assembly Bill A8441B

2015-2016 Legislative Session

Prohibits the sale and distribution of synthetic cannabinoids; and establishes a statewide synthetic cannabinoid surrender program

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 12, 2016 print number 8441b
May 12, 2016 amend and recommit to economic development
Jan 25, 2016 print number 8441a
Jan 25, 2016 amend (t) and recommit to economic development
Jan 06, 2016 referred to economic development
Oct 09, 2015 referred to economic development

Co-Sponsors

Multi-Sponsors

A8441 - Details

See Senate Version of this Bill:
S6040
Law Section:
General Business Law
Laws Affected:
Add §399-hh, Gen Bus L; amd §§480, 1605 & 1607, Tax L; amd §§105, 106 & 118, ABC L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6623, S5619
2019-2020: S3104

A8441 - Summary

Prohibits the sale and distribution of synthetic cannabinoids; and establishes a statewide synthetic cannabinoid surrender program.

A8441 - Bill Text download pdf

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

                                  8441

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced by M. of A. GJONAJ -- read once and referred to the Committee
  on Economic Development

AN  ACT to amend the general business law, the tax law and the alcoholic
  beverage control law, in relation to prohibiting the sale 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
399-hh to read as follows:
  S  399-HH.  SALE OR DISTRIBUTION OF SYNTHETIC CANNABINOID; PROHIBITED.
1. FOR THE PURPOSES OF THIS SECTION, "SYNTHETIC CANNABINOID"  MEANS  ANY
CHEMICAL  COMPOUND  THAT  IS  A  CANNABINOID  RECEPTOR AGONIST AND SHALL
INCLUDE, BUT NOT BE LIMITED TO, ANY MATERIAL, COMPOUND, MIXTURE OR PREP-
ARATION THAT IS NOT DESIGNATED AS A  CONTROLLED  SUBSTANCE  PURSUANT  TO
SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
  2.  NO  PERSON,  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY OR OTHER ENTITY SHALL SELL, OFFER FOR SALE, DISTRIBUTE
OR GIVE AWAY, FOR RETAIL, WHOLESALE OR PROMOTIONAL PURPOSES ANY SYNTHET-
IC CANNABINIOD.
  3. ANY PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY  COMPANY  OR  OTHER  ENTITY  THAT IS FOUND BY A LOCAL CRIMINAL
COURT, AS DEFINED IN SUBDIVISION THREE OF SECTION 10.10 OF THE  CRIMINAL
PROCEDURE  LAW,  TO  HAVE  VIOLATED THE PROVISIONS OF SUBDIVISION TWO OF
THIS SECTION SHALL BE  SUBJECT  TO  A  CIVIL  PENALTY  OF  TWO  THOUSAND
DOLLARS;  PROVIDED,  HOWEVER,  THAT UPON A FINDING OF A SECOND OR SUBSE-
QUENT VIOLATION WITHIN ANY PERIOD OF FIVE YEARS, THE VIOLATOR  SHALL  BE
SUBJECT  TO  A  CIVIL  PENALTY  OF  FIVE THOUSAND DOLLARS; AND PROVIDED,
FURTHER, THAT UPON A FINDING OF A THIRD OR SUBSEQUENT  VIOLATION  WITHIN
ANY  PERIOD OF FIVE YEARS, THE COURT SHALL PROVIDE NOTICE THEREOF TO THE
COMMISSIONER OF TAXATION AND FINANCE, THE DIVISION OF  THE  LOTTERY  AND
THE  STATE  LIQUOR  AUTHORITY, AND THE VIOLATOR SHALL BE PROHIBITED FROM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11842-01-5

Co-Sponsors

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Multi-Sponsors

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A8441A - Details

See Senate Version of this Bill:
S6040
Law Section:
General Business Law
Laws Affected:
Add §399-hh, Gen Bus L; amd §§480, 1605 & 1607, Tax L; amd §§105, 106 & 118, ABC L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6623, S5619
2019-2020: S3104

A8441A - Summary

Prohibits the sale and distribution of synthetic cannabinoids; and establishes a statewide synthetic cannabinoid surrender program.

A8441A - Bill Text download pdf

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

                                 8441--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by M. of A. GJONAJ, MONTESANO -- Multi-Sponsored by -- M. of
  A. BARCLAY, McDONOUGH -- read once and referred to  the  Committee  on
  Economic  Development  --  recommitted  to  the  Committee on Economic
  Development in accordance with Assembly Rule 3, sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to establish a statewide synthetic cannabinoid surrender program
  within the department of health; and to  amend  the  general  business
  law,  the  tax law and the alcoholic beverage control law, in relation
  to prohibiting the sale of synthetic cannabinoids

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

  Section  1.    There  is  hereby established, within the department of
health,  a  statewide  synthetic  cannabinoid  surrender  program.  Such
program  shall, for a period of 90 days after the effective date of this
section, in  compliance  with  federal  law  operate  as  the  statewide
synthetic  cannabinoid  surrender  program  whereby  any  individual, at
multiple geographic locations  throughout  the  state,  may  anonymously
surrender  any product containing a synthetic cannabinoid, as defined in
section 399-hh of the general business law. Provided  further,  that  no
surrender  of  a synthetic cannabinoid pursuant to this section shall be
deemed to be a sale for any purpose of law, rule or regulation.
  S 2.  The general business law is amended  by  adding  a  new  section
399-hh to read as follows:
  S  399-HH.  SALE OR DISTRIBUTION OF SYNTHETIC CANNABINOID; PROHIBITED.
1. FOR THE PURPOSES OF THIS SECTION, "SYNTHETIC CANNABINOID"  MEANS  ANY
CHEMICAL  COMPOUND  THAT  IS  A  CANNABINOID  RECEPTOR AGONIST AND SHALL
INCLUDE, BUT NOT BE LIMITED TO, ANY MATERIAL, COMPOUND, MIXTURE OR PREP-
ARATION THAT IS NOT DESIGNATED AS A  CONTROLLED  SUBSTANCE  PURSUANT  TO
SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11842-03-6

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A8441B (ACTIVE) - Details

See Senate Version of this Bill:
S6040
Law Section:
General Business Law
Laws Affected:
Add §399-hh, Gen Bus L; amd §§480, 1605 & 1607, Tax L; amd §§105, 106 & 118, ABC L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6623, S5619
2019-2020: S3104

A8441B (ACTIVE) - Summary

Prohibits the sale and distribution of synthetic cannabinoids; and establishes a statewide synthetic cannabinoid surrender program.

A8441B (ACTIVE) - Bill Text download pdf

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

                                 8441--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by  M.  of A. GJONAJ, MONTESANO, PICHARDO, RODRIGUEZ, MAYER,
  WALKER, COOK, BENEDETTO, RAIA, McLAUGHLIN, GRAF, RA,  GALEF,  RUSSELL,
  COLTON,  HYNDMAN,  BLAKE,  CURRAN,  HOOPER, PEOPLES-STOKES, PALMESANO,
  ARROYO, ORTIZ, STIRPE --  Multi-Sponsored  by  --  M.  of  A.  ABBATE,
  BARCLAY,  CRESPO,  CROUCH,  DUPREY,  McDONOUGH, OAKS, ROBINSON -- read
  once and referred to the Committee on Economic Development  --  recom-
  mitted  to  the  Committee  on Economic Development in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to establish a statewide synthetic cannabinoid surrender  program
  within  the  department  of  health; and to amend the general business
  law, the tax law and the alcoholic beverage control law,  in  relation
  to prohibiting the sale of synthetic cannabinoids

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

  Section 1.   There is hereby established,  within  the  department  of
health,  a  statewide  synthetic  cannabinoid  surrender  program.  Such
program shall, for a period of 90 days after the effective date of  this
section,  in  compliance  with  federal  law  operate  as  the statewide
synthetic cannabinoid  surrender  program  whereby  any  individual,  at
multiple  geographic  locations  throughout  the  state, may anonymously
surrender to the department of health any product containing a synthetic
cannabinoid, as defined in section 399-hh of the general  business  law.
Provided  further, that no surrender of a synthetic cannabinoid pursuant
to this section shall be deemed to be a sale for  any  purpose  of  law,
rule or regulation.
  S  2.    The  general  business law is amended by adding a new section
399-hh to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11842-07-6

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