Senate Bill S3518

                            
 
                     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

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   /\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);

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   (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:

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   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.