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.