Prohibits sale or distribution of any product containing a synthetic cannabinoid; defines the chemical compounds which constitute a synthetic cannabinoid; imposes a civil penalty of not more than $500 for a violation thereof; creates defenses based on over the counter drugs approved by the federal food and drug administration or lack of knowledge that the product contained a synthetic cannabinoid.

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S1834-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• Mar 14, 2012: ADVANCED TO THIRD READING
• Mar 13, 2012: 2ND REPORT CAL.
• Mar 12, 2012: 1ST REPORT CAL.326
• Mar 7, 2012: PRINT NUMBER 1834A
• Mar 7, 2012: AMEND AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
• Jan 4, 2012: REFERRED TO ALCOHOLISM AND DRUG ABUSE
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• May 9, 2011: referred to economic development
• May 9, 2011: DELIVERED TO ASSEMBLY
• May 9, 2011: PASSED SENATE
• Mar 30, 2011: ADVANCED TO THIRD READING
• Mar 29, 2011: 2ND REPORT CAL.
• Mar 28, 2011: 1ST REPORT CAL.263
• Feb 23, 2011: COMMITTEE DISCHARGED AND COMMITTED TO ALCOHOLISM AND DRUG ABUSE
• Jan 13, 2011: REFERRED TO CONSUMER PROTECTION

S1834-2011 Meetings

Alcoholism and Drug Abuse: Mar 28, 2011

S1834-2011 Calendars

Active List: May 9, 2011 , Floor Calendar: Mar 29, 2011 , Floor Calendar: Mar 30, 2011 , Floor Calendar: Mar 31, 2011 , Floor Calendar: Apr 4, 2011 , Floor Calendar: Apr 5, 2011 , Floor Calendar: Apr 6, 2011 , Floor Calendar: Apr 11, 2011 , Floor Calendar: Apr 12, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011

S1834-2011 Votes

S1834-2011 Memo

BILL NUMBER:S1834

TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting
the sale or distribution of products containing a synthetic
cannabinoid

PURPOSE:
To prohibit the sale or distribution of any product containing a
synthetic cannabinoid.

SUMMARY OF PROVISIONS:
Section One - The General Business Law is amended by adding a new
section 391-q to define a "synthetic cannabinoid" and prohibits the
sale, offering or gift of any products containing such.  Sets forth a
civil penalty for violations of this section. Creates a defense for
persons who unknowingly sell, offer or give away products containing a
synthetic cannabinoid if such knowledge was not reasonably
discoverable.

Section Two - Sets forth the effective date.

EXISTING LAW:
New York State Law does not ban the sale or gift of the herb-like
products that contain synthetic cannabinoids often known as K2, Spike
99, Spice, Yucatan Fire, Genie, Zohai and many others.

JUSTIFICATION:
Many recent news reports have brought to light the use of a legal
herb-like product that is laced with a synthetic cannabinoid that is
being smoked by individuals, including teens, as "fake weed." While
producing a marijuana-like high, dangerous side effects reported
include hallucinations, vomiting, agitation, increased heart rate,
elevated blood pressure and other adverse conditions.

This product, known as K2, Spike 99, Spice, Yucatan Fire, Genie or
Zohai and many others, can often be legally purchased in head shops,
smoke shops, tobacco shops or novelty shops. It can also be legally
purchased by mail or on the Internet. In fact, the product is often
marketed as incense or potpourri and on average sells for $30 to $40
per three gram bag. This price is comparable to what an individual
would pay on the street for the illegal substance marijuana.

Even more disturbing is that this type of synthetic cannabinoid has
never been tested for safety in humans as it was created for
experimental use in animals and cell cultures. In fact, these
synthetic cannabinoids have a chemical structure that is shared with
many cancer-causing agents.

The United States Drug Enforcement Administration (DEA) has issued
intelligence alert bulletins in regard to these substances. In
addition, the chemical compounds outlined in this legislation are on
the DEA's Office of Diversion Control's list of "Drugs and Chemicals
of Concern."


While the synthetic ingredients in these herb-like products which
mimic those of the illegal drug marijuana are banned throughout much
of Europe, bans are only beginning to take place in the United States.
Legislation banning these products recently was signed into law in
Kansas making it the first state in the nation to ban this type of
dangerous product. Legislation is also pending in Kentucky, Missouri
and Tennessee as of March 2010.

LEGISLATIVE HISTORY:
2010:  S.7081A - Reported out of Consumer Protection; Committed to
Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

S1834-2011 Text

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

                                    1834

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 13, 2011
                                 ___________

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

  AN ACT to amend the general business law, in relation to prohibiting the
    sale or distribution of products containing a synthetic cannabinoid

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


    Section 1. The general business law is amended by adding a new section
  391-r to read as follows:

    S  391-R.  SALE  OR  DISTRIBUTION  OF  PRODUCTS CONTAINING A SYNTHETIC
  CANNABINOID. 1. FOR THE PURPOSES OF THIS  SECTION,  "SYNTHETIC  CANNABI-
  NOID" SHALL MEAN ANY OF THE FOLLOWING CHEMICAL COMPOUNDS:

    (A)   CP   47.497   AND   HOMOLOGUES:  2-[(1R,3S)-3-HYDROXYCYCLOHEXYL]
  -5-(2-METHYLOCTAN-2-YL)PHENOL);
    (B) HU-210: [(6AR,  10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-  (2-METHY-
  LOCTAN-2-YL)-6A,7,10, 10A-TETRAHYDROBENZO[C] CHROMEN-1-OL)];
    (C)     HU-211:     (DEXANABINOL,     (6AS,    10AS)-9-(HYDROXYMETHYL)
  -6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-6A,7,10,     10A-TETRAHYDROBENZO[C]
  CHROMEN-1-OL);
    (D) JWH-O18: 1-PENTYL-3-(1-NAPHTHOYL)INDOLE; OR
    (E) JWH-O73: 1-BUTYL-3-(1-NAPHTHOYL)INDOLE.
    2.    NO  PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
  LIABILITY COMPANY OR OTHER ENTITY SHALL SELL,  OFFER  TO  SELL  OR  GIVE
  AWAY,  AS  EITHER  A  RETAIL  OR WHOLESALE PROMOTION, ANY PRODUCT, WHICH
  CONTAINS A SYNTHETIC CANNABINOID, WHICH MAY ALSO BE REFERRED TO  AS  K2,
  SPIKE  99,  YUCATAN FIRE, SPICE, GENIE OR ZOHAI, EXCEPT AS AUTHORIZED BY
  SUBDIVISION THREE OF THIS SECTION.
    3.  NOTHING  IN  THIS   SECTION   SHALL   APPLY   TO   NONPRESCRIPTION
  OVER-THE-COUNTER  DRUGS  APPROVED  OR  REGULATED BY THE FEDERAL FOOD AND
  DRUG ADMINISTRATION.
    4. ANY PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
  LIABILITY  COMPANY  OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF THIS

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06205-01-1

 S. 1834                             2

  SECTION BY SELLING, OFFERING TO SELL OR GIVING AWAY AS EITHER  A  RETAIL
  OR  WHOLESALE  PROMOTION ANY PRODUCT WHICH CONTAINS A SYNTHETIC CANNABI-
  NOID, SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE  HUNDRED
  DOLLARS  PER  VIOLATION,  RECOVERABLE  IN  AN  ACTION BY ANY ENFORCEMENT
  AUTHORITY DESIGNATED BY A MUNICIPALITY OR POLITICAL SUBDIVISION  OF  THE
  STATE.
    5.  IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION, PARTNER-
  SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR OTHER ENTITY THAT  SOLD,
  OFFERED  FOR SALE OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION
  ANY PRODUCT WHICH CONTAINS A SYNTHETIC CANNABINOID, DID NOT  HAVE  KNOW-
  LEDGE  THAT IT WAS A PRODUCT CONTAINING A SYNTHETIC CANNABINOID, IF SUCH
  KNOWLEDGE WAS NOT REASONABLY DISCOVERABLE.
    S 2. This act shall take effect on the sixtieth  day  after  it  shall
  have become a law.