senate Bill S3104

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 04, 2019 referred to consumer protection

S3104 (ACTIVE) - Details

See Assembly Version of this Bill:
A7106
Current Committee:
Senate Consumer Protection
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:
2015-2016: S6040
2017-2018: S5619

S3104 (ACTIVE) - Summary

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

S3104 (ACTIVE) - Sponsor Memo

S3104 (ACTIVE) - Bill Text download pdf


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

                                  3104

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 4, 2019
                               ___________

Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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.
  §  2. The general business law is amended by adding a new section 399-
hh to read as follows:
  § 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;  PROVIDED,
HOWEVER,  THAT  THE  TERM  "SYNTHETIC CANNABINOID" SHALL NOT INCLUDE ANY
PRODUCT APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AS  A
DRUG OR MEDICAL DEVICE, OR APPROVED BY THE COMMISSIONER OF HEALTH PURSU-
ANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.

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

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