S T A T E O F N E W Y O R K
________________________________________________________________________
197
2023-2024 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 4, 2023
___________
Introduced by M. of A. MAGNARELLI, BARCLAY, COOK, SIMON, PEOPLES-STOKES,
OTIS, WOERNER, JEAN-PIERRE -- 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 42, 43 and 44 to read as follows:
42. "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.
43. "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.
44. "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.
LBD00279-01-3
A. 197 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. Subdivision 5 of section 220.00 of the penal law, as amended by
chapter 92 of the laws of 2021, is 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, AND SUBSTITUTED CATHINONES AS 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-
jj to read as follows:
§ 399-JJ. 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-TWO OR FORTY-THREE OF SECTION THIRTY-THREE HUNDRED TWO OF THE
PUBLIC HEALTH LAW AND "SUBSTITUTED CATHINONE" MEANS ANY SUBSTANCE
DEFINED BY SUBDIVISION FORTY-FOUR 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
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
A. 197 3
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.