Senate Bill S7081

2009-2010 Legislative Session

Prohibits sale or distribution of any product containing a synthetic cannabinoid; establishes a defense of lack of knowledge of the content of such product

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2010	reported and committed to codes
May 03, 2010	notice of committee consideration - requested
Mar 12, 2010	print number 7081a
Mar 12, 2010	amend (t) and recommit to consumer protection
Mar 11, 2010	referred to consumer protection

Votes

- May 25, 2010 - Consumer Protection Committee Vote
  S7081
  
  Aye
  
  8
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Consumer Protection Committee Vote: May 25, 2010
      
      aye (8)
      
      Flanagan
      
      Fuschillo
      
      Huntley
      
      Peralta
      
      Perkins
      
      Robach
      
      Saland
      
      Savino
      
      nay (1)
      
      Hassell-Thompson
      
      aye wr (1)
      
      Adams

Bill Amendments

Original

A (Active)

2009-S7081 - Details

Current Committee:: Senate Codes
Law Section:: General Business Law
Laws Affected:: Add §391-q, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S1834

2009-S7081 - Summary

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.

2009-S7081 - Sponsor Memo

                                 BILL NUMBER:  S7081

 TITLE OF BILL :
An act to amend the general business law, in relation to prohibiting
the sale of K2 to persons in New York state


 PURPOSE :
To prohibit the sale of K2, an herb-like product, which produces
effects similar to those of marijuana, hashish, and other forms of
cannabis.

 SUMMARY OF PROVISIONS :
Section One - The General Business Law is amended by adding a new
section 391-q to prohibit the sale of K2 and sets up civil penalties
for violations of this section.

Section Two - Sets forth the effective date.

 EXISTING LAW :
New York State Law does not ban the sale or gift by retail or
wholesale promotion the herb-like product known as K2 or its
derivatives.

 JUSTIFICATION :
Many recent news reports have brought to light the use of a legal

herb-like product which is sprayed with a powerful psychotropic drug
or synthetic cannabinoid that is being smoked by 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, Spice, Genie or Zohai 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 which is often marketed as incense or potpourri 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, K2 has a
chemical structure that is shared with many cancer-causing agents.

While the main ingredients in K2 are banned throughout much of Europe,
bans are only beginning to take place in the United States.
Legislation banning K2 recently passed the Kansas Legislature making
them the first state in the nation to ban this dangerous product.
Legislation is also pending in Kentucky, Missouri and Tennessee as of
March 2010.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2009-S7081 - Bill Text download pdf

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

                                  7081

                            I N  S E N A T E

                             March 11, 2010
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to prohibiting the
  sale of K2 to persons in New York state

  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 K2. 1. NO PERSON, FIRM, CORPORATION,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY  COMPANY,  OR  OTHER  ENTITY
SHALL  SELL  OR OFFER TO SELL OR GIVE AWAY, AS EITHER A RETAIL OR WHOLE-
SALE PROMOTION, AN HERB-LIKE PRODUCT KNOWN AS K2, WHICH IS ALSO REFERRED
TO AS SPICE, GENIE OR ZOHAI WITHIN NEW YORK STATE, EXCEPT AS  AUTHORIZED
BY SUBDIVISION TWO OF THIS SECTION.
  2.   NOTHING   IN   THIS   SECTION   SHALL  APPLY  TO  NONPRESCRIPTION
OVER-THE-COUNTER DRUGS APPROVED OR REGULATED BY  THE  FEDERAL  FOOD  AND
DRUG ADMINISTRATION.
  3.  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 K2, SHALL BE SUBJECT TO A CIVIL  PENALTY  OF  NOT
MORE  THAN  FIVE HUNDRED DOLLARS PER VIOLATION, RECOVERABLE IN AN ACTION
BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY OR POLITICAL
SUBDIVISION.
  4. IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION,  PARTNER-
SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY THAT SOLD,
OFFERED FOR SALE, OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION
K2,  DID  NOT  HAVE  KNOWLEDGE THAT IT WAS K2, IF SUCH KNOWLEDGE WAS NOT
REASONABLY DISCOVERABLE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16316-01-0

co-Sponsors

View additional co-sponsors

2009-S7081A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: General Business Law
Laws Affected:: Add §391-q, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S1834

2009-S7081A (ACTIVE) - Summary

2009-S7081A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7081A

 TITLE OF BILL :
An act to amend the general business law, in relation to prohibiting
the sale or distribution of products containing a synthetic
cannabinoid


 PURPOSE :
To prohibit the sale or distribution of any product containing a
synthetic cannabinoid.

 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
discoverable.

Section Two - Sets forth the effective date.

 EXISTING LAW :
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.

 JUSTIFICATION :
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
of Concern."

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.

 LEGISLATIVE HISTORY :
This is a new bill.
 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2009-S7081A (ACTIVE) - Bill Text download pdf

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

                                 7081--A

                            I N  S E N A T E

                             March 11, 2010
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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

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

                                                           LBD16316-04-0

S. 7081--A                          2

OR  WHOLESALE  PROMOTION ANY PRODUCT WHICH CONTAINS A SYNTHETIC CANNABI-
NOID, SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE  HUNDRED
DOLLARS  PER  VIOLATION,  RECOVERABLE  IN  AN  ACTION BY ANY ENFORCEMENT
AUTHORITY  DESIGNATED  BY A MUNICIPALITY OR POLITICAL SUBDIVISION OF THE
STATE.
  5. IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION,  PARTNER-
SHIP,  ASSOCIATION, LIMITED LIABILITY COMPANY OR OTHER ENTITY THAT SOLD,
OFFERED FOR SALE OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE  PROMOTION
ANY  PRODUCT  WHICH CONTAINS A SYNTHETIC CANNABINOID, DID NOT HAVE KNOW-
LEDGE THAT IT WAS A PRODUCT CONTAINING A SYNTHETIC CANNABINOID, IF  SUCH
KNOWLEDGE WAS NOT REASONABLY DISCOVERABLE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Senate Bill S7081

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

May 25, 2010 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: May 25, 2010

Bill Amendments

2009-S7081 - Details

2009-S7081 - Summary

2009-S7081 - Sponsor Memo

2009-S7081 - Bill Text download pdf

co-Sponsors

2009-S7081A (ACTIVE) - Details

2009-S7081A (ACTIVE) - Summary

2009-S7081A (ACTIVE) - Sponsor Memo

2009-S7081A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

Bill Amendments

2009-S7081 - Details

2009-S7081 - Summary

2009-S7081 - Sponsor Memo

2009-S7081 - Bill Text download pdf

co-Sponsors

2009-S7081A (ACTIVE) - Details

2009-S7081A (ACTIVE) - Summary

2009-S7081A (ACTIVE) - Sponsor Memo

2009-S7081A (ACTIVE) - Bill Text download pdf

Comments