Assembly Bill A7324

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

                                  7324

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2011
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Economic Development

AN ACT to amend the general business law, in relation to prohibiting the
  sale and distribution of synthetic cannabinoids

  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
854 to read as follows:
  S  854. SALE AND DISTRIBUTION OF SYNTHETIC CANNABINOIDS PROHIBITED. 1.
NO PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED  LIABIL-
ITY COMPANY OR OTHER ENTITY, OR AGENT OR EMPLOYEE THEREOF, SHALL, IN ANY
MANNER, OR BY ANY MEANS, OFFER FOR SALE, CHARGE ANY FEE FOR A PRODUCT OR
DISTRIBUTE SUCH PRODUCT WHICH CONTENTS CONTAIN SYNTHETIC CANNABINOIDS.
  2.  AS  USED  IN THIS SECTION, "SYNTHETIC CANNABINOIDS" MEANS CHEMICAL
COMPOUNDS THAT ARE FUNCTIONALLY SIMILAR TO THE CANNABIS INCLUDING:
  A. ANY COMPOUND STRUCTURALLY  DERIVED  FROM  3-(1-NAPHTHOYL)INDOLE  OR
1H-INDOL-3-YL-(1-NAPHTHYL)METHANE  BY  SUBSTITUTION AT THE NITROGEN ATOM
OF THE INDOLE RING BY ALKYL, ALKENYL, CYCLOALKYLMETHYL,  CYCLOALKYLETHYL
OR  2-(4-MORPHOLINYL)ETHYL  WHETHER  OR  NOT  FURTHER SUBSTITUTED IN THE
INDOLE RING TO ANY EXTENT, WHETHER OR NOT SUBSTITUTED  IN  THE  NAPHTHYL
RING TO ANY EXTENT; OR
  B.  ANY  COMPOUND  STRUCTURALLY DERIVED FROM 3-(1-NAPHTHOYL)PYRROLE BY
SUBSTITUTION AT THE NITROGEN ATOM OF THE PYRROLE RING BY ALKYL, ALKENYL,
CYCLOALKYLMETHYL, CYCLOALKYLETHYL OR 2-(4-MORPHOLINYL)ETHYL, WHETHER  OR
NOT  FURTHER  SUBSTITUTED  IN THE PYRROLE RING TO ANY EXTENT, WHETHER OR
NOT SUBSTITUTED IN THE NAPHTHYL RING TO ANY EXTENT; OR
  C. ANY COMPOUND STRUCTURALLY DERIVED  FROM  1-(1-NAPHTHYLMETHYL)INDENE
BY  SUBSTITUTION AT THE 3-POSITION OF THE INDENE RING BY ALKYL, ALKENYL,
CYCLOALKYLMETHYL, CYCLOALKYLETHYL OR 2-(4-MORPHOLINYL)ETHYL  WHETHER  OR
NOT FURTHER SUBSTITUTED IN THE INDENE RING TO ANY EXTENT, WHETHER OR NOT
SUBSTITUTED IN THE NAPHTHYL RING TO ANY EXTENT; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11096-01-1
              

A. 7324                             2

  D.  ANY  COMPOUND  STRUCTURALLY  DERIVED  FROM 3-PHENYLACETYLINDOLE BY
SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE RING WITH  ALKYL,  ALKE-
NYL, CYCLOALKYLMETHYL, CYCLOALKYLETHYL OR 2-(4-MORPHOLINYL)ETHYL, WHETH-
ER  OR NOT FURTHER SUBSTITUTED IN THE INDOLE RING TO ANY EXTENT, WHETHER
OR NOT SUBSTITUTED IN THE PHENYL RING TO ANY EXTENT; OR
  E.       ANY       COMPOUND       STRUCTURALLY       DERIVED      FROM
2-(3-HYDROXYCYCLOHEXYL)PHENOL BY SUBSTITUTION AT THE 5-POSITION  OF  THE
PHENOLIC  RING  BY  ALKYL, ALKENYL, CYCLOALKYLMETHYL, CYCLOALKYLETHYL OR
2-(4-MORPHOLINYL)ETHYL, WHETHER OR NOT  SUBSTITUTED  IN  THE  CYCLOHEXYL
RING TO ANY EXTENT; AND
  F. ANY CHEMICAL COMPOUND THAT IS KNOWN BY THE TRADE NAME OF:
  (1) JWH-018;
  (2) JWH-073;
  (3) JWH-200;
  (4) HU-210;
  (5) CP 47,497; OR
  (6) CANNABICYCLOHEXANOL.
  3.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY OR OTHER ENTITY, OR AGENT  OR  EMPLOYEE  THEREOF  THAT
VIOLATES  THE  PROVISIONS OF THIS SECTION BY SELLING OR OFFERING TO SELL
ANY PRODUCT WHICH CONTAINS A SYNTHETIC CANNABINOID, SHALL BE SUBJECT  TO
A  CIVIL  PENALTY  OF  NOT MORE THAN ONE THOUSAND DOLLARS PER VIOLATION,
RECOVERABLE IN AN ACTION BY ANY ENFORCEMENT AUTHORITY  DESIGNATED  BY  A
MUNICIPALITY OR POLITICAL SUBDIVISION OF THE STATE.
  4.  IT SHALL BE A DEFENSE TO A CLAIM OF VIOLATION OF THE PROVISIONS OF
THIS SECTION THAT ANY PERSON, FIRM,  CORPORATION,  PARTNERSHIP,  ASSOCI-
ATION,  LIMITED  LIABILITY COMPANY OR OTHER ENTITY, OR AGENT OR EMPLOYEE
THEREOF THAT SOLD,  OFFERED  FOR  SALE  ANY  PRODUCT  WHICH  CONTAINS  A
SYNTHETIC  CANNABINOID,  DID  NOT  HAVE  KNOWLEDGE THAT IT WAS A PRODUCT
CONTAINING A SYNTHETIC CANNABINOID, IF SUCH KNOWLEDGE WAS NOT REASONABLY
DISCOVERABLE.
  5. THE PROVISIONS IN THIS SECTION SHALL NOT APPLY TO PRODUCTS THAT ARE
BEING USED FOR MEDICAL PURPOSES PURSUANT TO A PRESCRIPTION WRITTEN BY  A
PHYSICIAN LICENSED TO PRACTICE IN THIS STATE OR WHICH HAVE BEEN APPROVED
FOR MEDICAL USE BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
  S 2. This act shall take effect immediately.