senate Bill S6694A

2011-2012 Legislative Session

Establishes a synthetic cannabinoid and substituted cathinone surrender program and relates to controlled substances; repealer

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2012 referred to health
delivered to assembly
passed senate
Apr 25, 2012 ordered to third reading cal.562
reported and committed to rules
Apr 18, 2012 reported and committed to finance
Apr 11, 2012 print number 6694a
amend and recommit to codes
Mar 27, 2012 reported and committed to codes
Mar 09, 2012 referred to health

Votes

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Apr 25, 2012 - Rules committee Vote

S6694A
21
3
committee
21
Aye
3
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Apr 25, 2012 - Finance committee Vote

S6694A
29
3
committee
29
Aye
3
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
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Apr 18, 2012 - Codes committee Vote

S6694A
10
1
committee
10
Aye
1
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Apr 18, 2012

nay (1)
excused (1)

Mar 27, 2012 - Health committee Vote

S6694
13
1
committee
13
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S6694 - Bill Details

See Assembly Version of this Bill:
A9781A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§3302, 3306 & 3308, rpld §3306 schedule I sub (f) ¶¶ 9 & 10, Pub Health L; amd §§220.00, 220.06, 220.09 & 220.34, Pen L

S6694 - Bill Texts

view summary

Establishes a synthetic cannabinoid and substituted cathinone surrender program and relates to controlled substances.

view sponsor memo
BILL NUMBER:S6694

TITLE OF BILL:
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 providing
for the repeal of certain provisions upon expiration thereof

PURPOSE:
To classify synthetic cannabinoids (the herb-like products that
contain synthetic cannabinoids often known as K2, Spike 99, Spice,
Yucatan Fire, Genie, Zohai and many others) and substituted
cathinones (these products, often referred to as "bath salts," are
chemically related to methamphetamines and ecstasy - which are both
classified as stimulants) as controlled substances under the public
health law and the penal law, and to create a Statewide Synthetic
Cannabinoid and Substituted Cathinone Amnesty and Surrender Program
to allow for surrender of these harmful substances to appropriate
authorities.

SUMMARY OF PROVISIONS:
Adds synthetic cannabinoids to the Controlled Substances Act (CSA) as
seven classes based on foundational chemical structures - which
should address the current practice of making minor alterations to
chemicals to subvert statutes that prohibit distinct substances.
Makes penalties for possession and sale similar to marijuana. These
substances are similar to marijuana in how they are used, the
neurochemical impact they illicit, and the quantities in which they
are sold.

Adds substituted cathinones to the CSA based on foundational chemical
structures - which should address the current practice of making
minor alterations to chemicals to subvert statutes that prohibit
distinct chemicals. A direct reference to "methcathinone" is removed
because it fits within the class. Makes penalties for possession and
sale similar to other stimulants, because these products often
referred to as "bath salts," are chemically related to
methamphetamines and ecstasy - which are both classified as stimulants.

Requires provisions to allow for the surrender of these substances
during the 90 day period after enactment of the law to the
appropriate authorities and requires that a database be maintained to
increase awareness of these products and their harmful effects.

EXISTING LAW:
Currently, these products are not prohibited under either the public
health law or the penal law, despite the harm to the individuals who
consume them and the public.

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," as well
as the substituted cathinones, known as "bath salts." While producing
a high similar to existing controlled substances, these legal
substances can have more dangerous side effects reported include
hallucinations, vomiting, agitation, increased heart rate, elevated
blood pressure and other adverse conditions. It presents a grave risk
to public health and safety to allow these to continue to be
available to the public.

These products 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 or bath salts.

Many states have already taken action against these substances,
including New Jersey and it is past time for New York to act as well.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
90 days after it shall have become a law, with provisions.

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

                                  6694

                            I N  S E N A T E

                              March 9, 2012
                               ___________

Introduced  by  Sens. FLANAGAN, LITTLE, GRIFFO -- 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
  (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].

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14796-03-2

S. 6694                             2

  S 3. Subdivisions 33, 34, 35, 36, 37, 38, 39 and 40 of section 3302 of
the  public  health  law are renumbered subdivisions 34, 35, 36, 37, 38,
39, 40 and 41 and a new subdivision 33 is added to read as follows:
  33.  "SYNTHETIC  CANNABINOID" MEANS ANY MATERIAL, COMPOUND, MIXTURE OR
PREPARATION CONTAINING ANY QUANTITY OF:
  (A)  TETRAHYDROCANNABINOLS,  NAPHTHOYLINDOLES,  NAPHTHYLMETHYLINDOLES,
NAPHTHYLIDENEINDENES,  PHENYLACETYLINDOLES, CYCLOHEXYLPHENOLS OR BENZOY-
LINDOLES, 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
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,  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)     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.
  (36)      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.
  (37)  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.
  (38) 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.

S. 6694                             3

  (39)      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-
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.
  (40)  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.
  (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.
  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

S. 6694                             4

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 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
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
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
  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  such  effective  date;  and  provided
further,  that, notwithstanding the provisions of any law to the contra-
ry, for ninety days after  this  act  shall  have  become  law,  section
220.03,  220.06, 220.09, 220.16, 220.18, 220.21, 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  enforcement  of  such
provisions of penal law shall be allowed during this period with  regard
to the possession of methacathinone, 4-methylmethcathinone, methylenedi-
oxypyrovalerone,  and  substances  containing more than two and one-half
percent by  weight  of  delta-9  tetrahydrocannabinol,  or  its  isomer,

S. 6694                             5

delta-8  dibenzopyran  numbering system, or delta-1 tetrahydrocannabinol
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.

Co-Sponsors

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S6694A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9781A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§3302, 3306 & 3308, rpld §3306 schedule I sub (f) ¶¶ 9 & 10, Pub Health L; amd §§220.00, 220.06, 220.09 & 220.34, Pen L

S6694A (ACTIVE) - Bill Texts

view summary

Establishes a synthetic cannabinoid and substituted cathinone surrender program and relates to controlled substances.

view sponsor memo
BILL NUMBER:S6694A

TITLE OF BILL:
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 providing
for the repeal of certain provisions upon expiration thereof

PURPOSE:
To classify synthetic cannabinoids (the herb-like products that
contain synthetic cannabinoids often known as K2, Spike 99, Spice,
Yucatan Fire, Genie, Zohai and many others) and substituted
cathinones (these products, often referred to as "bath salts," are
chemically related to methamphetamines and ecstasy - which are both
classified as stimulants) as controlled substances under the public
health law and the penal law, and to create a Statewide Synthetic
Cannabinoid and substituted Cathinone Surrender Program to allow for
surrender of these harmful substances to appropriate authorities.

SUMMARY OF PROVISIONS:
Adds nine classes of synthetic cannabinoids, based on foundational
chemical structures, to the controlled Substances Act (CSA)- which
should address the current practice of making minor alterations to
chemicals to subvert statutes that prohibit distinct substances.
Makes penalties for possession and sale similar to marijuana. These
substances are similar to marijuana in how they are used, the
neurochemical impact they illicit, and the quantities in which they
are sold.

Adds substituted cathinones to the CSA based on foundational chemical
structures - which should address the current practice of making
minor alterations to chemicals to subvert statutes that prohibit
distinct chemicals. A direct reference to "methcathinone" is removed
because it fits within the class. Makes penalties for possession and
sale similar to other stimulants, because these products often
referred to as "bath salts," are chemically related to
methamphetamines and ecstasy - which are both classified as stimulants.

Requires provisions to allow for the surrender of these substances
during the 90 day period after enactment of the law to the
appropriate authorities, and requires that a database be maintained
to increase awareness of these products and their harmful effects.

EXISTING LAW:
Currently, these products are not prohibited under either the public
health law or the penal law, despite the harm to the individuals who
consume them and the public.

JUSTIFICATION:

Many recent news reports have brought to light the use of a legal
herblike product that is laced with a synthetic cannabinoid that is
being
smoked by individuals, including teens, known as "fake weed"; as well
as the substituted cathinones, known as "bath salts." While producing
a high similar to existing controlled substances, these legal
substances can have more dangerous side effects, including
hallucinations, vomiting, agitation, increased heart rate, elevated
blood pressure and other adverse conditions.

Recognizing the health risks associated with use of synthetic
cannabiniods, the State Department of Health has issued an Order for
Summary Action ("Order") prohibiting the sale of substances belonging
to the classes of synthetic cannabiniods identified in this bill.
Citing increased calls to New York State Poison Control centers, and
federal action to prohibit the sale and possession of these dangerous
substances, the Order prohibits retailers from selling such products
- and could allow for the imposition of a fine or other civil penalty
against those who violate the Order.

This bill complements the measures taken under the direction of the
Governor by adding both synthetic cannabinoids, and the even more
dangerous substituted cathinones, to the CSA. Not only does this
provide for the imposition of criminal sanctions, but also makes it a
felony to sell such products to a minor or on school grounds.
Further, these actions would criminalize possession of such
substances - deterring use by law abiding individuals who may
otherwise be unaware of the harmful effects of these drugs.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
90 days after it shall have become a law, with provisions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6694--A

                            I N  S E N A T E

                              March 9, 2012
                               ___________

Introduced  by  Sens.  FLANAGAN, LITTLE, GRIFFO, GOLDEN, KENNEDY, KLEIN,
  RITCHIE, SALAND -- read twice and ordered printed, and when printed to
  be committed to the Committee on Health  --  reported  favorably  from
  said  committee  and  committed to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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
  (b) a material, preparation,  mixture,  compound  or  other  substance
which  contains  more than two and one-half percent by weight of delta-9

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14796-04-2

S. 6694--A                          2

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. Subdivisions 33, 34, 35, 36, 37, 38, 39 and 40 of section 3302 of
the  public  health  law are renumbered subdivisions 34, 35, 36, 37, 38,
39, 40 and 41 and a new subdivision 33 is added to read as follows:
  33. "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-
THYL,     CYCLOALKYLETHYL,      1-(N-METHYL-2-PIPERIDINYL)METHYL      OR

S. 6694--A                          3

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. 6694--A                          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  THIRTY-THREE,  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 THIRTY-THREE  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 THIRTY-THREE 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 THIRTY-THREE 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. 6694--A                          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.

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