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.
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-s 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.
STATE OF NEW YORK ________________________________________________________________________ 1834--A 2011-2012 Regular Sessions IN SENATE January 13, 2011 ___________Introduced by Sens. FLANAGAN, AVELLA, DeFRANCISCO, GOLDEN, KENNEDY, LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- recommitted to the Committee on Alcoholism and Drug Abuse in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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-s to read as follows: S 391-S. 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) HU-211: (DEXANABINOL, (6AS, 10AS)-9-(HYDROXYMETHYL) -6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-6A,7,10, 10A-TETRAHYDROBENZO [C]CHROMEN-1-OL)] [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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06205-02-2 S. 1834--A 2
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 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.