NY State Senate Bill S2836C

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In Committee
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Actions

view actions (20)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2016	referred to health delivered to assembly passed senate ordered to third reading cal.51 committee discharged and committed to rules
Jan 21, 2016	print number 2836c
Jan 21, 2016	amend (t) and recommit to health
Jan 06, 2016	referred to health returned to senate died in assembly
Jun 17, 2015	referred to health delivered to assembly passed senate
May 27, 2015	advanced to third reading amended (t) 2836b
May 20, 2015	2nd report cal.
May 19, 2015	1st report cal.820
May 11, 2015	print number 2836a
May 11, 2015	amend (t) and recommit to health
Jan 29, 2015	referred to health

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Bill Amendments

Original

C (Active)

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Co-Sponsors

S2836 - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3302 & 3306, Pub Health L; amd §§220.00, 220.06, 220.09, 220.16, 220.34 & 220.39, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6694
2013-2014: S1686
2017-2018: S3518
2019-2020: S2856

S2836 - Summary

Relates to controlled substances; defines synthetic cannabis; criminal provisions relating to synthetic cannabis.

S2836 - Sponsor Memo

BILL NUMBER:S2836

TITLE OF BILL:

An act to establish a synthetic cannabinoid and substituted cathinone
surrender program; to amend the public health law and the penal law,
in relation to controlled substances; to repeal certain provisions of
the public health law, relating to controlled substances; and
providing for the repeal of certain provisions upon expiration thereof

PURPOSE:

To classify synthetic cannabinoids (the herb-like products that
contain synthetic cannabinoids often known as K2, Spike 99, Spice,
Yucatan Fire, Genie, Zohai and many others) and substituted cathinones
(these products, often referred to as "bath salts," are chemically
related to methamphetamines and ecstasy - which are both classified as
stimulants) as controlled substances under the public health law and
the penal law, and to create a Statewide Synthetic Cannabinoid and
substituted Cathinone Surrender Program to allow for surrender of
these harmful substances to appropriate authorities.

SUMMARY OF PROVISIONS:

Adds nine classes of synthetic cannabinoids, based on foundational
chemical structures, to the controlled Substances Act (CSA) - which

should address the current practice of making minor alterations to
chemicals to subvert statutes that prohibit distinct substances. Makes
penalties for possession and sale similar to marijuana. These
substances are similar to marijuana in how they are used, the
neurochemical impact they illicit, and the quantities in which they
are sold.

Adds substituted cathinones to the CSA based on foundational chemical
structures - which should address the current practice of making minor
alterations to chemicals to subvert statutes that prohibit distinct
chemicals. A direct reference to "methcathinone" is removed because it
fits within the class. Makes penalties for possession and sale similar
to other stimulants, because these products often referred to as "bath
salts," are chemically related to methamphetamines and ecstasy - which
are both classified as stimulants.

Requires provisions to allow for the surrender of these substances
during the 90 day period after enactment of the law to the appropriate
authorities, and requires that a database be maintained to increase
awareness of these products and their harmful effects.

EXISTING LAW:

Currently, these products are not prohibited under either the public
health law or the penal law, despite the harm to the individuals who
consume them and the public.

JUSTIFICATION:

Many recent news reports have brought to light the use of a legal
herblike product that is laced with a synthetic cannabinoid that is


being smoked by individuals, including teens, known as "fake weed"; as
well as the substituted cathinones, known as "bath salts-" While
producing a high similar to existing controlled substances, these
legal substances can have more dangerous side effects, including
hallucinations, vomiting, agitation, increased heart rate, elevated
blood pressure and other adverse conditions.

Recognizing the health risks associated with use of synthetic
cannabiniods, the State Department of Health has issued an Order for
Summary Action ("Order") prohibiting the sale of substances belonging
to the classes of synthetic cannabiniods identified in this bill.
Citing increased calls to New York State Poison Control centers, and
federal action to prohibit the sale and possession of these dangerous
substances, the Order prohibits retailers from selling such products
-and could allow for the imposition of a fine or other civil penalty
against those who violate the Order.

This bill complements the measures taken under the direction of the
Governor by adding both synthetic cannabinoids, and the even more
dangerous substituted cathinones, to the CSA. Not only does this
provide fox the imposition of criminal sanctions, but also makes it a
felony to sell such products to a minor or on school grounds.
Further, these actions would criminalize possession of such substances
- deterring use by law abiding individuals who may otherwise be
unaware of the harmful effects of these drugs.

LEGISLATIVE HISTORY:

2012: (S.6694-A) Passed Senate / Assembly Health Committee
2013:  (S.1686) Passed Senate
2014: (S.1686) Reported to Finance

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

90 days after it shall have become a law, with provisions.

S2836 - Bill Text download pdf

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

                                  2836

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to establish a synthetic cannabinoid  and  substituted  cathinone
  surrender  program;  to amend the public health law and the penal law,
  in relation to controlled substances; to repeal certain provisions  of
  the  public health law, relating to controlled substances; and provid-
  ing for the repeal of certain provisions upon expiration thereof

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

  Section 1.  There is hereby established a statewide synthetic cannabi-
noid  and  substituted  cathinone  surrender  program.  Pursuant to this
program, for a period of ninety days commencing on the effective date of
this section:
  The department of health shall establish a statewide synthetic  canna-
binoid  and  substituted cathinone surrender program, in compliance with
federal law. The program shall be composed of locations  throughout  the
state,  at which individuals may anonymously surrender products contain-
ing synthetic cannabinoids, as defined in section  3302  of  the  public
health  law,  and  substituted cathinones, as defined in section 3306 of
the public health law. A surrender of synthetic cannabinoids and substi-
tuted cathinones pursuant to this section shall not constitute a  "sale"
for the purposes of the penal law.
  S  2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08320-01-5

S. 2836                             2

system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
terpene numbering system].
  S  3. Section 3302 of the public health law is amended by adding a new
subdivision 44 to read as follows:
  44. "SYNTHETIC CANNABINOID" MEANS ANY MATERIAL, COMPOUND,  MIXTURE  OR
PREPARATION CONTAINING ANY QUANTITY OF:
  (A)  TETRAHYDROCANNABINOLS,  NAPHTHOYLINDOLES,  NAPHTHYLMETHYLINDOLES,
NAPHTHOYLPYRROLES, NAPHTHYLIDENEINDENES, PHENYLACETYLINDOLES,  CYCLOHEX-
YLPHENOLS,  BENZOYLINDOLES,  OR ADAMANTOYLINDOLES, AS DEFINED IN SECTION
THIRTY-THREE HUNDRED SIX OF THIS TITLE;
  (B) (6AR, 10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-
6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (HU-210);
  (C) (6AS, 10AS)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-
6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (DEXANABINOL OR HU-211); OR
  (D) 2,3-DIHYDRO-5-METHYL-3-(4-MORPHOLINYLMETHYL)PYRROLO{1,2,3-DE}-1,
4-BENZOXAZIN-6-Y1-1-NAPHTHALENYLMETHANONE (WIN 55,212-2).
  S 4. Subdivision (d) of schedule I  of  section  3306  of  the  public
health  law  is  amended by adding eleven new paragraphs 33, 34, 35, 36,
37, 38, 39, 40, 41, 42 and 43 to read as follows:
  (33) NAPHTHOYLINDOLES. ANY COMPOUND CONTAINING A 3-(1-NAPHTHOYL)INDOLE
STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE  RING  BY
AN   ALKYL,   HALOALKYL,   ALKENYL,  CYCLOALKYLMETHYL,  CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER OR NOT FURTHER SUBSTITUTED IN THE  INDOLE  RING  TO  ANY  EXTENT  AND
WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL RING TO ANY EXTENT.
  (34)     NAPHTHYLMETHYLINDOLES.     ANY    COMPOUND    CONTAINING    A
H-INDOL-3-YL-(1-NAPHTHYL)METHANE  STRUCTURE  WITH  SUBSTITUTION  AT  THE
NITROGEN ATOM OF THE INDOLE RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLO-
ALKYLMETHYL,    CYCLOALKYLETHYL,   1-(N-METHYL-2-PIPERIDINYL)METHYL   OR
2-(4-MORPHOLINYL)ETHYL GROUP, WHETHER OR NOT FURTHER SUBSTITUTED IN  THE
INDOLE RING TO ANY EXTENT AND WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL
RING TO ANY EXTENT.
  (35)      NAPHTHOYLPYRROLES.     ANY     COMPOUND     CONTAINING     A
3-(1-NAPHTHOYL)PYRROLE STRUCTURE WITH SUBSTITUTION AT THE NITROGEN  ATOM
OF  THE  PYRROLE RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLMETHYL,
CYCLOALKYLETHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETHER OR NOT  FURTHER
SUBSTITUTED IN THE PYRROLE RING TO ANY EXTENT AND WHETHER OR NOT SUBSTI-
TUTED IN THE NAPHTHYL RING TO ANY EXTENT.
  (36)  NAPHTHYLIDENEINDENES. ANY COMPOUND CONTAINING A NAPHTHYLIDENEIN-
DENE STRUCTURE WITH SUBSTITUTION AT THE 3-POSITION OF THE INDENE RING BY
AN  ALKYL,  HALOALKYL,   ALKENYL,   CYCLOALKYLMETHYL,   CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER  OR  NOT  FURTHER  SUBSTITUTED  IN  THE INDENE RING TO ANY EXTENT AND
WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL RING TO ANY EXTENT.
  (37) PHENYLACETYLINDOLES. ANY COMPOUND CONTAINING A  3-PHENYLACETYLIN-
DOLE STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE RING
BY  AN  ALKYL,  HALOALKYL,  ALKENYL,  CYCLOALKYLMETHYL, CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER OR NOT FURTHER SUBSTITUTED IN THE  INDOLE  RING  TO  ANY  EXTENT  AND
WHETHER OR NOT SUBSTITUTED IN THE PHENYL RING TO ANY EXTENT.
  (38)      CYCLOHEXYLPHENOLS.     ANY     COMPOUND     CONTAINING     A
2-(3-HYDROXYCYCLOHEXYL)PHENOL STRUCTURE WITH SUBSTITUTION AT THE 5-POSI-
TION OF THE PHENOLIC RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLME-
THYL,     CYCLOALKYLETHYL,      1-(N-METHYL-2-PIPERIDINYL)METHYL      OR
2-(4-MORPHOLINYL)ETHYL  GROUP,  WHETHER OR NOT SUBSTITUTED IN THE CYCLO-
HEXYL RING TO ANY EXTENT.

S. 2836                             3

  (39)  BENZOYLINDOLES.  ANY  COMPOUND  CONTAINING  A  3-(BENZOYL)INDOLE
STRUCTURE  WITH  SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE RING BY
AN  ALKYL,  HALOALKYL,   ALKENYL,   CYCLOALKYLMETHYL,   CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER  OR  NOT  FURTHER  SUBSTITUTED  IN  THE INDOLE RING TO ANY EXTENT AND
WHETHER OR NOT SUBSTITUTED IN THE PHENYL RING TO ANY EXTENT.
  (40) ADAMANTOYLINDOLES. ANY  COMPOUND  CONTAINING  A  3-(1-ADAMANTOYL)
INDOLE  STRUCTURE  WITH  SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE
RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLMETHYL, CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERINDINYL)METHYL,  OR   2-(4-MORPHOLINYL)ETHYL   GROUP,
WHETHER  OR  NOT FURTHER SUBSTITUTED IN THE ADAMANTYL RING SYSTEM TO ANY
EXTENT.
  (41)  (6AR,10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)
-6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (HU-210).
  (42)  (6AS,10AS)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)
-6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (DEXANABINOL OR HU-211).
  (43)  2,3-DIHYDRO-5-METHYL-3-(4-MORPHOLINYLMETHYL)PYRROLO{1,2,3-DE}-1,
4-BENZOXAZIN-6-YL-1-NAPHTHALENYLMETHANONE (WIN 55,212-2).
  S  5.  Paragraph 5 of subdivision (f) of schedule I of section 3306 of
the public health law, as amended by chapter 457 of the laws of 2006, is
amended to read as follows:
  (5) [Methcathinone (some other names: 2-(methylamino) - propiophenone;
alpha-(methylamino)   propiophenone;    2-(methylamino) -1-phenylpropan-
1-one;  alpha-N-methylaminopropiophenone;  monomethylpropion; ephedrone,
N-methylcathinone, methylcathinone; AL-464; AL-422; AL-463 and  UR1432),
its  salts,  optical  isomers  and salts of optical isomers] SUBSTITUTED
CATHINONES. ANY COMPOUND, OTHER THAN BUPROPRION,  THAT  IS  STRUCTURALLY
DERIVED  FROM 2-AMINO-1-PHENYL-1-PROPANONE BY MODIFICATION IN ANY OF THE
FOLLOWING WAYS:
  (I) 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;
  (II) BY SUBSTITUTION AT THE 3-POSITION WITH AN ALKYL SUBSTITUTENT;
  (III) BY SUBSTITUTION AT THE  NITROGEN  ATOM  WITH  ALKYL  OR  DIALKYL
GROUPS, OR BY INCLUSION OF THE NITROGEN ATOM IN A CYCLIC STRUCTURE.
  S  6.  Paragraphs 9 and 10 of subdivision (f) of schedule I of section
3306 of the public health law are REPEALED.
  S 7. 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, AND SUBSTITUTED CATHINONES, AS DEFINED IN  SECTION  THIR-
TY-THREE  HUNDRED  SIX OF THIS TITLE. THE DATABASE SHALL BE PUBLISHED ON
THE DEPARTMENT'S WEBSITE SO THAT CONSUMERS, RETAILERS, AND LAW  ENFORCE-
MENT 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

S. 2836                             4

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  8.  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  FORTY-FOUR,  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  9.  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  FORTY-FOUR  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 10. 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 FORTY-FOUR 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 11. 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 FORTY-FOUR OF SECTION
THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW; or
  S 12. 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 seven of
this act, and the surrender program established by section one  of  this
act,  shall  become  operational  on  or before such effective date; 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

S. 2836                             5

regard  to  the  possession  of  synthetic  cannabinoids,  as defined in
section 3302 of the public health law,  or  substituted  cathinones,  as
defined  in  section 3306 of the public health law, except that enforce-
ment  of  such  provisions of the penal law shall be allowed during this
period with regard to the possession  of  methacathinone,  4-methylmeth-
cathinone,  methylenedioxypyrovalerone,  and  substances containing more
than two and one-half percent by weight of delta-9 tetrahydrocannabinol,
or its isomer, delta-8 dibenzopyran numbering system, or delta-1 tetrah-
ydrocannabinol or its isomer, delta 1(6) monoterpene  numbering  system;
and  provided,  further,  that the provisions of section one of this act
shall expire and be deemed repealed on the ninety-first day  after  such
effective date.

Co-Sponsors

S2836A - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3302 & 3306, Pub Health L; amd §§220.00, 220.06, 220.09, 220.16, 220.34 & 220.39, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6694
2013-2014: S1686
2017-2018: S3518
2019-2020: S2856

S2836A - Summary

Relates to controlled substances; defines synthetic cannabis; criminal provisions relating to synthetic cannabis.

S2836A - Sponsor Memo

BILL NUMBER:S2836A

PURPOSE:

To  classify synthetic cannabinoids (the herb-like products that contain
synthetic cannabinoids often known as K2, Spike 99, Spice, Yucatan Fire,
Genie, Zohai and many others) and to create a Statewide Synthetic Canna-
binoid and substituted Cathinone Surrender Program to allow for  surren-
der of these harmful substances to appropriate authorities.

SUMMARY OF PROVISIONS:

Adds nine classes of synthetic cannabinoids, based on foundational chem-
ical  structures,  to the controlled Substances Act (CSA) - which should
address the current practice of making minor alterations to chemicals to
subvert statutes that prohibit distinct substances.  Makes penalties for
possession and sale similar to marijuana. These substances  are  similar
to  marijuana in how they are used, the neurochemical impact they illic-
it, and the quantities in which they are sold.

Requires provisions to allow  for  the  surrender  of  these  substances
during  the  90 day period after enactment of the law to the appropriate
authorities, and requires that a  database  be  maintained  to  increase
awareness of these products and their harmful effects.

JUSTIFICATION:

Many  recent news reports have brought to light the use of a legal herb-
like product that is laced with a synthetic cannabinoid  that  is  being
smoked by individuals, including teens, known as "fake weed"; as well as
the  substituted  cathinones,  known  as "bath salts-" While producing a
high similar to existing controlled substances, these  legal  substances
can  have  more dangerous side effects, including hallucinations, vomit-
ing, agitation, increased heart rate, elevated blood pressure and  other
adverse conditions.

Recognizing  the  health risks associated with use of synthetic cannabi-
niods, the State Department of Health has issued an  Order  for  Summary
Action  ("Order")  prohibiting  the  sale of substances belonging to the
classes of  synthetic  cannabiniods  identified  in  this  bill.  Citing
increased  calls  to  New York State Poison Control centers, and federal
action  to  prohibit  the  sale  and  possession  of   these   dangerous
substances,  the  Order  prohibits  retailers from selling such products
-and could allow for the imposition of a fine  or  other  civil  penalty
against those who violate the Order.

This  bill  complements  the  measures  taken under the direction of the
Governor by adding  both  synthetic  cannabinoids,  and  the  even  more
dangerous substituted cathinones, to the CSA. Not only does this provide
fox  the imposition of criminal sanctions, but also makes it a felony to
sell such products to a minor or on  school  grounds.    Further,  these
actions  would criminalize possession of such substances - deterring use

by law abiding individuals who may otherwise be unaware of  the  harmful
effects of these drugs.

LEGISLATIVE HISTORY:

2012: (S.6694-A) Passed Senate / Assembly Health Committee
2013: (S.1686) Passed Senate
2014: (S.1686) Reported to Finance

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

90 days after it shall have become a law, with provisions.

S2836A - Bill Text download pdf

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

                                 2836--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced  by  Sens.  FLANAGAN,  GALLIVAN,  GOLDEN,  LITTLE, MARCHIONE,
  MARTINS, RANZENHOFER, RITCHIE -- read twice and ordered  printed,  and
  when  printed  to be committed to the Committee on Health -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to establish a synthetic cannabinoid  and  substituted  cathinone
  surrender  program;  to amend the public health law and the penal law,
  in relation to controlled substances; and providing for the repeal  of
  certain provisions upon expiration thereof

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

  Section 1.  There is hereby established a statewide synthetic cannabi-
noid and substituted  cathinone  surrender  program.  Pursuant  to  this
program, for a period of ninety days commencing on the effective date of
this section:
  The  department of health shall establish a statewide synthetic canna-
binoid and substituted cathinone surrender program, in  compliance  with
federal  law.  The program shall be composed of locations throughout the
state, at which individuals may anonymously surrender products  contain-
ing  synthetic  cannabinoids,  as  defined in section 3302 of the public
health law, and substituted cathinones, as defined in  section  3306  of
the public health law. A surrender of synthetic cannabinoids and substi-
tuted  cathinones pursuant to this section shall not constitute a "sale"
for the purposes of the penal law.
  S 2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08320-02-5

S. 2836--A                          2

  (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  3. Section 3302 of the public health law is amended by adding a new
subdivision 44 to read as follows:
  44. "SYNTHETIC CANNABINOID" MEANS ANY  CHEMICAL  COMPOUND  THAT  IS  A
CANNABINOID  RECEPTOR  AGONIST  AND  INCLUDES, BUT IS NOT LIMITED TO ANY
MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT IS NOT APPROVED BY  THE
FEDERAL FOOD AND DRUG ADMINISTRATION (FDA), AND CONTAINS ANY QUANTITY OF
THE  FOLLOWING  SUBSTANCES, THEIR SALTS, ISOMERS (WHETHER OPTICAL, POSI-
TIONAL, OR GEOMETRIC), HOMOLOGUES (ANALOGS), AND SALTS  OF  ISOMERS  AND
HOMOLOGUES  (ANALOGS), UNLESS SPECIFICALLY EXEMPTED, WHENEVER THE EXIST-
ENCE OF THESE SALTS, ISOMERS, HOMOLOGUES (ANALOGS), AND SALTS OF ISOMERS
AND HOMOLOGUES (ANALOGS) IS POSSIBLE WITHIN THE SPECIFIC CHEMICAL DESIG-
NATION:
  (A)  TETRAHYDROCANNABINOLS,  NAPHTHOYLINDOLES,  NAPHTHYLMETHYLINDOLES,
NAPHTHOYLPYRROLES,  NAPHTHYLIDENEINDENES, PHENYLACETYLINDOLES, CYCLOHEX-
YLPHENOLS, BENZOYLINDOLES, OR ADAMANTOYLINDOLES, AS DEFINED  IN  SECTION
THIRTY-THREE HUNDRED SIX OF THIS TITLE;
  (B) (6AR, 10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-
6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (HU-210);
  (C) (6AS, 10AS)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-
6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (DEXANABINOL OR HU-211); OR
  (D) 2,3-DIHYDRO-5-METHYL-3-(4-MORPHOLINYLMETHYL)PYRROLO{1,2,3-DE}-1,
4-BENZOXAZIN-6-Y1-1-NAPHTHALENYLMETHANONE (WIN 55,212-2).
  S  4.  Subdivision  (d)  of  schedule  I of section 3306 of the public
health law is amended by adding eleven new paragraphs 33,  34,  35,  36,
37, 38, 39, 40, 41, 42 and 43 to read as follows:
  (33) NAPHTHOYLINDOLES. ANY COMPOUND CONTAINING A 3-(1-NAPHTHOYL)INDOLE
STRUCTURE  WITH  SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE RING BY
AN  ALKYL,  HALOALKYL,   ALKENYL,   CYCLOALKYLMETHYL,   CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER  OR  NOT  FURTHER  SUBSTITUTED  IN  THE INDOLE RING TO ANY EXTENT AND
WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL RING TO ANY EXTENT.
  (34)    NAPHTHYLMETHYLINDOLES.    ANY    COMPOUND     CONTAINING     A
H-INDOL-3-YL-(1-NAPHTHYL)METHANE  STRUCTURE  WITH  SUBSTITUTION  AT  THE
NITROGEN ATOM OF THE INDOLE RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLO-
ALKYLMETHYL,   CYCLOALKYLETHYL,   1-(N-METHYL-2-PIPERIDINYL)METHYL    OR
2-(4-MORPHOLINYL)ETHYL  GROUP, WHETHER OR NOT FURTHER SUBSTITUTED IN THE
INDOLE RING TO ANY EXTENT AND WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL
RING TO ANY EXTENT.
  (35)     NAPHTHOYLPYRROLES.     ANY     COMPOUND     CONTAINING      A
3-(1-NAPHTHOYL)PYRROLE  STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM
OF THE PYRROLE RING BY AN ALKYL, HALOALKYL,  ALKENYL,  CYCLOALKYLMETHYL,
CYCLOALKYLETHYL  OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETHER OR NOT FURTHER
SUBSTITUTED IN THE PYRROLE RING TO ANY EXTENT AND WHETHER OR NOT SUBSTI-
TUTED IN THE NAPHTHYL RING TO ANY EXTENT.
  (36) NAPHTHYLIDENEINDENES. ANY COMPOUND CONTAINING A  NAPHTHYLIDENEIN-
DENE STRUCTURE WITH SUBSTITUTION AT THE 3-POSITION OF THE INDENE RING BY
AN   ALKYL,   HALOALKYL,   ALKENYL,  CYCLOALKYLMETHYL,  CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER OR NOT FURTHER SUBSTITUTED IN THE  INDENE  RING  TO  ANY  EXTENT  AND
WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL RING TO ANY EXTENT.

S. 2836--A                          3

  (37)  PHENYLACETYLINDOLES. ANY COMPOUND CONTAINING A 3-PHENYLACETYLIN-
DOLE STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE RING
BY AN  ALKYL,  HALOALKYL,  ALKENYL,  CYCLOALKYLMETHYL,  CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER  OR  NOT  FURTHER  SUBSTITUTED  IN  THE INDOLE RING TO ANY EXTENT AND
WHETHER OR NOT SUBSTITUTED IN THE PHENYL RING TO ANY EXTENT.
  (38)     CYCLOHEXYLPHENOLS.     ANY     COMPOUND     CONTAINING      A
2-(3-HYDROXYCYCLOHEXYL)PHENOL STRUCTURE WITH SUBSTITUTION AT THE 5-POSI-
TION OF THE PHENOLIC RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLME-
THYL,      CYCLOALKYLETHYL,      1-(N-METHYL-2-PIPERIDINYL)METHYL     OR
2-(4-MORPHOLINYL)ETHYL GROUP, WHETHER OR NOT SUBSTITUTED IN  THE  CYCLO-
HEXYL RING TO ANY EXTENT.
  (39)  BENZOYLINDOLES.  ANY  COMPOUND  CONTAINING  A  3-(BENZOYL)INDOLE
STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE  RING  BY
AN   ALKYL,   HALOALKYL,   ALKENYL,  CYCLOALKYLMETHYL,  CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER OR NOT FURTHER SUBSTITUTED IN THE  INDOLE  RING  TO  ANY  EXTENT  AND
WHETHER OR NOT SUBSTITUTED IN THE PHENYL RING TO ANY EXTENT.
  (40)  ADAMANTOYLINDOLES.  ANY  COMPOUND  CONTAINING A 3-(1-ADAMANTOYL)
INDOLE STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM  OF  THE  INDOLE
RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLMETHYL, CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERINDINYL)METHYL,   OR   2-(4-MORPHOLINYL)ETHYL  GROUP,
WHETHER OR NOT FURTHER SUBSTITUTED IN THE ADAMANTYL RING SYSTEM  TO  ANY
EXTENT.
  (41)  (6AR,10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)
-6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (HU-210).
  (42)  (6AS,10AS)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)
-6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (DEXANABINOL OR HU-211).
  (43)  2,3-DIHYDRO-5-METHYL-3-(4-MORPHOLINYLMETHYL)PYRROLO{1,2,3-DE}-1,
4-BENZOXAZIN-6-YL-1-NAPHTHALENYLMETHANONE (WIN 55,212-2).
  S 5. 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, AND SUBSTITUTED CATHINONES, AS DEFINED IN  SECTION  THIR-
TY-THREE  HUNDRED  SIX OF THIS TITLE. THE DATABASE SHALL BE PUBLISHED ON
THE DEPARTMENT'S WEBSITE SO THAT CONSUMERS, RETAILERS, AND LAW  ENFORCE-
MENT 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  6.  The commissioner of health shall make any rules and regulations
necessary to effectuate the provisions of  this  act,  its  purpose  and
intent pursuant to section 3308 of the public health law.

S. 2836--A                          4

  S  7.  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  FORTY-FOUR,  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 8. 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 FORTY-FOUR 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 9. 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 FORTY-FOUR 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 10. 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 FORTY-FOUR OF SECTION
THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW; or
  S 11. 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 five of
this act, and the surrender program established by section one  of  this
act,  shall  become  operational  on  or before such effective date; 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,  or  substituted  cathinones,  as
defined  in  section 3306 of the public health law, except that enforce-
ment of such provisions of the penal law shall be  allowed  during  this

S. 2836--A                          5

period  with  regard  to the possession of methacathinone, 4-methylmeth-
cathinone, methylenedioxypyrovalerone, and  substances  containing  more
than two and one-half percent by weight of delta-9 tetrahydrocannabinol,
or its isomer, delta-8 dibenzopyran numbering system, or delta-1 tetrah-
ydrocannabinol  or  its isomer, delta 1(6) monoterpene numbering system;
and provided, further, that the provisions of section one  of  this  act
shall  expire  and be deemed repealed on the ninety-first day after such
effective date.

Co-Sponsors

S2836B - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3302 & 3306, Pub Health L; amd §§220.00, 220.06, 220.09, 220.16, 220.34 & 220.39, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6694
2013-2014: S1686
2017-2018: S3518
2019-2020: S2856

S2836B - Summary

Relates to controlled substances; defines synthetic cannabis; criminal provisions relating to synthetic cannabis.

S2836B - Sponsor Memo

BILL NUMBER:S2836B

TITLE OF BILL:

An act to establish a synthetic cannabinoid surrender program; to
amend the public health law and the penal law, in relation to
controlled substances; and providing for the repeal of certain
provisions upon expiration thereof

PURPOSE:

To classify synthetic cannabinoids (the herb-like products that
contain synthetic cannabinoids often known as K2, Spike 99, Spice,
Yucatan Fire, Genie, Zohai and many others) and to create a Statewide
Synthetic Cannabinoid and substituted Cathinone Surrender Program to
allow for surrender of these harmful substances to appropriate
authorities.

SUMMARY OF PROVISIONS:

Adds nine classes of synthetic cannabinoids, based on foundational
chemical structures, to the controlled Substances Act (CSA) - which
should address the current practice of making minor alterations to
chemicals to subvert statutes that prohibit distinct substances.
Makes penalties for possession and sale similar to marijuana. These
substances are similar to marijuana in how they are used, the

neurochemical impact they illicit, and the quantities in which they
are sold.

Requires provisions to allow for the surrender of these substances
during the 90 day period after enactment of the law to the appropriate
authorities, and requires that a database be maintained to increase
awareness of these products and their harmful effects.

JUSTIFICATION:

Many recent news reports have brought to light the use of a legal
herblike product that is laced with a synthetic cannabinoid that is
being smoked by individuals, including teens, known as "fake weed"; as
well as the substituted cathinones, known as "bath salts-" While
producing a high similar to existing controlled substances, these
legal substances can have more dangerous side effects, including
hallucinations, vomiting, agitation, increased heart rate, elevated
blood pressure and other adverse conditions.

Recognizing the health risks associated with use of synthetic
cannabiniods, the State Department of Health has issued an Order for
Summary Action ("Order") prohibiting the sale of substances belonging
to the classes of synthetic cannabiniods identified in this bill.
Citing increased calls to New York State Poison Control centers, and
federal action to prohibit the sale and possession of these dangerous
substances, the Order prohibits retailers from selling such products
-and could allow for the imposition of a fine or other civil penalty
against those who violate the Order.

This bill complements the measures taken under the direction of the
Governor by adding both synthetic cannabinoids, and the even more


dangerous substituted cathinones, to the CSA. Not only does this
provide fox the imposition of criminal sanctions, but also makes it a
felony to sell such products to a minor or on school grounds.
Further, these actions would criminalize possession of such substances
- deterring use by law abiding individuals who may otherwise be
unaware of the harmful effects of these drugs.

LEGISLATIVE HISTORY:

2012: (S.6694-A) Passed Senate / Assembly Health Committee 2013:
(S.1686) Passed Senate 2014: (S.1686) Reported to Finance

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

90 days after it shall have become a law, with provisions.

S2836B - Bill Text download pdf

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

                                 2836--B
    Cal. No. 820

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced  by  Sens.  FLANAGAN,  GALLIVAN,  GOLDEN,  LITTLE, MARCHIONE,
  MARTINS, RANZENHOFER, RITCHIE -- read twice and ordered  printed,  and
  when  printed  to be committed to the Committee on Health -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- reported favorably from said  committee,  ordered
  to  first  and  second  report, amended on second report, ordered to a
  third reading, and to be reprinted as amended, retaining its place  in
  the order of third reading

AN  ACT to establish a synthetic cannabinoid surrender program; to amend
  the public health law and the penal law,  in  relation  to  controlled
  substances;  and  providing  for the repeal of certain provisions upon
  expiration thereof

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

  Section 1.  There is hereby established a statewide synthetic cannabi-
noid surrender program. Pursuant to this program, for a period of ninety
days commencing on the effective date of this section:
  The  department of health shall establish a statewide synthetic canna-
binoid surrender program, in compliance with federal  law.  The  program
shall  be  composed of locations throughout the state, at which individ-
uals may anonymously surrender products  containing  synthetic  cannabi-
noids,  as defined in section 3302 and section 3306 of the public health
law. A surrender of synthetic  cannabinoids  pursuant  to  this  section
shall not constitute a "sale" for the purposes of the penal law.
  S  2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08320-03-5

S. 2836--B                          2

  (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  3. Section 3302 of the public health law is amended by adding a new
subdivision 44 to read as follows:
  44. "SYNTHETIC CANNABINOID" MEANS ANY  CHEMICAL  COMPOUND  THAT  IS  A
CANNABINOID  RECEPTOR  AGONIST  AND  INCLUDES, BUT IS NOT LIMITED TO ANY
MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT IS NOT APPROVED BY  THE
FEDERAL FOOD AND DRUG ADMINISTRATION (FDA), AND CONTAINS ANY QUANTITY OF
THE  FOLLOWING  SUBSTANCES, THEIR SALTS, ISOMERS (WHETHER OPTICAL, POSI-
TIONAL, OR GEOMETRIC), HOMOLOGUES (ANALOGS), AND SALTS  OF  ISOMERS  AND
HOMOLOGUES  (ANALOGS), UNLESS SPECIFICALLY EXEMPTED, WHENEVER THE EXIST-
ENCE OF THESE SALTS, ISOMERS, HOMOLOGUES (ANALOGS), AND SALTS OF ISOMERS
AND HOMOLOGUES (ANALOGS) IS POSSIBLE WITHIN THE SPECIFIC CHEMICAL DESIG-
NATION:
  (A)  TETRAHYDROCANNABINOLS,  NAPHTHOYLINDOLES,  NAPHTHYLMETHYLINDOLES,
NAPHTHOYLPYRROLES,  NAPHTHYLIDENEINDENES, PHENYLACETYLINDOLES, CYCLOHEX-
YLPHENOLS, BENZOYLINDOLES, OR ADAMANTOYLINDOLES, AS DEFINED  IN  SECTION
THIRTY-THREE HUNDRED SIX OF THIS TITLE;
  (B) (6AR, 10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-
6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (HU-210);
  (C) (6AS, 10AS)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-
6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (DEXANABINOL OR HU-211); OR
  (D) 2,3-DIHYDRO-5-METHYL-3-(4-MORPHOLINYLMETHYL)PYRROLO{1,2,3-DE}-1,
4-BENZOXAZIN-6-Y1-1-NAPHTHALENYLMETHANONE (WIN 55,212-2).
  S  4.  Subdivision  (d)  of  schedule  I of section 3306 of the public
health law is amended by adding eleven new paragraphs 33,  34,  35,  36,
37, 38, 39, 40, 41, 42 and 43 to read as follows:
  (33) NAPHTHOYLINDOLES. ANY COMPOUND CONTAINING A 3-(1-NAPHTHOYL)INDOLE
STRUCTURE  WITH  SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE RING BY
AN  ALKYL,  HALOALKYL,   ALKENYL,   CYCLOALKYLMETHYL,   CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER  OR  NOT  FURTHER  SUBSTITUTED  IN  THE INDOLE RING TO ANY EXTENT AND
WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL RING TO ANY EXTENT.
  (34)    NAPHTHYLMETHYLINDOLES.    ANY    COMPOUND     CONTAINING     A
H-INDOL-3-YL-(1-NAPHTHYL)METHANE  STRUCTURE  WITH  SUBSTITUTION  AT  THE
NITROGEN ATOM OF THE INDOLE RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLO-
ALKYLMETHYL,   CYCLOALKYLETHYL,   1-(N-METHYL-2-PIPERIDINYL)METHYL    OR
2-(4-MORPHOLINYL)ETHYL  GROUP, WHETHER OR NOT FURTHER SUBSTITUTED IN THE
INDOLE RING TO ANY EXTENT AND WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL
RING TO ANY EXTENT.
  (35)     NAPHTHOYLPYRROLES.     ANY     COMPOUND     CONTAINING      A
3-(1-NAPHTHOYL)PYRROLE  STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM
OF THE PYRROLE RING BY AN ALKYL, HALOALKYL,  ALKENYL,  CYCLOALKYLMETHYL,
CYCLOALKYLETHYL  OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETHER OR NOT FURTHER
SUBSTITUTED IN THE PYRROLE RING TO ANY EXTENT AND WHETHER OR NOT SUBSTI-
TUTED IN THE NAPHTHYL RING TO ANY EXTENT.
  (36) NAPHTHYLIDENEINDENES. ANY COMPOUND CONTAINING A  NAPHTHYLIDENEIN-
DENE STRUCTURE WITH SUBSTITUTION AT THE 3-POSITION OF THE INDENE RING BY
AN   ALKYL,   HALOALKYL,   ALKENYL,  CYCLOALKYLMETHYL,  CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER OR NOT FURTHER SUBSTITUTED IN THE  INDENE  RING  TO  ANY  EXTENT  AND
WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL RING TO ANY EXTENT.

S. 2836--B                          3

  (37)  PHENYLACETYLINDOLES. ANY COMPOUND CONTAINING A 3-PHENYLACETYLIN-
DOLE STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE RING
BY AN  ALKYL,  HALOALKYL,  ALKENYL,  CYCLOALKYLMETHYL,  CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER  OR  NOT  FURTHER  SUBSTITUTED  IN  THE INDOLE RING TO ANY EXTENT AND
WHETHER OR NOT SUBSTITUTED IN THE PHENYL RING TO ANY EXTENT.
  (38)     CYCLOHEXYLPHENOLS.     ANY     COMPOUND     CONTAINING      A
2-(3-HYDROXYCYCLOHEXYL)PHENOL STRUCTURE WITH SUBSTITUTION AT THE 5-POSI-
TION OF THE PHENOLIC RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLME-
THYL,      CYCLOALKYLETHYL,      1-(N-METHYL-2-PIPERIDINYL)METHYL     OR
2-(4-MORPHOLINYL)ETHYL GROUP, WHETHER OR NOT SUBSTITUTED IN  THE  CYCLO-
HEXYL RING TO ANY EXTENT.
  (39)  BENZOYLINDOLES.  ANY  COMPOUND  CONTAINING  A  3-(BENZOYL)INDOLE
STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE  RING  BY
AN   ALKYL,   HALOALKYL,   ALKENYL,  CYCLOALKYLMETHYL,  CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER OR NOT FURTHER SUBSTITUTED IN THE  INDOLE  RING  TO  ANY  EXTENT  AND
WHETHER OR NOT SUBSTITUTED IN THE PHENYL RING TO ANY EXTENT.
  (40)  ADAMANTOYLINDOLES.  ANY  COMPOUND  CONTAINING A 3-(1-ADAMANTOYL)
INDOLE STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM  OF  THE  INDOLE
RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLMETHYL, CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERINDINYL)METHYL,   OR   2-(4-MORPHOLINYL)ETHYL  GROUP,
WHETHER OR NOT FURTHER SUBSTITUTED IN THE ADAMANTYL RING SYSTEM  TO  ANY
EXTENT.
  (41)  (6AR,10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)
-6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (HU-210).
  (42)  (6AS,10AS)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)
-6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (DEXANABINOL OR HU-211).
  (43)  2,3-DIHYDRO-5-METHYL-3-(4-MORPHOLINYLMETHYL)PYRROLO{1,2,3-DE}-1,
4-BENZOXAZIN-6-YL-1-NAPHTHALENYLMETHANONE (WIN 55,212-2).
  S 5. 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, AND SECTION THIRTY-THREE HUNDRED SIX OF THIS  TITLE.  THE
DATABASE  SHALL BE PUBLISHED ON THE DEPARTMENT'S WEBSITE SO THAT CONSUM-
ERS, 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  6.  The commissioner of health shall make any rules and regulations
necessary to effectuate the provisions of  this  act,  its  purpose  and
intent pursuant to section 3308 of the public health law.

S. 2836--B                          4

  S  7.  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  FORTY-FOUR,  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 8. 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 FORTY-FOUR 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 9. 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 FORTY-FOUR 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 10. 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 FORTY-FOUR OF SECTION
THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW; or
  S 11. 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 five of
this act, and the surrender program established by section one  of  this
act,  shall  become  operational  on  or before such effective date; 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 and section 3306 of the  public  health  law,  except  that
enforcement  of such provisions of the penal law shall be allowed during
this period with regard to the possession of substances containing  more

S. 2836--B                          5

than two and one-half percent by weight of delta-9 tetrahydrocannabinol,
or its isomer, delta-8 dibenzopyran numbering system, or delta-1 tetrah-
ydrocannabinol  or  its isomer, delta 1(6) monoterpene numbering system;
and  provided,  further,  that the provisions of section one of this act
shall expire and be deemed repealed on the ninety-first day  after  such
effective date.

Co-Sponsors

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S2836C (ACTIVE) - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3302 & 3306, Pub Health L; amd §§220.00, 220.06, 220.09, 220.16, 220.34 & 220.39, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6694
2013-2014: S1686
2017-2018: S3518
2019-2020: S2856

S2836C (ACTIVE) - Summary

Relates to controlled substances; defines synthetic cannabis; criminal provisions relating to synthetic cannabis.

S2836C (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S2836C

 TITLE OF BILL :  An act to amend the public health law and the penal
law, in relation to controlled substances

 PURPOSE :

To classify synthetic cannabinoids (the herb-like products that
contain synthetic cannabinoids often known as K2, Spike 99, Spice,
Yucatan Fire, Genie, Zohai and many others)as Schedule I controlled
substances.

 SUMMARY OF PROVISIONS :

Adds synthetic cannabinoids, based on foundational chemical
structures, to the controlled Substances Act (CSA) - which should
address the current practice of making minor alterations to chemicals
to subvert statutes that prohibit distinct substances. Adds these
substances to the controlled substance possession and sale offenses.

 JUSTIFICATION :

Many recent news reports have brought to light the use of a legal
herblike product that is laced with a synthetic cannabinoid that is
being smoked by individuals, including teens, known as "fake weed"; as
well as the substituted cathinones, known as "bath salts-" While

producing a high similar to existing controlled substances, these
legal substances can have more dangerous side effects, including
hallucinations, vomiting, agitation, increased heart rate, elevated
blood pressure and other adverse conditions.

Recognizing the health risks associated with use of synthetic
cannabiniods, the State Department of Health has issued an Order for
Summary Action ("Order") prohibiting the sale of substances belonging
to the classes of synthetic cannabiniods identified in this bill.
Citing increased calls to New York State Poison Control centers, and
federal action to prohibit the sale and possession of these dangerous
substances, the Order prohibits retailers from selling such products
and could allow for the imposition of a fine or other civil penalty
against those who violate the Order.

This bill complements the measures taken under the direction of the
Governor by adding both synthetic cannabinoids to the CSA. Not only
does this provide for the imposition of criminal sanctions, but also
makes it a felony to sell such products to a minor or on school
grounds. Further, these actions would criminalize possession of such
substances - deterring use by law abiding individuals who may
otherwise be unaware of the harmful effects of these drugs.

 LEGISLATIVE HISTORY :

2015: (S.2836-B) Passed Senate
2014: (S.1686) Reported to Finance
2013: (S,1686) Passed Senate
2012: (S.6694-A) Passed Senate / Assembly Health Committee

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
One-hundred eighty days with provisions.

S2836C (ACTIVE) - Bill Text download pdf

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

                                 2836--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced  by  Sens.  FLANAGAN,  GALLIVAN,  GOLDEN,  LITTLE, MARCHIONE,
  MARTINS, RANZENHOFER, RITCHIE -- read twice and ordered  printed,  and
  when  printed  to be committed to the Committee on Health -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- reported favorably from said  committee,  ordered
  to  first  and  second  report, amended on second report, ordered to a
  third reading, and to be reprinted as amended, retaining its place  in
  the  order  of third reading -- recommitted to the Committee on Health
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the public health law and the penal law, in relation to
  controlled substances

  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 a new
subdivision 44 to read as follows:
  44. "SYNTHETIC CANNABINOID"  SHALL  HAVE  THE  MEANING  SET  FORTH  IN
SECTION THIRTY-THREE HUNDRED SIX OF THIS TITLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08320-04-6

S. 2836--C                          2

  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 by to read as follows:
  (21) Tetrahydrocannabinols.   [Synthetic   equivalents   of  the]  THE
substances contained in the plant, or in  the  resinous  extractives  of
cannabis,  sp. and/or synthetic substances, derivatives, and their isom-
ers 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).
  S 4. Schedule I of section 3306 of the public health law is amended by
adding a new subdivision (g) to read as follows:
  (G) (1) UNLESS SPECIFICALLY EXCEPTED OR UNLESS LISTED IN ANOTHER SCHE-
DULE,  ANY  MATERIAL,  COMPOUND,  MIXTURE,  OR  PREPARATION  THAT IS NOT
APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION  (FDA),  AND  WHICH
CONTAINS  ANY  QUANTITY OF SYNTHETIC CANNABINOIDS, OR WHICH CONTAINS ANY
OF ITS SALTS, ISOMERS (WHETHER OPTICAL, POSITIONAL, OR GEOMETRIC), HOMO-
LOGUES (ANALOGS), AND SALTS OF ISOMERS AND HOMOLOGUES (ANALOGS), WHENEV-
ER THE EXISTENCE OF SUCH SALTS, ISOMERS, HOMOLOGUES (ANALOGS), AND SALTS
OF ISOMERS AND HOMOLOGUES (ANALOGS)  IS  POSSIBLE  WITHIN  THE  SPECIFIC
CHEMICAL DESIGNATION.
  (2)  AS  USED  IN  THIS SUBDIVISION, THE TERM "SYNTHETIC CANNABINOIDS"
MEANS ANY CHEMICAL COMPOUND OR SYNTHETIC EQUIVALENT THAT IS A CANNBINOID
RECEPTOR TYPE 1  (CB1  RECEPTOR)  AGONIST  AS  DEMONSTRATED  BY  BINDING
STUDIES AND FUNCTIONAL ASSAYS WITHIN ANY OF THE FOLLOW STRUCTURAL CLASS-
ES:
  (I)  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;
  (II)  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;
  (III)  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;
  (IV)  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;
  (V) 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;
  (VI) 5-(1,1-DIMETHYLHEPTYL)-2-[(1R,3S)-3-HYDROXYCYCLOHEXYL]-PHENOL (CP
47,497);
  (VII)     5-(1,1-DIMETHYLOCTYL)-2-[(1R,3S)-3-HYDROXYCYCLOHEXYL]-PHENOL
(CANNABICYCLOHEXANOL; CP 47,497 C8 HOMOLOGUE);
  (VIII) 1-PENTYL-3-(1-NAPHTHOYL)INDOLE (JWH-018; AM678);
  (IX) 1-BUTYL-3-(1-NAPHTHOYL)INDOLE (JWH-073);
  (X) 1-HEXYL-3-(1-NAPHTHOYL)INDOLE (JWH-019);

S. 2836--C                          3

  (XI) 1-[2-(4-MORPHOLINYL)ETHYL]-3-(1-NAPHTHOYL)INDOLE (JWH-200);
  (XII) 1-PENTYL-3-(2-METHOXYPHENYLACETYL)INDOLE (JWH-250);
  (XIII) 1-PENTYL-3-[1-(4-METHOXYNAPHTHOYL)]INDOLE (JWH-081);
  (XIV) 1-PENTYL-3-(4-METHYL-1-NAPHTHOYL)INDOLE (JWH-122);
  (XV) 1-PENTYL-3-(4-CHLORO-1-NAPHTHOYL)INDOLE (JWH-398);
  (XVI) 1-(5-FLUOROPENTYL)-3-(1-NAPHTHOYL)INDOLE (AM2201);
  (XVII) 1-(5-FLUOROPENTYL)-3-(2-IODOBENZOYL)INDOLE (AM694);
  (XVIII) 1-PENTYL-3-[(4-METHOXY)-BENZOYL]INDOLE (SR-19; RCS-4);
  (XIX)     1-CYCLOHEXYLETHYL-3-(2-METHOXYPHENYLACETYL)INDOLE    (SR-18;
RCS-8);
  (XX) 1-PENTYL-3-(2-CHLOROPHENYLACETYL)INDOLE (JWH-203);
  (XXI) (1-PENTYL-1H-INDOL-3-YL)(2,2,3,3-TETRAMETHYLCYCLOPROPYL)METHANONE
(UR-144);
  (XXII) [1-(5-FLUORO-PENTYL)-1H-INDOL-3-YL](2,2,3,3-
TETRAMETHYLCYCLOPROPYL)METHANONE (5-FLUORO-UR-144; XLR11); AND
  (XXIII)  N-(1-ADAMANTYL)-1-PENTYL-1H-INDAZOLE-3-CARBOXAMIDE  (APINACA;
AKB48).
  (3) THE TERM "SYNTHETIC CANNABINOIDS" SHALL ALSO INCLUDE:
  (I) (1-PENTYL-1H-INDOL-3-YL)(2,2,3,3-TETRAMETHYLCYCLOPROPYL)METHANONE,
ITS OPTICAL, POSITIONAL, AND GEOMETRIC ISOMERS, SALTS AND SALTS OF ISOM-
ERS-7144 (OTHER NAMES: UR-144, 1-PENTYL-3-(2,2,3,3- TETRAMETHYLCYCLOPRO-
POYL)INDOLE);
  (II) [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);
  (III) 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);
  (IV)  QUINOLIN-8-YL  1-PENTYL-1H-INDOLE-3-CARBOXYLATE,  ITS   OPTICAL,
POSITIONAL,  AND  GEOMETRIC  ISOMERS,  SALTS  AND  SALTS OF ISOMERS-7222
(OTHER NAMES: PB-22; QUPIC);
  (V)  QUINOLIN-8-YL   1-(5-FLUOROPENTYL)-1H-INDOLE-3-CARBOXYLATE,   ITS
OPTICAL,  POSITIONAL, AND GEOMETRIC ISOMERS, SALTS AND SALTS OF ISOMERS-
7225 (OTHER NAMES: 5-FLUORO-PB-22; 5F-PB-22);
  (VI) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-(4-FLUOROBENZYL)-1H- INDA-
ZOLE-3-CARBOXAMIDE, ITS  OPTICAL,  POSITIONAL,  AND  GEOMETRIC  ISOMERS,
SALTS AND SALTS OF ISOMERS-7012 (OTHER NAMES: AB-FUBINACA);
  (VII) N-(1-AMINO-3,3-DIMETHYL-1-OXOBUTAN-2-YL)-1-PENTYL-1H-INDAZOLE-3-
CARBOXAMIDE,  ITS  OPTICAL, POSITIONAL, AND GEOMETRIC ISOMERS, SALTS AND
SALTS OF ISOMERS-7035 (OTHER NAMES: ADB-PINACA);
  (VIII) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-(CYCLOHEXYLMETHYL)-1H-
INDAZOLE-3-CARBOXAMIDE, ITS OPTICAL, POSITIONAL, AND GEOMETRIC  ISOMERS,
SALTS, AND SALTS OF ISOMERS-7031 (OTHER NAMES: AB-CHMINACA);
  (IX) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-PENTYL-1H-INDAZOLE-3-
CARBOXAMIDE,  ITS OPTICAL, POSITIONAL, AND GEOMETRIC ISOMERS, SALTS, AND
SALTS OF ISOMERS-7023 (OTHER NAMES: AB-PINACA); AND
  (X) [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).
  S 5. Section 220.00 of the penal law is amended by adding a new subdi-
vision 21 to read as follows:
  21.  "KNOWINGLY"  WHEN  USED IN CONNECTION WITH THE OFFENSES INVOLVING
THE POSSESSION OR SALE, OR THE ATTEMPT OR CONSPIRACY TO POSSESS OR SELL,
A SYNTHETIC CANNABINOID, SYNTHETIC CATHINONE, OR A CONTROLLED  SUBSTANCE

S. 2836--C                          4

ANALOGUE,  SHALL  NOT REQUIRE KNOWLEDGE BY THE DEFENDANT OF THE CHEMICAL
STRUCTURE OF THE SUBSTANCE, BUT RATHER, IT IS SUFFICIENT IF:
  (A)  THE  DEFENDANT 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 IN SCHEDULE I OR II OF SECTION THIRTY-THREE HUNDRED
SIX OF THE PUBLIC HEALTH LAW; OR
  (B)  THE DEFENDANT 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 IN SCHEDULE I OR II OF SECTION THIRTY-THREE HUNDRED
SIX OF THE PUBLIC HEALTH LAW.
  S  6.  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 AS  DEFINED  IN  SUBDIVISION  (G)  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  7.  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 AS  DEFINED  IN  SUBDIVISION  (G)  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  8. 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  AS  DEFINED IN SUBDIVISION (G) 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 9. Subdivision 3 of section 220.34 of the penal law, as  amended  by
chapter  537 of the laws of 1998, is amended and a new subdivision 10 is
added to read as follows:

S. 2836--C                          5

  3. concentrated cannabis as defined in [paragraph (a) of]  subdivision
four of section thirty-three hundred two of the public health law; or
  10.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR SUBSTANCES
CONTAINING A SYNTHETIC CANNABINOID AS  DEFINED  IN  SUBDIVISION  (G)  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  10.  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  AS  DEFINED IN SUBDIVISION (G) 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 11. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law; provided, however, that, notwithstand-
ing  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 and section 3306 of
the public health law, except that enforcement of such provisions of the
penal law shall be  allowed  during  this  period  with  regard  to  the
possession  of  substances containing more than two and one-half percent
by weight of delta-9 tetrahydrocannabinol, or its isomer, delta-8 diben-
zopyran numbering system, or delta-1 tetrahydrocannabinol or its isomer,
delta 1(6) monoterpene numbering system.

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The New York State Senate

senate Bill S2836C

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Jan 25, 2016 - floor Vote

Floor Vote: Jan 25, 2016

Jan 25, 2016 - Rules committee Vote

Rules Committee Vote: Jan 25, 2016

Jun 17, 2015 - floor Vote

Floor Vote: Jun 17, 2015

May 19, 2015 - Health committee Vote

Committee Vote: May 19, 2015

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senate Bill S2836C

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jan 25, 2016 - floor Vote

Floor Vote: Jan 25, 2016

Jan 25, 2016 - Rules committee Vote

Rules Committee Vote: Jan 25, 2016

Jun 17, 2015 - floor Vote

Floor Vote: Jun 17, 2015

May 19, 2015 - Health committee Vote

Committee Vote: May 19, 2015

Bill Amendments

Co-Sponsors

S2836 - Details

S2836 - Summary

S2836 - Sponsor Memo

S2836 - Bill Text download pdf

Co-Sponsors

S2836A - Details

S2836A - Summary

S2836A - Sponsor Memo

S2836A - Bill Text download pdf

Co-Sponsors

S2836B - Details

S2836B - Summary

S2836B - Sponsor Memo

S2836B - Bill Text download pdf

Co-Sponsors

S2836C (ACTIVE) - Details

S2836C (ACTIVE) - Summary

S2836C (ACTIVE) - Sponsor Memo

S2836C (ACTIVE) - Bill Text download pdf

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