3-(BENZOYL)INDOLE
STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE  RING  BY
AN   ALKYL,   HALOALKYL,   ALKENYL,  CYCLOALKYLMETHYL,  CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER OR NOT FURTHER SUBSTITUTED IN THE  INDOLE  RING  TO  ANY  EXTENT  AND
WHETHER OR NOT SUBSTITUTED IN THE PHENYL RING TO ANY EXTENT.
  (40)  ADAMANTOYLINDOLES.  ANY  COMPOUND  CONTAINING A 3-(1-ADAMANTOYL)
INDOLE STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM  OF  THE  INDOLE
RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLMETHYL, CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERINDINYL)METHYL,   OR   2-(4-MORPHOLINYL)ETHYL  GROUP,
WHETHER OR NOT FURTHER SUBSTITUTED IN THE ADAMANTYL RING SYSTEM  TO  ANY
EXTENT.
  (41)  (6AR,10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)
-6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (HU-210).
  (42)  (6AS,10AS)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)
-6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (DEXANABINOL OR HU-211).
  (43)  2,3-DIHYDRO-5-METHYL-3-(4-MORPHOLINYLMETHYL)PYRROLO{1,2,3-DE}-1,
4-BENZOXAZIN-6-YL-1-NAPHTHALENYLMETHANONE (WIN 55,212-2).
  S 5. 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:
  (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 6. Paragraphs 9 and 10 of subdivision (f) of schedule I  of  section
3306 of the public health law are REPEALED.
  S  7. 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
SYNTHETIC CANNABINOIDS, AS DEFINED IN SECTION THIRTY-THREE  HUNDRED  TWO
OF  THIS  TITLE, AND SUBSTITUTED CATHINONES, AS DEFINED IN SECTION THIR-
TY-THREE HUNDRED SIX OF THIS TITLE. THE DATABASE SHALL BE  PUBLISHED  ON
THE  DEPARTMENT'S WEBSITE SO THAT CONSUMERS, RETAILERS, AND LAW ENFORCE-
MENT 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.

S. 1686                             4

  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  8.  Subdivisions  5,  6  and 10 of section 220.00 of the penal law,
subdivision 5 as amended by chapter 537 of the laws of 1998, subdivision
6 as amended by chapter 1051 of the laws of 1973 and subdivision  10  as
amended  by  chapter  664  of  the  laws of 1985, are amended to read as
follows:
  5. "Controlled substance" means any substance listed  in  schedule  I,
II,  III,  IV  or  V  of  section thirty-three hundred six of the public
health law other than marihuana, but including concentrated cannabis  as
defined  in  [paragraph (a) of] subdivision four, AND SYNTHETIC CANNABI-
NOID AS  DEFINED  IN  SUBDIVISION  FORTY-TWO,  of  section  thirty-three
hundred two of such law.
  6.  "Marihuana"  means  "marihuana[" or]," "concentrated cannabis," OR
"SYNTHETIC CANNABINOID" as those terms are defined  in  section  thirty-
three hundred two of the public health law.
  10.  "Hallucinogenic  substance" means any controlled substance listed
in schedule I(d) other than concentrated  cannabis,  SYNTHETIC  CANNABI-
NOIDS, lysergic acid diethylamide, or an hallucinogen.
  S  9.  Subdivision 4 of section 220.06 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
  4.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing concentrated cannabis as defined in [paragraph (a) of] subdi-
vision  four  of  section  thirty-three hundred two of the public health
law, OR SYNTHETIC CANNABINOID AS DEFINED  IN  SUBDIVISION  FORTY-TWO  OF
SECTION  THIRTY-THREE  HUNDRED  TWO  OF  THE PUBLIC HEALTH LAW, and said
preparations, compounds, mixtures or  substances  are  of  an  aggregate
weight of one-fourth ounce or more; or
  S 10. Subdivision 10 of section 220.09 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
  10.  one  or  more  preparations,  compounds,  mixtures  or substances
containing concentrated cannabis as defined in [paragraph (a) of] subdi-
vision four of section thirty-three hundred two  of  the  public  health
law,  OR  SYNTHETIC  CANNABINOID  AS DEFINED IN SUBDIVISION FORTY-TWO OF
SECTION THIRTY-THREE HUNDRED TWO OF THE  PUBLIC  HEALTH  LAW,  and  said
preparations,  compounds,  mixtures  or  substances  are of an aggregate
weight of one ounce or more; or
  S 11. Subdivision 3 of section 220.34 of the penal law, as amended  by
chapter 537 of the laws of 1998, is amended to read as follows:
  3.  concentrated cannabis as defined in [paragraph (a) of] subdivision
four of section thirty-three hundred two of the public  health  law,  OR
SYNTHETIC  CANNABINOID  AS  DEFINED  IN SUBDIVISION FORTY-TWO OF SECTION
THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW; or
  S 12. 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 seven of
this act, and the surrender program established by section one  of  this
act,  shall  become  operational  on  or before such effective date; and
provided further, that, notwithstanding the provisions of any law to the

S. 1686                             5

contrary, for ninety days after this act shall have become law,  section
220.03,  220.06, 220.09, 220.16, 220.18, 220.21, 221.05, 221.10, 221.15,
221.20, 221.25 or 221.30 of the penal law shall  not  be  enforced  with
regard  to  the  possession  of  synthetic  cannabinoids,  as defined in
section 3302 of the public health law,  or  substituted  cathinones,  as
defined  in  section 3306 of the public health law, except that enforce-
ment of such provisions of the penal law shall be  allowed  during  this
period  with  regard  to the possession of methacathinone, 4-methylmeth-
cathinone, methylenedioxypyrovalerone, and  substances  containing  more
than two and one-half percent by weight of delta-9 tetrahydrocannabinol,
or its isomer, delta-8 dibenzopyran numbering system, or delta-1 tetrah-
ydrocannabinol  or  its isomer, delta 1(6) monoterpene numbering system;
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.