Assembly Bill A9133

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

                                  9133

                          I N  A S S E M B L Y

                            January 29, 2016
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law,  in  relation  to  directing  the
  commissioner  of  health  to establish an electronic database of known
  synthetic cannabinoids

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. 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 AN ELECTRONIC DATABASE OF
KNOWN SYNTHETIC  CANNABINOIDS,  A  HALLUCINOGENIC  CONTROLLED  SUBSTANCE
DEFINED IN SUBDIVISION (G) OF SCHEDULE I OF SECTION THIRTY-THREE HUNDRED
SIX  OF THIS TITLE. SUCH 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 IN SUCH SUBDIVISION 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. 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 DATA-
BASE.
  S 2. The commissioner of health shall promulgate any rules  and  regu-
lations  necessary  to  implement  the provisions of section one of this
act, its purpose and intent pursuant to subdivision 7 of section 3308 of
the public health law.
  S 3. This act shall take effect immediately;  provided,  however  that
section  one of this act shall take effect on the ninetieth day after it

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

                                                           LBD13722-01-6

A. 9133                             2

shall have become a law; provided, further,  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 subdi-
vision  7  of section 3308 of the public health law, as added by section
one of this act, is operational on  or  before  the  effective  date  of
section one of this act.