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 $1000 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.
S T A T E O F N E W Y O R K
________________________________________________________________________
11216
I N A S S E M B L Y
May 25, 2010
___________
Introduced by M. of A. McDONOUGH -- read once and referred to the
Committee on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the general business law, in relation to prohibiting the
sale or distribution of products containing a synthetic cannabinoid
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
391-q to read as follows:
S 391-Q. SALE OR DISTRIBUTION OF PRODUCTS CONTAINING A SYNTHETIC
CANNABINOID. 1. FOR THE PURPOSES OF THIS SECTION, "SYNTHETIC CANNABI-
NOID" SHALL MEAN ANY OF THE FOLLOWING CHEMICAL COMPOUNDS:
(A) CP 47.497 AND HOMOLOGUES: 2-{(1R,3S)-3-HYDROXYCYCLOHEXYL}
-5-(2-METHYLOCTAN-2-YL)PHENOL);
(B) HU-210: {(6AR, 10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3- (2-METHY-
LOCTAN-2-YL)-6A,7,10, 10A-TETRAHYDROBENZO{C} CHROMEN-1-OL)};
(C) HU-211: (DEXANABINOL, (6AS, 10AS)-9-(HYDROXYMETHYL)
-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-6A,7,10, 10A-TETRAHYDROBENZO{C}
CHROMEN-1-OL);
(D) JWH-O18: 1-PENTYL-3-(1-NAPHTHOYL)INDOLE; OR
(E) JWH-O73: 1-BUTYL-3-(1-NAPHTHOYL)INDOLE.
2. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY OR OTHER ENTITY SHALL SELL, OFFER TO SELL OR GIVE
AWAY, AS EITHER A RETAIL OR WHOLESALE PROMOTION, ANY PRODUCT, WHICH
CONTAINS A SYNTHETIC CANNABINOID, WHICH MAY ALSO BE REFERRED TO AS K2,
SPIKE 99, YUCATAN FIRE, SPICE, GENIE OR ZOHAI, EXCEPT AS AUTHORIZED BY
SUBDIVISION THREE OF THIS SECTION.
3. NOTHING IN THIS SECTION SHALL APPLY TO NONPRESCRIPTION
OVER-THE-COUNTER DRUGS APPROVED OR REGULATED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION.
4. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF THIS
SECTION BY SELLING, OFFERING TO SELL OR GIVING AWAY AS EITHER A RETAIL
OR WHOLESALE PROMOTION ANY PRODUCT WHICH CONTAINS A SYNTHETIC CANNABI-
NOID, SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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