NY State Senate Bill 2017-S3518A

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2018	print number 3518a
Jun 12, 2018	amend (t) and recommit to health
Jan 03, 2018	referred to health returned to senate died in assembly
Apr 24, 2017	referred to health delivered to assembly passed senate
Mar 13, 2017	advanced to third reading
Mar 08, 2017	2nd report cal.
Mar 07, 2017	1st report cal.388
Jan 24, 2017	referred to health

Votes

- Apr 24, 2017 - Floor Vote
  S3518A
  
  53
  
  Aye
  
  6
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 24, 2017
      
      aye (53)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (6)
      
      Gianaris
      
      Hoylman-Sigal
      
      Montgomery
      
      Parker
      
      Serrano
      
      Squadron
      
      excused (3)
      
      Bailey
      
      Krueger
      
      Sanders Jr.
  Mar 7, 2017 - Health Committee Vote
  S3518A
  
  15
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Mar 7, 2017
      
      aye (15)
      
      Felder
      
      Golden
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky
      
      nay (1)
      
      Persaud
      
      excused (1)
      
      Hannon

Bill Amendments

Original

A (Active)

co-Sponsors

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2017-S3518 - Details

Current Committee:: Senate Health
Law Section:: Penal Law
Laws Affected:: 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
2015-2016: S2836
2019-2020: S2856

2017-S3518 - Summary

Relates to certain controlled substances offenses relating to synthetic cannabis.

2017-S3518 - Sponsor Memo

                                 BILL NUMBER:  S3518

 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 :

2016: (S.2836-C) Passed Senate
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.

2017-S3518 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3518
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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].
   § 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.
   § 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

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

                                                            LBD07711-01-7

 S. 3518                             2
 
   /\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).
   § 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);
   (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);

 S. 3518                             3
 
   (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).
   § 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
 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

 S. 3518                             4
 
 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.
   §  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.
   §  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.
   §  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.
   § 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:
   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.
   §  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:

 S. 3518                             5
 
   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.
   §  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.

co-Sponsors

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2017-S3518A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Penal Law
Laws Affected:: 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
2015-2016: S2836
2019-2020: S2856

2017-S3518A (ACTIVE) - Summary

Relates to certain controlled substances offenses relating to synthetic cannabis.

2017-S3518A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3518A

SPONSOR: FLANAGAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to certain controlled
substances offenses

 
PURPOSE:

To apply corresponding penalties under the penal law with criminal
possessions of synthetic cannabinoids.

 
SUMMARY OF PROVISIONS:

Section 1 - Section 1 adds the definition of "knowingly" to section
220.00 of the penal law regarding the possession or sale, or the attempt
or conspiracy to possess or sell, a synthetic cannabinoid, synthetic
cathinone, or a controlled substance analogue.

Sections 2-6 - Sections 2-6 update various sections of the penal law to

incorporate penalties for the possession or sale of synthetic cannabi-
noids.

Section 7 - Section 7 sets forth a November 1, 2018 effective date.

 
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 recently undertaken by the Legisla-
ture regarding synthetic cannabinoids by creating criminal penalties for
criminal possession and criminal sale of synthetic cannabinoids.

 
LEGISLATIVE HISTORY:

2017: Passed Senate
2016: (S.2836-C) Passed Senate
2015: (S.2836-8) 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:
November 1, 2018

2017-S3518A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3518--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by  Sens.  FLANAGAN,  BROOKS, GALLIVAN, KAMINSKY, MARCHIONE,
   MURPHY, PHILLIPS, RANZENHOFER,  RITCHIE  --  read  twice  and  ordered
   printed,  and  when printed to be committed to the Committee on Health
   -- 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 committee
 
 AN ACT to amend  the  penal  law,  in  relation  to  certain  controlled
   substances offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 220.00 of the penal law is amended by adding a  new
 subdivision 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
 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.
   § 2. 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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07711-02-8

 S. 3518--A                          2
 
 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.
   §  3.  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.
   §  4. 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.
   § 5. 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:
   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.
   §  6.  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.
   § 7. This act shall take effect November 1, 2018.

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Senate Bill S3518A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Apr 24, 2017 - Floor Vote

Floor Vote: Apr 24, 2017

Mar 7, 2017 - Health Committee Vote

Health Committee Vote: Mar 7, 2017

Bill Amendments

co-Sponsors

2017-S3518 - Details

2017-S3518 - Summary

2017-S3518 - Sponsor Memo

2017-S3518 - Bill Text download pdf

co-Sponsors

2017-S3518A (ACTIVE) - Details

2017-S3518A (ACTIVE) - Summary

2017-S3518A (ACTIVE) - Sponsor Memo

2017-S3518A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3518A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2017-S3518 - Details

2017-S3518 - Summary

2017-S3518 - Sponsor Memo

2017-S3518 - Bill Text download pdf

co-Sponsors

2017-S3518A (ACTIVE) - Details

2017-S3518A (ACTIVE) - Summary

2017-S3518A (ACTIVE) - Sponsor Memo

2017-S3518A (ACTIVE) - Bill Text download pdf

Comments