A9781A-2011 Actions

• Apr 23, 2012: print number 9781a
• Apr 23, 2012: amend and recommit to health
• Apr 2, 2012: referred to health

A9781A-2011 Text

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

                                   9781--A

                            I N  ASSEMBLY

                                April 2, 2012
                                 ___________

  Introduced by M. of A. CUSICK -- read once and referred to the Committee
    on  Health -- committee discharged, bill amended, ordered reprinted as
    amended and recommitted to said committee

  AN ACT to establish a synthetic cannabinoid  and  substituted  cathinone
    surrender  program;  to amend the public health law and the penal law,
    in relation to controlled substances; to repeal certain provisions  of
    the  public health law, relating to controlled substances; and provid-
    ing for the repeal of certain provisions upon expiration thereof

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1.  There is hereby established a statewide synthetic cannabi-
  noid  and  substituted  cathinone  surrender  program.  Pursuant to this
  program, for a period of ninety days commencing on the effective date of
  this section:

    The department of health shall establish a statewide synthetic  canna-
  binoid  and  substituted cathinone surrender program, in compliance with
  federal law. The program shall be composed of locations  throughout  the
  state,  at which individuals may anonymously surrender products contain-
  ing synthetic cannabinoids, as defined in section  3302  of  the  public
  health  law,  and  substituted cathinones, as defined in section 3306 of
  the public health law. A surrender of synthetic cannabinoids and substi-
  tuted cathinones pursuant to this section shall not constitute a  "sale"
  for the purposes of the penal law.
    S  2. 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].

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14796-05-2

 A. 9781--A                          2

    S 3. Subdivisions 33, 34, 35, 36, 37, 38, 39 and 40 of section 3302 of
  the  public  health  law are renumbered subdivisions 34, 35, 36, 37, 38,
  39, 40 and 41 and a new subdivision 33 is added to read as follows:

    33.  "SYNTHETIC  CANNABINOID" MEANS ANY MATERIAL, COMPOUND, MIXTURE OR
  PREPARATION CONTAINING ANY QUANTITY OF:

    (A)  TETRAHYDROCANNABINOLS,  NAPHTHOYLINDOLES,  NAPHTHYLMETHYLINDOLES,
  NAPHTHOYLPYRROLES,  NAPHTHYLIDENEINDENES, PHENYLACETYLINDOLES, CYCLOHEX-
  YLPHENOLS, BENZOYLINDOLES, OR ADAMANTOYLINDOLES, AS DEFINED  IN  SECTION
  THIRTY-THREE HUNDRED SIX OF THIS TITLE;
    (B) (6AR, 10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-
  6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (HU-210);
    (C) (6AS, 10AS)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-
  6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (DEXANABINOL OR HU-211); OR
    (D) 2,3-DIHYDRO-5-METHYL-3-(4-MORPHOLINYLMETHYL)PYRROLO{1,2,3-DE}-1,
  4-BENZOXAZIN-6-Y1-1-NAPHTHALENYLMETHANONE (WIN 55,212-2).
    S  4.  Subdivision  (d)  of  schedule  I of section 3306 of the public
  health law is amended by adding eleven new paragraphs 33,  34,  35,  36,
  37, 38, 39, 40, 41, 42 and 43 to read as follows:

    (33) NAPHTHOYLINDOLES. ANY COMPOUND CONTAINING A 3-(1-NAPHTHOYL)INDOLE
  STRUCTURE  WITH  SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE RING BY
  AN  ALKYL,  HALOALKYL,   ALKENYL,   CYCLOALKYLMETHYL,   CYCLOALKYLETHYL,
  1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
  ER  OR  NOT  FURTHER  SUBSTITUTED  IN  THE INDOLE RING TO ANY EXTENT AND
  WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL RING TO ANY EXTENT.
    (34)    NAPHTHYLMETHYLINDOLES.    ANY    COMPOUND     CONTAINING     A
  H-INDOL-3-YL-(1-NAPHTHYL)METHANE  STRUCTURE  WITH  SUBSTITUTION  AT  THE
  NITROGEN ATOM OF THE INDOLE RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLO-
  ALKYLMETHYL,   CYCLOALKYLETHYL,   1-(N-METHYL-2-PIPERIDINYL)METHYL    OR
  2-(4-MORPHOLINYL)ETHYL  GROUP, WHETHER OR NOT FURTHER SUBSTITUTED IN THE
  INDOLE RING TO ANY EXTENT AND WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL
  RING TO ANY EXTENT.
    (35)     NAPHTHOYLPYRROLES.     ANY     COMPOUND     CONTAINING      A
  3-(1-NAPHTHOYL)PYRROLE  STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM
  OF THE PYRROLE RING BY AN ALKYL, HALOALKYL,  ALKENYL,  CYCLOALKYLMETHYL,
  CYCLOALKYLETHYL  OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETHER OR NOT FURTHER
  SUBSTITUTED IN THE PYRROLE RING TO ANY EXTENT AND WHETHER OR NOT SUBSTI-
  TUTED IN THE NAPHTHYL RING TO ANY EXTENT.
    (36) NAPHTHYLIDENEINDENES. ANY COMPOUND CONTAINING A  NAPHTHYLIDENEIN-
  DENE STRUCTURE WITH SUBSTITUTION AT THE 3-POSITION OF THE INDENE RING BY
  AN   ALKYL,   HALOALKYL,   ALKENYL,  CYCLOALKYLMETHYL,  CYCLOALKYLETHYL,
  1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
  ER OR NOT FURTHER SUBSTITUTED IN THE  INDENE  RING  TO  ANY  EXTENT  AND
  WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL RING TO ANY EXTENT.
    (37)  PHENYLACETYLINDOLES. ANY COMPOUND CONTAINING A 3-PHENYLACETYLIN-
  DOLE STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE RING
  BY AN  ALKYL,  HALOALKYL,  ALKENYL,  CYCLOALKYLMETHYL,  CYCLOALKYLETHYL,
  1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
  ER  OR  NOT  FURTHER  SUBSTITUTED  IN  THE INDOLE RING TO ANY EXTENT AND
  WHETHER OR NOT SUBSTITUTED IN THE PHENYL RING TO ANY EXTENT.
    (38)     CYCLOHEXYLPHENOLS.     ANY     COMPOUND     CONTAINING      A
  2-(3-HYDROXYCYCLOHEXYL)PHENOL STRUCTURE WITH SUBSTITUTION AT THE 5-POSI-
  TION OF THE PHENOLIC RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLME-
  THYL,      CYCLOALKYLETHYL,      1-(N-METHYL-2-PIPERIDINYL)METHYL     OR
  2-(4-MORPHOLINYL)ETHYL GROUP, WHETHER OR NOT SUBSTITUTED IN  THE  CYCLO-
  HEXYL RING TO ANY EXTENT.

 A. 9781--A                          3

    (39)  BENZOYLINDOLES.  ANY  COMPOUND  CONTAINING  A  3-(BENZOYL)INDOLE
  STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE  RING  BY
  AN   ALKYL,   HALOALKYL,   ALKENYL,  CYCLOALKYLMETHYL,  CYCLOALKYLETHYL,
  1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
  ER  OR  NOT  FURTHER  SUBSTITUTED  IN  THE INDOLE RING TO ANY EXTENT AND
  WHETHER OR NOT SUBSTITUTED IN THE PHENYL RING TO ANY EXTENT.
    (40) ADAMANTOYLINDOLES. ANY  COMPOUND  CONTAINING  A  3-(1-ADAMANTOYL)
  INDOLE  STRUCTURE  WITH  SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE
  RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLMETHYL, CYCLOALKYLETHYL,
  1-(N-METHYL-2-PIPERINDINYL)METHYL,  OR   2-(4-MORPHOLINYL)ETHYL   GROUP,
  WHETHER  OR  NOT FURTHER SUBSTITUTED IN THE ADAMANTYL RING SYSTEM TO ANY
  EXTENT.
    (41)  (6AR,10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)
  -6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (HU-210).
    (42)  (6AS,10AS)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)
  -6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (DEXANABINOL OR HU-211).
    (43)  2,3-DIHYDRO-5-METHYL-3-(4-MORPHOLINYLMETHYL)PYRROLO{1,2,3-DE}-1,
  4-BENZOXAZIN-6-YL-1-NAPHTHALENYLMETHANONE (WIN 55,212-2).
    S  5.  Paragraph 5 of subdivision (f) of schedule I of section 3306 of
  the public health law, as amended by chapter 457 of the laws of 2006, is
  amended to read as follows:

    (5) [Methcathinone (some other names: 2-(methylamino) - propiophenone;
  alpha-(methylamino)   propiophenone;    2-(methylamino) -1-phenylpropan-
  1-one;  alpha-N-methylaminopropiophenone;  monomethylpropion; ephedrone,
  N-methylcathinone, methylcathinone; AL-464; AL-422; AL-463 and  UR1432),
  its  salts,  optical  isomers  and salts of optical isomers] SUBSTITUTED
  CATHINONES. ANY COMPOUND, OTHER THAN BUPROPRION,  THAT  IS  STRUCTURALLY
  DERIVED  FROM 2-AMINO-1-PHENYL-1-PROPANONE BY MODIFICATION IN ANY OF THE
  FOLLOWING 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 3-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.
    S  6.  Paragraphs 9 and 10 of subdivision (f) of schedule I of section
  3306 of the public health law are REPEALED.
    S 7. Section 3308 of the public health law is amended by adding a  new
  subdivision 7 to read as follows:

    7.  THE COMMISSIONER SHALL, IN CONJUNCTION WITH THE DIVISION OF CRIMI-
  NAL JUSTICE  SERVICES,  ESTABLISH  AND  MAINTAIN  A  DATABASE  OF  KNOWN
  SYNTHETIC  CANNABINOIDS,  AS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO
  OF THIS TITLE, AND SUBSTITUTED CATHINONES, AS DEFINED IN  SECTION  THIR-
  TY-THREE  HUNDRED  SIX OF THIS TITLE. THE DATABASE SHALL BE PUBLISHED ON
  THE DEPARTMENT'S WEBSITE SO THAT CONSUMERS, RETAILERS, AND LAW  ENFORCE-
  MENT AGENCIES CAN ACCESS INFORMATION INCLUDING, BUT NOT LIMITED TO:

    (A)  A  LIST  OF COMPOUNDS KNOWN TO BELONG TO THE CLASSES OF CHEMICALS
  LISTED ABOVE, AND THEIR TRADE NAMES;
    (B)  A  PHYSICAL  DESCRIPTION  OF  PRODUCTS  KNOWN  TO  CONTAIN   SUCH
  COMPOUNDS, AND THEIR EFFECTS; AND
    (C)  A  LIST  OF  THE  BRAND  NAMES  OF PRODUCTS KNOWN TO CONTAIN SUCH
  COMPOUNDS, AND IMAGES OF THEIR PACKAGING.
    THE WEBSITE SHALL INCLUDE A STATEMENT INDICATING THAT SUCH INFORMATION
  IS BEING PROVIDED AS  A  RESOURCE  FOR  CONSUMERS,  RETAILERS,  AND  LAW
  ENFORCEMENT;  AND,  DUE  TO  THE  NATURE OF THE ILLEGAL DRUG TRADE, SUCH

 A. 9781--A                          4

  INFORMATION MAY NOT BE COMPREHENSIVE. NEITHER  THE  DEPARTMENT  NOR  THE
  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL BE LIABLE FOR ANY ECONOMIC
  HARM, PERSONAL  INJURY,  OR  DEATH  THAT  MAY  RESULT  FROM  INFORMATION
  INCLUDED IN, OR OMITTED FROM, THE DATABASE.
    S  8.  Subdivisions  5,  6  and 10 of section 220.00 of the penal law,
  subdivision 5 as amended by chapter 537 of the laws of 1998, subdivision
  6 as amended by chapter 1051 of the laws of 1973 and subdivision  10  as
  amended  by  chapter  664  of  the  laws of 1985, 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, AND SYNTHETIC CANNABI-
  NOID AS DEFINED IN SUBDIVISION  THIRTY-THREE,  of  section  thirty-three
  hundred two of such law.
    6.  "Marihuana"  means  "marihuana[" or]," "concentrated cannabis," OR
  "SYNTHETIC CANNABINOID" as those terms are defined  in  section  thirty-
  three hundred two of the public health law.
    10.  "Hallucinogenic  substance" means any controlled substance listed
  in schedule I(d) other than concentrated  cannabis,  SYNTHETIC  CANNABI-
  NOIDS, lysergic acid diethylamide, or an hallucinogen.
    S  9.  Subdivision 4 of section 220.06 of the penal law, as amended by
  chapter 537 of the laws of 1998, is amended to read as follows:

    4.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing concentrated cannabis as defined in [paragraph (a) of] subdi-
  vision  four  of  section  thirty-three hundred two of the public health
  law, OR SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION THIRTY-THREE  OF
  SECTION  THIRTY-THREE  HUNDRED  TWO  OF  THE PUBLIC HEALTH LAW, and said
  preparations, compounds, mixtures or  substances  are  of  an  aggregate
  weight of one-fourth ounce or more; or
    S 10. Subdivision 10 of section 220.09 of the penal law, as amended by
  chapter 537 of the laws of 1998, is amended to read as follows:

    10.  one  or  more  preparations,  compounds,  mixtures  or substances
  containing concentrated cannabis as defined in [paragraph (a) of] subdi-
  vision four of section thirty-three hundred two  of  the  public  health
  law,  OR SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION THIRTY-THREE OF
  SECTION THIRTY-THREE HUNDRED TWO OF THE  PUBLIC  HEALTH  LAW,  and  said
  preparations,  compounds,  mixtures  or  substances  are of an aggregate
  weight of one ounce or more; or
    S 11. Subdivision 3 of section 220.34 of the penal law, as amended  by
  chapter 537 of the laws of 1998, is amended 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
  SYNTHETIC  CANNABINOID AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION
  THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW; or
    S 12. This act shall take effect on the ninetieth day after  it  shall
  have  become  a  law; provided, however, that the commissioner of health
  and the division of criminal justice services shall immediately take the
  actions necessary to ensure that the database created by  subdivision  7
  of  section  3308 of the public health law, as added by section seven of
  this act, and the surrender program established by section one  of  this
  act,  shall  become  operational  on  or before such effective date; and
  provided further, that, notwithstanding 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

 A. 9781--A                          5

  regard  to  the  possession  of  synthetic  cannabinoids,  as defined in
  section 3302 of the public health law,  or  substituted  cathinones,  as
  defined  in  section 3306 of the public health law, except that enforce-
  ment  of  such  provisions of the penal law shall be allowed during this
  period with regard to the possession  of  methacathinone,  4-methylmeth-
  cathinone,  methylenedioxypyrovalerone,  and  substances containing more
  than two and one-half percent by weight of delta-9 tetrahydrocannabinol,
  or its isomer, delta-8 dibenzopyran numbering system, or delta-1 tetrah-
  ydrocannabinol or its isomer, delta 1(6) monoterpene  numbering  system;
  and  provided,  further,  that the provisions of section one of this act
  shall expire and be deemed repealed on the ninety-first day  after  such
  effective date.