senate Bill S6040A

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 - Passed Senate


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 14, 2016 referred to economic development
returned to assembly
repassed senate
Jun 09, 2016 amended on third reading 6040b
Jun 09, 2016 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
Jan 25, 2016 referred to economic development
delivered to assembly
passed senate
ordered to third reading cal.54
committee discharged and committed to rules
Jan 21, 2016 print number 6040a
Jan 21, 2016 amend (t) and recommit to consumer protection
Jan 06, 2016 referred to consumer protection
Aug 26, 2015 referred to rules

Votes

view votes

Jan 25, 2016 - Rules committee Vote

S6040A
22
0
committee
22
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S6040 - Details

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: S5619
2019-2020: S3104

S6040 - Summary

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

S6040 - Sponsor Memo

S6040 - Bill Text download pdf

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

                                  6040

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 26, 2015
                               ___________

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

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

S6040A - Details

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: S5619
2019-2020: S3104

S6040A - Summary

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

S6040A - Sponsor Memo

S6040A - Bill Text download pdf

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

                                 6040--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 26, 2015
                               ___________

Introduced  by  Sens.  KLEIN, VALESKY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules  --  recom-
  mitted  to  the  Committee  on  Consumer Protection in accordance with
  Senate Rule 6, sec. 8 -- 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.
  2.  NO  PERSON,  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY OR OTHER ENTITY SHALL SELL, OFFER FOR SALE, DISTRIBUTE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11842-02-6

Co-Sponsors

S6040B (ACTIVE) - Details

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: S5619
2019-2020: S3104

S6040B (ACTIVE) - Summary

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

S6040B (ACTIVE) - Sponsor Memo

S6040B (ACTIVE) - Bill Text download pdf

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

                                 6040--B
    Cal. No. 54

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 26, 2015
                               ___________

Introduced  by  Sens.  KLEIN,  MURPHY, SERINO, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Rules  --  recommitted  to  the  Committee  on  Consumer Protection in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- committee discharged and said bill committed to  the  Committee
  on Rules -- reported favorably from said committee, ordered to a third
  reading,  passed  by  Senate  and delivered to the Assembly, recalled,
  vote reconsidered, restored to  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

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:
  S  399-HH.  SALE OR DISTRIBUTION OF SYNTHETIC CANNABINOID; PROHIBITED.
1. FOR THE PURPOSES OF THIS SECTION, "SYNTHETIC CANNABINOID"  MEANS  ANY

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

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