Assembly Bill A11216

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 Assembly 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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2009-A11216 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add ยง391-q, Gen Bus L

2009-A11216 (ACTIVE) - 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 $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.

2009-A11216 (ACTIVE) - Bill Text download pdf 

                            
                    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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