Senate Bill S6039A

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

                                 6039--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 26, 2015
                               ___________

Introduced  by  Sens.  KLEIN, VALESKY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules  --  recom-
  mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the public health law and the penal law, in relation to
  synthetic cannabinoids and synthetic cathinones

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

  Section  1. 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].
  S  2.  Section  3302 of the public health law is amended by adding two
new subdivisions 44 and 45 to read as follows:
  44. "SYNTHETIC CANNABINOID" MEANS A SUBSTANCE OR SUBSTANCES LISTED  IN
PARAGRAPH  THIRTY-SIX  OF SUBDIVISION (D) OF SCHEDULE I OF SECTION THIR-
TY-THREE HUNDRED SIX OF THIS TITLE.
  45. "SYNTHETIC CATHINONE" MEANS A SUBSTANCE OR  SUBSTANCES  LISTED  IN
PARAGRAPH  THIRTY-FIVE OF SUBDIVISION (F) OF SCHEDULE I OF SECTION THIR-
TY-THREE HUNDRED SIX OF THIS TITLE.
  S 3. Paragraph 21 of subdivision (d) of schedule I of section 3306  of
the  public  health law, as added by chapter 664 of the laws of 1985, is
amended and a new paragraph 36 is added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11831-02-6
              

S. 6039--A                          2

  (21) Tetrahydrocannabinols. [Synthetic equivalents of  the  substances
contained  in the plant, or in the resinous extractives of cannabis, sp.
and/or synthetic substances, derivatives, and their isomers with similar
chemical structure and pharmacological activity such as the following:
  /\1 cis or trans tetrahydrocannabinol, and their optical isomers
  /\6 cis or trans tetrahydrocannabinol, and their optical isomers
  /\3,  4  cis  or  trans  tetrahydrocannabinol, and its optical isomers
(since nomenclature of these substances is not internationally standard-
ized, compounds of these structures, regardless of numerical designation
of atomic positions covered).]
  (36) SYNTHETIC CANNABINOIDS. (I) UNLESS SPECIFICALLY EXEMPTED OR LIST-
ED IN ANOTHER SCHEDULE OF THIS SECTION, ANY MATERIAL, COMPOUND,  MIXTURE
OR  PREPARATION WHICH CONTAINS ANY QUANTITY OF SYNTHETIC CANNABINOID, OR
WHICH CONTAINS ANY OF ITS SALTS, ISOMERS (WHETHER OPTICAL, POSITIONAL OR
GEOMETRIC), HOMOLOGUES (ANALOGUES), AND SALTS OF ISOMERS AND  HOMOLOGUES
(ANALOGUES),  WHENEVER  THE EXISTENCE OF SUCH SALTS, ISOMERS, HOMOLOGUES
(ANALOGUES) AND SALTS OF ISOMERS AND HOMOLOGUES (ANALOGUES) IS  POSSIBLE
WITHIN THE SPECIFIC CHEMICAL DESIGNATION.
  (II) FOR THE PURPOSES OF THIS PARAGRAPH, "SYNTHETIC CANNABINOID":
  1.  MEANS  ANY CHEMICAL COMPOUND THAT IS A CANNABINOID RECEPTOR TYPE 1
(CB1 RECEPTOR) AGONIST AS DEMONSTRATED BY BINDING STUDIES AND FUNCTIONAL
ASSAYS WITHIN ANY OF THE FOLLOWING STRUCTURAL CLASSES:
  (A) 2-(3-HYDROXYCYCLOHEXYL)PHENOL WITH SUBSTITUTION AT THE  5-POSITION
OF  THE PHENOLIC RING BY ALKYL OR ALKENYL, WHETHER OR NOT SUBSTITUTED ON
THE CYCLOHEXYL RING TO ANY EXTENT.
  (B) 3-(1-NAPHTHOYL)INDOLE OR  3-(1-NAPHTHYLMETHANE)INDOLE  BY  SUBSTI-
TUTION  AT  THE NITROGEN ATOM OF THE INDOLE RING, WHETHER OR NOT FURTHER
SUBSTITUTED ON THE INDOLE RING TO ANY EXTENT, WHETHER OR NOT SUBSTITUTED
ON THE NAPHTHOYL OR NAPHTHYL RING TO ANY EXTENT.
  (C) 3-(1-NAPHTHOYL)PYRROLE BY SUBSTITUTION AT THE NITROGEN ATOM OF THE
PYRROLE RING, WHETHER OR NOT FURTHER SUBSTITUTED IN THE PYRROLE RING  TO
ANY  EXTENT,  WHETHER  OR  NOT  SUBSTITUTED ON THE NAPHTHOYL RING TO ANY
EXTENT.
  (D) 1-(1-NAPHTHYLMETHYLENE)INDENE BY SUBSTITUTION OF THE 3-POSITION OF
THE INDENE RING, WHETHER OR NOT FURTHER SUBSTITUTED IN THE  INDENE  RING
TO  ANY  EXTENT,  WHETHER OR NOT SUBSTITUTED ON THE NAPHTHYL RING TO ANY
EXTENT.
  (E) 3-PHENYLACETYLINDOLE OR 3-BENZOYLINDOLE  BY  SUBSTITUTION  AT  THE
NITROGEN  ATOM OF THE INDOLE RING, WHETHER OR NOT FURTHER SUBSTITUTED IN
THE INDOLE RING TO ANY EXTENT, WHETHER OR NOT SUBSTITUTED ON THE  PHENYL
RING TO ANY EXTENT;
  2. SHALL INCLUDE:
  (A) 5-(1,1-DIMETHYLHEPTYL)-2-[(1R,3S)-3-HYDROXYCYCLOHEXYL]-PHENOL
(CP-47,497).
  (B) 5-(1,1-DIMETHYLOCTYL)-2-[(1R,3S)-3-HYDROXYCYCLOHEXYL]-PHENOL
(CANNABICYCLOHEXANOL OR CP-47,497 C8-HOMOLOG).
  (C) 1-PENTYL-3-(1-NAPHTHOYL)INDOLE (JWH-018 AND AM678).
  (D) 1-BUTYL-3-(1-NAPHTHOYL)INDOLE (JWH-073).
  (E) 1-HEXYL-3-(1-NAPHTHOYL)INDOLE (JWH-019).
  (F) 1-[2-(4-MORPHOLINYL)ETHYL]-3-(1-NAPHTHOYL)INDOLE (JWH-200).
  (G) 1-PENTYL-3-(2-METHOXYPHENYLACETYL)INDOLE (JWH-250).
  (H) 1-PENTYL-3-[1-(4-METHOXYNAPHTHOYL)]INDOLE (JWH-081).
  (I) 1-PENTYL-3-(4-METHYL-1-NAPHTHOYL)INDOLE (JWH-122).
  (J) 1-PENTYL-3-(4-CHLORO-1-NAPHTHOYL)INDOLE (JWH-398).
  (K) 1-(5-FLUOROPENTYL)-3-(1-NAPHTHOYL)INDOLE (AM2201).
  (L) 1-(5-FLUOROPENTYL)-3-(2-IODOBENZOYL)INDOLE (AM694).

S. 6039--A                          3

  (M) 1-PENTYL-3-[(4-METHOXY)-BENZOYL]INDOLE (SR-19 AND RCS-4).
  (N)   1-CYCLOHEXYLETHYL-3-(2-METHOXYPHENYLACETYL)INDOLE   (SR-18   AND
RCS-8).
  (O) 1-PENTYL-3-(2-CHLOROPHENYLACETYL)INDOLE (JWH-203).
  (P)  (1-PENTYL-1H-INDOL-3-YL)(2,2,3,3-TETRAMETHYLCYCLOPROPYL)   METHA-
NONE,  ITS OPTICAL, POSITIONAL AND GEOMETRIC ISOMERS, SALTS AND SALTS OF
ISOMERS-7144             (OTHER              NAMES:              UR-144,
1-PENTYL-3-(2,2,3,3-TETRAMETHYLCYCLOPROPOYL)INDOLE).
  (Q)
[1-(5-FLUORO-PENTYL)-1H-INDOL-3-YL](2,2,3,3-TETRAMETHYLCYCLOPROPYL)
METHANONE,  ITS  OPTICAL,  POSITIONAL,  AND GEOMETRIC ISOMERS, SALTS AND
SALTS OF ISOMERS-7011  (OTHER  NAMES:    5-  FLUORO-UR-144,  5-F-UR-144,
XLR11, 1- (5-FLUORO-PENTYL)-3-(2,2,3,3- TETRAMETHYLCYCLOPROPOYL)INDOLE).
  (R)  N-(1-ADAMANTYL)-1-PENTYL-1H-INDAZOLE-3-CARBOXAMIDE,  ITS OPTICAL,
POSITIONAL, AND GEOMETRIC  ISOMERS,  SALTS  AND  SALTS  OF  ISOMERS-7048
(OTHER NAMES:  APINACA, AKB48).
  (S)       N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-       (CYCLOHEXYLME-
THYL)-1H-INDAZOLE-3- CARBOXAMIDE, ITS OPTICAL, POSITIONAL, AND GEOMETRIC
ISOMERS, SALTS, AND SALTS OF ISOMERS- 7031 (OTHER NAMES: AB-CHMINACA).
  (T) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)  -1-PENTYL-1H-INDAZOLE-3-CAR-
BOXAMIDE,  ITS  OPTICAL,  POSITIONAL,  AND GEOMETRIC ISOMERS, SALTS, AND
SALTS OF ISOMERS-7023 (OTHER NAMES:  AB-PINACA).
  (U)    [1-(5-FLUOROPENTYL)-1H-INDAZOL-3-YL](NAPHTHALEN-1-YL)METHANONE,
ITS  OPTICAL,  POSITIONAL,  AND  GEOMETRIC  ISOMERS, SALTS, AND SALTS OF
ISOMERS-7024 (OTHER NAMES: THJ-2201);
  3. SHALL INCLUDE SYNTHETIC TETRAHYDROCANNABINOLS, MEANING THE SYNTHET-
IC EQUIVALENTS OF THE SUBSTANCES CONTAINED IN THE CANNABIS PLANT, OR  IN
THE  RESINOUS  EXTRACTIVES  OF  SUCH PLANT, AND/OR SYNTHETIC SUBSTANCES,
DERIVATIVES, AND THEIR ISOMERS WITH SIMILAR CHEMICAL STRUCTURE AND PHAR-
MACOLOGICAL ACTIVITY TO THOSE SUBSTANCES CONTAINED IN THE PLANT, SUCH AS
THE FOLLOWING:
  (A) CIS OR TRANS TETRAHYDROCANNABINOL, AND THEIR OPTICAL ISOMERS.
  (B) 6 CIS OR TRANS TETRAHYDROCANNABINOL, AND THEIR OPTICAL ISOMERS.
  (C) 3,4 CIS OR TRANS TETRAHYDROCANNABINOL, AND ITS OPTICAL ISOMERS.
  (D) SINCE NOMENCLATURE OF  THESE  SUBSTANCES  IS  NOT  INTERNATIONALLY
STANDARDIZED,  COMPOUNDS  OF  THESE  STRUCTURES, REGARDLESS OF NUMERICAL
DESIGNATION OF ATOMIC POSITIONS COVERED; AND
  4. SHALL INCLUDE ANY CHEMICAL COMPOUND THAT IS A SYNTHETIC CANNABINOID
DESIGNATED AS  A  CONTROLLED  SUBSTANCE  UNDER  THE  FEDERAL  CONTROLLED
SUBSTANCES  ACT  AND REGULATIONS ADOPTED PURSUANT TO SAID ACT, INCLUDING
ANY PERMANENT AND EMERGENCY REGULATIONS  ADOPTED  BY  THE  FEDERAL  DRUG
ENFORCEMENT ADMINISTRATION.
  S  4.  Subdivision  (f)  of  schedule  I of section 3306 of the public
health law is amended by adding eleven new paragraphs 25,  26,  27,  28,
29, 30, 31, 32, 33, 34 and 35 to read as follows:
  (25) 4-METHYL-N-ETHYLCATHINONE, ITS OPTICAL, POSITIONAL, AND GEOMETRIC
ISOMERS,   SALTS   AND   SALTS  OF  ISOMERS-1249  (OTHER  NAMES:  4-MEC;
2-(ETHYLAMINO)-1-(4-METHYLPHENYL)PROPAN-1-ONE).
  (26) 4-METHYL-ALPHA-PYRROLIDINOPROPIOPHENONE, ITS OPTICAL, POSITIONAL,
AND GEOMETRIC ISOMERS, SALTS AND SALTS  OF  ISOMERS-7498  (OTHER  NAMES:
4-MEPPP;         MEPPP;         4-METHYL-ALPHA-PYRROLIDINOPROPIOPHENONE;
1-(4-METHYLPHENYL)-2- (PYRROLIDIN-1-YL)-PROPAN-1-ONE).
  (27)  ALPHA-PYRROLIDINOPENTIOPHENONE,  ITS  OPTICAL,  POSITIONAL,  AND
GEOMETRIC  ISOMERS, SALTS AND SALTS OF ISOMERS-7545 (OTHER NAMES: ALPHA-
PVP;              ALPHA-PYRROLIDINOVALEROPHENONE;              1-PHENYL-
2-(PYRROLIDIN-1-YL)PENTAN-1-ONE).

S. 6039--A                          4

  (28)  BUTYLONE,  ITS OPTICAL, POSITIONAL, AND GEOMETRIC ISOMERS, SALTS
AND    SALTS    OF    ISOMERS-    7541    (OTHER     NAMES:     BK-MBDB;
1-(1,3-BENZODIOXOL-5-YL)-2- (METHYLAMINO)BUTAN-1-ONE).
  (29) PENTEDRONE, ITS OPTICAL, POSITIONAL, AND GEOMETRIC ISOMERS, SALTS
AND  SALTS OF ISOMERS-1246 (OTHER NAMES: ALPHA-METHYLAMINOVALEROPHENONE;
2-(METHYLAMINO)-1- PHENYLPENTAN-1-ONE).
  (30) PENTYLONE, ITS OPTICAL, POSITIONAL, AND GEOMETRIC ISOMERS,  SALTS
AND     SALTS     OF    ISOMERS-    7542    (OTHER    NAMES:    BK-MBDP;
1-(1,3-BENZODIOXOL-5-YL)-2- (METHYLAMINO)PENTAN-1-ONE).
  (31) 4-FLUORO-N-METHYLCATHINONE, ITS OPTICAL, POSITIONAL, AND  GEOMET-
RIC  ISOMERS,  SALTS  AND  SALTS  OF  ISOMERS-1238  (OTHER NAMES: 4-FMC;
FLEPHEDRONE; 1-(4-FLUOROPHENYL)-2-(METHYLAMINO)PROPAN-1-ONE).
  (32) 3-FLUORO-N-METHYLCATHINONE, ITS OPTICAL, POSITIONAL, AND  GEOMET-
RIC  ISOMERS,  SALTS  AND  SALTS  OF  ISOMERS-1233  (OTHER NAMES: 3-FMC;
1-(3-FLUOROPHENYL)-2-(METHYLAMINO)PROPAN- 1-ONE).
  (33) NAPHYRONE, ITS OPTICAL, POSITIONAL, AND GEOMETRIC ISOMERS,  SALTS
AND   SALTS   OF   ISOMERS-1258   (OTHER   NAMES:  NAPHTHYLPYROVALERONE;
1-(NAPHTHALEN-2-YL)-2-(PYRROLIDIN-1- YL)PENTAN-1-ONE).
  (34)  ALPHA-PYRROLIDINOBUTIOPHENONE,  ITS  OPTICAL,  POSITIONAL,   AND
GEOMETRIC  ISOMERS, SALTS AND SALTS OF ISOMERS-7546 (OTHER NAMES: ALPHA-
PBP; 1-PHENYL-2-(PYRROLIDIN-1-YL)BUTAN-1-ONE).
  (35) SYNTHETIC CATHINONES. (I) UNLESS SPECIFICALLY EXEMPTED OR  LISTED
IN  ANOTHER  SCHEDULE,  ANY  MATERIAL,  COMPOUND, MIXTURE OR PREPARATION
WHICH CONTAINS ANY QUANTITY OF SYNTHETIC CATHINONE,  OR  WHICH  CONTAINS
ANY OF THEIR SALTS, ISOMERS (WHETHER OPTICAL, POSITIONAL, OR GEOMETRIC),
HOMOLOGUES (ANALOGUES), AND SALTS OF ISOMERS AND HOMOLOGUES (ANALOGUES),
WHENEVER  THE  EXISTENCE  OF SUCH SALTS, ISOMERS, HOMOLOGUES (ANALOGUES)
AND SALTS OF ISOMERS AND HOMOLOGUES (ANALOGUES) IS POSSIBLE  WITHIN  THE
SPECIFIC CHEMICAL DESIGNATION.
  (II) FOR THE PURPOSES OF THIS PARAGRAPH, "SYNTHETIC CATHINONE":
  1.  MEANS  ANY SUBSTANCE, EXCEPT BUPROPION OR COMPOUNDS LISTED UNDER A
DIFFERENT    SCHEDULE,    THAT    IS    STRUCTURALLY    DERIVED     FROM
2-AMINOPROPAN-1-ONE  BY  SUBSTITUTION  AT  THE  1-  POSITION WITH EITHER
PHENYL, NAPHTHYL, OR THIOPHENE RING SYSTEMS, WHETHER OR NOT THE COMPOUND
IS FURTHER MODIFIED IN ANY OF THE FOLLOWING WAYS:
  (A) BY SUBSTITUTION IN THE RING SYSTEM TO ANY EXTENT WITH ALKYL, ALKY-
LENEDIOXY, ALKOXY, HALOALKYL, HYDROXYL, OR HALIDE SUBSTITUENTS,  WHETHER
OR  NOT  FURTHER  SUBSTITUTED  IN  THE  RING SYSTEM BY ONE OR MORE OTHER
UNIVALENT SUBSTITUENTS;
  (B) BY SUBSTITUTION AT THE 3-POSITION WITH AN  ACYCLIC  ALKYL  SUBSTI-
TUENT;
  (C)  BY SUBSTITUTION AT THE 2-AMINO NITROGEN ATOM WITH ALKYL, DIALKYL,
BENZYL OR METHOXYBENZYL GROUPS; OR
  (D) BY INCLUSION OF THE 2-AMINO NITROGEN ATOM IN A CYCLIC STRUCTURE;
  2.  MEANS  ANY   SUBSTANCE   THAT   IS   STRUCTURALLY   DERIVED   FROM
2-AMINO-1-PHENYL-1-PROPANONE  (CATHINONE)  BY MODIFICATION IN ANY OF THE
FOLLOWING WAYS:
  (A) 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;
  (B) BY SUBSTITUTION AT THE 3-POSITION WITH AN ALKYL SUBSTITUENT;
  (C) BY SUBSTITUTION AT THE  NITROGEN  ATOM  WITH  ALKYL,  DIALKYL,  OR
BENZYL  GROUPS,  OR BY INCLUSION OF THE NITROGEN ATOM IN A CYCLIC STRUC-
TURE;

S. 6039--A                          5

  3.  SHALL INCLUDE ANY CHEMICAL COMPOUND THAT IS A SYNTHETIC  CATHINONE
DESIGNATED  AS  A  CONTROLLED  SUBSTANCE  UNDER  THE  FEDERAL CONTROLLED
SUBSTANCES ACT AND REGULATIONS ADOPTED PURSUANT TO SUCH  ACT,  INCLUDING
ANY  PERMANENT  AND  EMERGENCY  REGULATIONS  ADOPTED BY THE FEDERAL DRUG
ENFORCEMENT ADMINISTRATION.
  S  5.  Subdivision 5 of section 220.00 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended and a new subdivision 21  is
added 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.
  21.  "KNOWINGLY"  FOR  THE  PURPOSES  OF  ANY  OFFENSE  INVOLVING  THE
POSSESSION OR SALE, OR THE ATTEMPT OR CONSPIRACY TO POSSESS OR  SELL,  A
SYNTHETIC  CANNABINOID  OR  SYNTHETIC CATHINONE, SHALL NOT REQUIRE KNOW-
LEDGE BY A PERSON OF THE CHEMICAL STRUCTURE OF THE SUBSTANCE, BUT  RATH-
ER, IT IS SUFFICIENT IF:
  (A)  THE  PERSON  KNEW  OR  SHOULD HAVE KNOWN THAT THE SUBSTANCE HAS A
STIMULANT, DEPRESSANT OR HALLUCINOGENIC EFFECT ON  THE  CENTRAL  NERVOUS
SYSTEM  THAT  IS SUBSTANTIALLY SIMILAR TO OR GREATER THAN THE STIMULANT,
DEPRESSANT OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM  OF  A
CONTROLLED  SUBSTANCE LISTED IN SCHEDULE I OR II OF SECTION THIRTY-THREE
HUNDRED SIX OF THE PUBLIC HEALTH LAW; OR
  (B) THE PERSON REPRESENTED OR INTENDED FOR THE  SUBSTANCE  TO  HAVE  A
STIMULANT,  DEPRESSANT  OR  HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS
SYSTEM THAT IS SUBSTANTIALLY SIMILAR TO OR GREATER THAN  THE  STIMULANT,
DEPRESSANT  OR  HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A
CONTROLLED SUBSTANCE LISTED IN SCHEDULE I OR II OF SECTION  THIRTY-THREE
HUNDRED SIX OF THE PUBLIC HEALTH LAW.
  S  6. Section 220.03 of the penal law, as amended by section 4 of part
I of chapter 57 of the laws of 2015, is amended to read as follows:
S 220.03 Criminal possession of a controlled substance  in  the  seventh
           degree.
  A person is guilty of criminal possession of a controlled substance in
the  seventh  degree when he or she knowingly and unlawfully possesses a
controlled  substance;  provided,  however,  that  it  shall  not  be  a
violation of this section when a person possesses a residual amount of a
controlled  substance  and that residual amount is in or on a hypodermic
syringe or hypodermic needle obtained and possessed pursuant to  section
thirty-three hundred eighty-one of the public health law, which includes
the  state's  syringe  exchange  and pharmacy and medical provider-based
expanded syringe access programs; nor shall it be a  violation  of  this
section when a person's unlawful possession of a controlled substance is
discovered  as  a  result of seeking immediate health care as defined in
paragraph (b) of subdivision three of section 220.78 of [the penal  law]
THIS  ARTICLE,  for either another person or him or herself because such
person is experiencing a drug or alcohol overdose or other life  threat-
ening medical emergency as defined in paragraph (a) of subdivision three
of  section  220.78  of  [the penal law] THIS ARTICLE; NOR SHALL IT BE A
VIOLATION OF THIS SECTION WHEN A PERSON POSSESSES LESS THAN ONE OUNCE OF
A CONTROLLED SUBSTANCE AND THAT  CONTROLLED  SUBSTANCE  IS  A  SYNTHETIC
CANNABINOID  LISTED IN PARAGRAPH THIRTY-SIX OF SUBDIVISION (D) OF SCHED-
ULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
  Criminal possession of a controlled substance in the seventh degree is
a class A misdemeanor.

S. 6039--A                          6

  S 7. Subdivision 8 of section 220.06 of the penal  law,  as  added  by
chapter  264  of the laws of 2003, is amended and a new subdivision 9 is
added to read as follows:
  8.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
subdivision (e) of schedule I of section thirty-three hundred six of the
public  health  law,  and  said  preparations,  compounds,  mixtures  or
substances are of an aggregate weight of twenty-eight grams or  more[.];
OR
  9.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING A SYNTHETIC CANNABINOID LISTED  IN  PARAGRAPH  THIRTY-SIX  OF
SUBDIVISION (D) OF SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE
PUBLIC   HEALTH  LAW  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF ONE OUNCE OR MORE.
  S 8. Subdivision 15 of section 220.09 of the penal law,  as  added  by
chapter  264 of the laws of 2003, is amended and a new subdivision 16 is
added to read as follows:
  15. one  or  more  preparations,  compounds,  mixtures  or  substances
containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
subdivision (e) of schedule I of section thirty-three hundred six of the
public  health  law,  and  said  preparations,  compounds,  mixtures  or
substances  are  of an aggregate weight of two hundred grams or more[.];
OR
  16. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING  A  SYNTHETIC  CANNABINOID  LISTED IN PARAGRAPH THIRTY-SIX OF
SUBDIVISION (D) OF SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE
PUBLIC  HEALTH  LAW  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF FOUR OUNCES OR MORE.
  S  9. Subdivision 13 of section 220.16 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended and a new subdivision  14  is
added to read as follows:
  13.  phencyclidine  and  said  phencyclidine  weighs  one thousand two
hundred fifty milligrams or more[.]; OR
  14. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING  A  SYNTHETIC  CANNABINOID  LISTED IN PARAGRAPH THIRTY-SIX OF
SUBDIVISION (D) OF SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE
PUBLIC  HEALTH  LAW  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF TEN POUNDS OR MORE.
  S  10. Subdivisions 3 and 9 of section 220.34 of the penal law, subdi-
vision 3 as amended by chapter 537 of the laws of 1998 and subdivision 9
as added by chapter 264 of the laws of  2003,  are  amended  and  a  new
subdivision 10 is added 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
  9.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
subdivision (e) of schedule I of section thirty-three hundred six of the
public  health  law,  and  said  preparations,  compounds,  mixtures  or
substances  are of an aggregate weight of twenty-eight grams or more[.];
OR
  10. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING  A  SYNTHETIC  CANNABINOID  LISTED IN PARAGRAPH THIRTY-SIX OF
SUBDIVISION (D) OF SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE
PUBLIC  HEALTH  LAW  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF ONE OUNCE OR MORE.

S. 6039--A                          7

  S  11.  Subdivision  9 of section 220.39 of the penal law, as added by
chapter 410 of the laws of 1979, is amended and a new subdivision 10  is
added to read as follows:
  9.  a  narcotic  preparation  to  a  person less than twenty-one years
old[.]; OR
  10. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING  A  SYNTHETIC  CANNABINOID  LISTED IN PARAGRAPH THIRTY-SIX OF
SUBDIVISION (D) OF SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE
PUBLIC  HEALTH  LAW  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF SIXTEEN OUNCES OR MORE.
  S 12. This act shall take effect immediately.