S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4491
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI,  BARCLAY,  COOK,  MOSLEY, SIMON,
   PEOPLES-STOKES, GALEF, OTIS, BUCHWALD,  BLAKE,  WOERNER,  JEAN-PIERRE,
   ORTIZ  --  Multi-Sponsored  by -- M. of A. HYNDMAN, RAMOS -- read once
   and referred to the Committee on Health
 
 AN ACT to amend the public health law, the penal  law  and  the  general
   business  law, in relation to synthetic cannabinoids, synthetic canna-
   binoid  analog  and  substituted  cathinones   and   prohibiting   the
   production and sale thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3302 of the public health law is amended by  adding
 three new subdivisions 44, 45 and 46 to read as follows:
   44. "SYNTHETIC CANNABINOID" MEANS ANY CHEMICAL COMPOUND THAT IS CHEMI-
 CALLY SYNTHESIZED AND:
   (A)  HAS  BEEN  DEMONSTRATED TO HAVE A BINDING ACTIVITY AT ONE OR MORE
 CANNABINOID RECEPTORS; OR
   (B) IS A CHEMICAL ISOMER, SALT OR SALT OF AN ISOMER OF A COMPOUND THAT
 HAS BEEN DEMONSTRATED TO HAVE BINDING ACTIVITY AT ONE OR  MORE  CANNABI-
 NOID RECEPTORS; OR
   (C)  HAS  BEEN DESIGNATED IN REGULATION BY THE COMMISSIONER AS BEING A
 SYNTHETIC CANNABINOID OR SYNTHETIC CANNABINOID ANALOG.
   "SYNTHETIC CANNABINOID" DOES NOT INCLUDE ANY  PRODUCT  THAT  HAS  BEEN
 APPROVED  FOR  MEDICAL  USE  BY THE UNITED STATES FOOD AND DRUG ADMINIS-
 TRATION.
   45. "SYNTHETIC CANNABINOID ANALOG" MEANS ANY CHEMICAL THAT IS SUBSTAN-
 TIALLY SIMILAR IN CHEMICAL STRUCTURE TO A  CHEMICAL  COMPOUND  THAT  HAS
 BEEN  DETERMINED  TO  HAVE  BINDING  ACTIVITY AT ONE OR MORE CANNABINOID
 RECEPTORS. IT DOES NOT INCLUDE ANY PRODUCTS THAT HAVE BEEN APPROVED  FOR
 MEDICAL USE BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
   46. "SUBSTITUTED CATHINONE" MEANS ANY CHEMICAL COMPOUND THAT IS CHEMI-
 CALLY SYNTHESIZED AND:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00087-01-9

 A. 4491                             2
 
   (A)  IS A COMPOUND LISTED IN PARAGRAPH FIVE, EIGHT OR NINE OF SUBDIVI-
 SION (F) OF SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS ARTI-
 CLE, OR
   (B)  HAS BEEN DESIGNATED IN REGULATION BY THE COMMISSIONER AS HAVING A
 CHEMICAL STRUCTURE DERIVATIVE OF CATHINONE, OR
   (C) ANY COMPOUND, OTHER THAN BUPROPRION, THAT IS STRUCTURALLY  DERIVED
 FROM  2-AMINO-1-PHENYL-1-PROPANONE BY MODIFICATION IN ANY OF THE FOLLOW-
 ING 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 THREE-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.
   § 2. Subdivisions 5 and 6 of section 220.00 of the penal law, subdivi-
 sion  5 as amended by chapter 537 of the laws of 1998, and subdivision 6
 as amended by  chapter 1051 of the laws of 1973, 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  of  section  thirty-three
 hundred  two  of  such  law,  AND  SUBSTITUTED  CATHINONES AS DEFINED IN
 SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW.
   6.  "Marihuana"  means  "marihuana"  [or],  "concentrated   cannabis",
 "SYNTHETIC CANNABINOID" OR "SYNTHETIC CANNABINOID ANALOG" as those terms
 are  defined  in  section  thirty-three hundred two of the public health
 law.
   § 3. The general business law is amended by adding a new section  399-
 hh to read as follows:
   §  399-HH. SALE OF SYNTHETIC CANNABINOID, SYNTHETIC CANNABINOID ANALOG
 AND SUBSTITUTED CATHINONE PROHIBITED. 1. FOR PURPOSES OF  THIS  SECTION,
 "SYNTHETIC  CANNABINOID"  MEANS  ANY  SUBSTANCE  DEFINED  BY SUBDIVISION
 FORTY-FOUR OR FORTY-FIVE OF SECTION  THIRTY-THREE  HUNDRED  TWO  OF  THE
 PUBLIC  HEALTH  LAW  AND  "SUBSTITUTED  CATHINONE"  MEANS  ANY SUBSTANCE
 DEFINED BY SUBDIVISION FORTY-SIX OF SECTION THIRTY-THREE HUNDRED TWO  OF
 THE PUBLIC HEALTH LAW.
   2.  NO  PERSON,  CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY
 SHALL KNOWINGLY SELL OR OFFER FOR SALE ANY FORM  OF  SYNTHETIC  CANNABI-
 NOID, SUBSTITUTED CATHINONE OR ANY OTHER SUBSTANCE INTENDED TO ACT AS OR
 ADVERTISED  AS AN ALTERNATIVE FORM OF A CONTROLLED SUBSTANCE. NO PERSON,
 CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY  SHALL  OFFER  ANY
 SUBSTANCE  FOR  SALE  WHERE  THERE HAS BEEN AN EXPLICIT OR IMPLIED CLAIM
 MADE BY THE SELLING PARTY THAT THE SUBSTANCE SOLD WILL MIMIC OR APPROXI-
 MATE THE SAME EFFECTS OF CANNABINOID, SYNTHETIC CANNABINOID, SUBSTITUTED
 CATHINONE OR ANY OTHER SUBSTANCE INTENDED TO ACT AS OR ADVERTISED AS  AN
 ALTERNATIVE FORM OF A CONTROLLED SUBSTANCE.
   3.  WHETHER  A VIOLATION OF THIS SECTION HAS OCCURRED IS A QUESTION OF
 LAW FOR THE COURT.
   4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN  APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
 NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
 VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR

 A. 4491                             3
 
 JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
 INJUNCTION MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING  AND
 RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT REQUIRING PROOF THAT ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING THE COURT MAY MAKE ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE AN OFFENSE
 PUNISHABLE BY A PENALTY OF  FIVE  THOUSAND  DOLLARS  FOR  EACH  SEPARATE
 VIOLATION.  A  VIOLATION  OF THE PROVISIONS OF THIS SECTION AFTER HAVING
 BEEN PREVIOUSLY CONVICTED OF SUCH AN OFFENSE WITHIN  THE  PREVIOUS  FIVE
 YEARS  SHALL  BE A CLASS A MISDEMEANOR PUNISHABLE BY A FINE OF TEN THOU-
 SAND DOLLARS FOR EACH SEPARATE VIOLATION. THE  PENALTIES  FOR  ANY  SUCH
 VIOLATION SHOULD INCLUDE SUCH AN ILLEGAL SALE THAT HAVING BEEN MADE TO A
 PERSON UNDER THE AGE OF EIGHTEEN SHALL BE A CLASS E FELONY AS DEFINED IN
 THE PENAL LAW.
   § 4. This act shall take effect immediately.