senate Bill S7826

2011-2012 Legislative Session

Establishes a substituted cathinone surrender program and designates substituted cathinones as schedule I stimulant controlled substances; repealer

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2012 referred to rules

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S7826 - Bill Details

See Assembly Version of this Bill:
A10803
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§3306 & 3308, rpld §3306 schedule I ¶¶9 & 10, Pub Health L

S7826 - Bill Texts

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Establishes a substituted cathinone surrender program and designates substituted cathinones as schedule I stimulant controlled substances.

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BILL NUMBER:S7826

TITLE OF BILL:
An act to establish a substituted cathinone surrender program; to amend
the public health 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 substituted cathinones (these products, often referred to as
"bath salts", chemically related to methamphetamines and ecstasy - which
are both classified as stimulants) as Schedule I stimulant controlled
substances and to create a Statewide substituted Cathinone Surrender
Program to allow for surrender of these harmful substances to appropri-
ate authorities.

CURRENT LAW::
Chapter 130 of the Laws of 2011 banned the sale or distribution of any
product containing Mephedrone and MDPV which were marketed as "bath
salts."

SUMMARY OF PROVISIONS:
Amends the Public Health Law and Penal Law to add substituted cathinones
to the CSA based on chemical structures. A direct reference to "meth-
cathinone" is removed because it fits within the class. Creates penal-
ties 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.

JUSTIFICATION:
Many recent and disturbing news reports have brought to light the
continued danger of a drug like product known as "bath salts." Accord-
ing to UPSTATE Medical University and the Upstate New York Poison Center
"bath salts" is a common term used for man-made stimulant (upper) drugs
that are similar to "ICE" methamphetamine (or crystal meth). Since they
are very similar to other stimulant (upper) drugs like meth (ampheta-
mine), they are very dangerous when used. "Bath salts" can be snorted,
smoked, or even put in water and injected using a needle. They come in a
variety of different and attractive packaging with enticing names like
"Cloud Nine", "White Lightening." "Purple Rain", "Pixie Dust", and many
more.

These drugs stimulate the nervous system (brain) and the cardiac system
(heart). Severe symptoms may occur including convulsions, seizures,
chest pain, excessive sweating, hallucination, anger/violence, suicidal

thoughts and action. The use of "bath salts" can cause heart attacks,
permanent brain damage and scary hallucinations that can last for days
or even weeks. Behavior can result in suicide or the harm to or killing
of others.

While Chapter 130 of the Laws of 130 criminalized the sale of "bath
salt" products containing Mephedrone and MDPV, a current practice of
making minor alterations to chemicals to subvert statutes that prohibit
distinct chemicals made it possible for slightly altered "bath salt"
products to continue to be sold in New York State. In this new legis-
lation, by adding substituted cathinones to the CSA based on founda-
tional chemical structures, this loophole of chemical alteration would
be closed. Not only will this bill provide criminal sanctions, but also
makes it a felony to sell such product to a minor or on school grounds.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect 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
________________________________________________________________________

                                  7826

                            I N  S E N A T E

                              July 23, 2012
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to establish a substituted cathinone surrender program; to  amend
  the public health 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

  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 substituted cathi-
none 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 substituted cath-
inone surrender program, in compliance with  federal  law.  The  program
shall  be  composed of locations throughout the state, at which individ-
uals may anonymously surrender products  containing  substituted  cathi-
nones,  as defined in section 3306 of the public health law. A surrender
of substituted cathinones pursuant to this section shall not  constitute
a "sale" for the purposes of the penal law.
  S  2.  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16361-01-2

S. 7826                             2

  (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 3. Paragraphs 9 and 10 of subdivision (f) of schedule I  of  section
3306 of the public health law are REPEALED.
  S  4. 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 SUBSTI-
TUTED CATHINONES, AS DEFINED IN SECTION THIRTY-THREE HUNDRED SIX OF THIS
TITLE.  THE  DATABASE  SHALL BE PUBLISHED ON THE DEPARTMENT'S WEBSITE SO
THAT CONSUMERS, RETAILERS,  AND  LAW  ENFORCEMENT  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
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  5.  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  four  of
this  act,  and the surrender program established by section one of this
act, are operational on such effective date; 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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