S T A T E O F N E W Y O R K
________________________________________________________________________
5889
2013-2014 Regular Sessions
I N A S S E M B L Y
March 8, 2013
___________
Introduced by M. of A. ORTIZ, LOSQUADRO, PEOPLES-STOKES, MALLIOTAKIS,
BROOK-KRASNY, GUNTHER, GABRYSZAK, MAGNARELLI, CYMBROWITZ, PERRY,
RUSSELL, GALEF, TITUS, MILLMAN, COOK, CRESPO, ROBERTS, WEPRIN --
Multi-Sponsored by -- M. of A. ARROYO, BARCLAY, CERETTO, COLTON,
CROUCH, DUPREY, FINCH, GIGLIO, GOODELL, GRAF, HAWLEY, HIKIND, JOHNS,
McDONOUGH, McKEVITT, McLAUGHLIN, MONTESANO, OAKS, PALMESANO, ROBINSON,
SCARBOROUGH, SCHIMEL, STEVENSON, TITONE -- read once and referred to
the Committee on Economic Development
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-s to read as follows:
S 391-S. 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09620-01-3
A. 5889 2
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 KNOWINGLY 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
CANNABINOID, SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A
TERM OF IMPRISONMENT OF NOT MORE THAN ONE YEAR, A FINE OF NOT MORE THAN
ONE THOUSAND DOLLARS OR BOTH SUCH FINE AND IMPRISONMENT FOR EACH SUCH
VIOLATION.
5. IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION, PARTNER-
SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR OTHER ENTITY THAT SOLD,
OFFERED FOR SALE OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION
ANY PRODUCT WHICH CONTAINS A SYNTHETIC CANNABINOID, DID NOT HAVE KNOW-
LEDGE THAT IT WAS A PRODUCT CONTAINING A SYNTHETIC CANNABINOID, IF SUCH
KNOWLEDGE WAS NOT REASONABLY DISCOVERABLE.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.