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

                                  9944

                          I N  A S S E M B L Y

                               May 2, 2016
                               ___________

Introduced  by  M.  of  A.  RICHARDSON  -- 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;
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08596-02-6
              

A. 9944                             2

  S  3.  Subdivision  (d)  of  schedule  I of section 3306 of the public
health law is amended by adding five new paragraphs 36, 37, 38,  39  and
40 to read as follows:
  (36) CP 47,497 AND HOMOLOGUES: 2-5-(2-METHYLOCTAN-2-YL)PHENOL.
  (37) HU-210.
  (38) HU-211: (DEXANABINOL, (6AS, 10AS)-9-(HYDROXYMETHYL) -6,6-DIMETHYL
-3-(2-METHYLOCTAN-2-YL)-6A,7,10, 10A-TETRAHYDROBENZO CHROMEN-1-OL).
  (39) JWH-O18: 1-PENTYL-3-(1-NAPHTHOYL)INDOLE.
  (40) 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:
  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

A. 9944                             3

  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.