S T A T E O F N E W Y O R K
________________________________________________________________________
4579
2015-2016 Regular Sessions
I N A S S E M B L Y
February 3, 2015
___________
Introduced by M. of A. CLARK, COLTON, TITUS, FINCH, BARRETT, RA, McDO-
NOUGH, THIELE, CUSICK, GUNTHER, GOODELL, NOLAN, ROBERTS, SCARBOROUGH,
SCHIMEL, COOK -- Multi-Sponsored by -- M. of A. ARROYO, BARCLAY,
CROUCH, McLAUGHLIN -- read once and referred to the Committee on
Health
AN ACT to amend the public health law and the penal law, in relation to
controlled substances and to provide a defense for sale or adminis-
tration of synthetic cannabinoids in certain circumstances
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. Subdivisions 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 and 43 of
section 3302 of the public health law are renumbered subdivisions 34,
35, 36, 37, 38, 39, 40, 41, 42, 43 and 44 and a new subdivision 33 is
added to read as follows:
33. "SYNTHETIC CANNABINOID" MEANS ANY MATERIAL, COMPOUND, MIXTURE OR
PREPARATION CONTAINING ANY QUANTITY OF:
(A) CP 47,497 AND HOMOLOGUES: 2-5-(2-METHYLOCTAN-2-YL)PHENOL;
(B) HU-210;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08596-01-5
A. 4579 2
(C) HU-211: (DEXANABINOL, (6AS, 10AS)-9-(HYDROXYMETHYL)
-6,6-DIMETHYL-3- (2-METHYLOCTAN-2-YL)-6A,7,10, 10A-TETRAHYDROBENZO CHRO-
MEN-1-OL);
(D) JWH-O18: 1-PENTYL-3-(1-NAPHTHOYL)INDOLE; OR
(E) JWH-O73: 1-BUTYL-3-(1-NAPHTHOYL)INDOLE.
IT DOES NOT INCLUDE ANY PRODUCTS THAT HAVE BEEN APPROVED FOR MEDICAL
USE BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
S 3. Subdivision (d) of schedule I of section 3306 of the public
health law is amended by adding five new paragraphs 33, 34, 35, 36 and
37 to read as follows:
(33) CP 47,497 AND HOMOLOGUES: 2-5-(2-METHYLOCTAN-2-YL)PHENOL.
(34) HU-210.
(35) HU-211: (DEXANABINOL, (6AS, 10AS)-9-(HYDROXYMETHYL) -6,6-DIMETHYL
-3-(2-METHYLOCTAN-2-YL)-6A,7,10, 10A-TETRAHYDROBENZO CHROMEN-1-OL).
(36) JWH-O18: 1-PENTYL-3-(1-NAPHTHOYL)INDOLE.
(37) JWH-O73: 1-BUTYL-3-(1-NAPHTHOYL)INDOLE.
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
SYNTHETIC CANNABINOIDS, AS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO
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. Subdivisions 5, 6 and 10 of section 220.00 of the penal law,
subdivision 5 as amended by chapter 537 of the laws of 1998, subdivision
6 as amended by chapter 1051 of the laws of 1973 and subdivision 10 as
amended by chapter 664 of the laws of 1985, are amended 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, AND SYNTHETIC CANNABI-
NOID AS DEFINED IN SUBDIVISION THIRTY-THREE, of section thirty-three
hundred two of such law.
6. "Marihuana" means "marihuana[" or]," "concentrated cannabis" OR
"SYNTHETIC CANNABINOID" as those terms are defined in section thirty-
three hundred two of the public health law.
10. "Hallucinogenic substance" means any controlled substance listed
in schedule I(d) other than concentrated cannabis, SYNTHETIC CANNABI-
NOIDS, lysergic acid diethylamide, or an hallucinogen.
S 6. Subdivision 4 of section 220.06 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
A. 4579 3
4. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in [paragraph (a) of] subdi-
vision four of section thirty-three hundred two of the public health
law, OR SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION THIRTY-THREE OF
SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW, and said
preparations, compounds, mixtures or substances are of an aggregate
weight of one-fourth ounce or more; or
S 7. Subdivision 10 of section 220.09 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
10. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in [paragraph (a) of] subdi-
vision four of section thirty-three hundred two of the public health
law, OR SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION THIRTY-THREE OF
SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW, and said
preparations, compounds, mixtures or substances are of an aggregate
weight of one ounce or more; or
S 8. Subdivision 3 of section 220.34 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended 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
SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION
THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW; or
S 9. The penal law is amended by adding a new section 220.79 to read
as follows:
S 220.79 DEFENSE FOR SALE OR ADMINISTRATION OF SAMPLES OF SYNTHETIC
CANNABINOID.
IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION, PARTNERSHIP,
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 10. 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 is established and maintained in accordance with such subdivi-
sion, and provided further, that, notwithstanding the provisions of any
law to the contrary, for ninety days after this act shall have become
law, section 220.03, 220.06, 220.09, 220.16, 220.18, 220.21, 221.05,
221.10, 221.15, 221.20, 221.25 or 221.30 of the penal law shall not be
enforced with regard to the possession of synthetic cannabinoids, as
defined in section 3302 of the public health law.