BILL NUMBER:S5401

TITLE OF BILL:  An act to amend the public health law, the penal law
and the general business law, in relation to synthetic cannabinoids,
synthetic cannabinoid analog and substituted cathinones and
prohibiting the production and sale thereof

PURPOSE:  To prohibit the sale and distribution of synthetic
cannabinoids (synthetic marijuana) and substituted cathinones (bath
salts) by adding them to the controlled substance list, The
legislation amends the penal law to include synthetic cannabinoids or
synthetic cannabinoid analog and substituted cathinones Additionally,
this legislation amends the General Business Law to prohibit the sale
of these products based on mislabeling.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds three new subdivisions to Section 3302 of
the Public Health Law.

Subdivision 42 defines synthetic cannabinoids as a chemical compound
that is chemically synthesized Synthetic cannabinoids are chemicals
that have a binding effect on one or more cannabinoid receptors, or
are a chemical isomer, salt or salt of an isomer of a compound that
has demonstrated to have a binding activity at one or more cannabinoid
receptors Additionally, a synthetic cannabinoid can be defined in
              

regulation by the Commissioner of Health as being a synthetic
cannabinoid.

Subdivision 43 defines synthetic cannabinoid analog as any chemical
that is substantially similar in chemical structure to a chemical
compound that has been determined to have binding activity at one or
more cannabinoid receptors. This definition would not apply to any
products that have been approved for medical use by the United States
Food and Drug Administration.

Subdivision 44 defines substituted cathinones as any chemical compound
that is chemically synthesized and (a) listed in the Schedule I of the
Controlled Substances list or; (b) has been designated in regulation
by the Commissioner of Health as having a chemical structure
derivative of cathinone; or (c) any compound, other than buproprion,
that is structurally derived from 2-amino-Iphenyl-Ipropanone by
modification in any of the following ways: (i) By substitution in the
phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy,
baloalkyl, 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 croups, or by
inclusion of the nitrogen atom in a cyclic structure.

Section 2 of the bill amends Subdivision 5 and 6 of Section 220.00 of
the Penal Law to add substituted cathinones to the definition of
substances listed in the schedule of controlled substances and
synthetic marijuana and synthetic cannabinoid analog to the definition
of marijuana.


Section 3 amends the General Business Law by adding a new Section
399-ff to prohibit the sale of synthetic cannabinoid and substituted
cathinones.

Subdivision 1 - Defines synthetic cannabinoid and substituted
cathinone as previously defined in this legislation.

Subdivision 2 - Prohibits the sale of synthetic cannabinoid or
substituted cathinone or any other substance intended to act as or
advertised as an alternative form of a controlled substance.

Subdivision 3 - Whether a violation of this section has occurred is a
question of law for the court.

Subdivision 4 - If there is a violation of this section, an
application can be made to 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. The
defendant would have not less than 5 days to cease selling the product
after the injunction is issued. If it is determined that the defendant
has violated this section of the law, the penalties for such a
violation is the following: (i) a violation of this section shall be a
penalty of $5,000 for each separate violation; (ii) a violation of the
provisions of this section after being previously convicted of such an
offense within the previous 5 years shall be a Class A Misdemeanor
punishable by a fine of $10,000 for each separate violation; (iii) for
selling to a person under the age of eighteen shall be a Class E
Felony as defined in Penal Law.

JUSTIFICATION:  Synthetic drugs, those that mimic the effects of
banned drugs, have increasingly become a public safety concern
throughout the country.  To circumvent state and federal drug laws,
the manufacturers of synthetic drugs market their products under the
guise of being a commonly used product, such as bath salts or incense.
As a result, a person can purchase these "mislabeled" items at a local
convenience store, smoke shop or on the internet

When smoked or snorted, bath salts produce a reaction similar to what
cocaine produces. Likewise, synthetic cannabinoid ("synthetic
marijuana") produces similar reactions to smoking or ingesting
marijuana. News reports, the medical community and the Poison Control
Center have reported that the users of these products were having
strong psychotic effects as a result of ingesting or smoking the drug,
including extreme paranoia, hallucinations, hypertension and suicidal
thoughts.

Addressing this issue has proven to be a difficult task. As mentioned
earlier, these products are labeled as other products, such as shoe
deodorant, bath salts, or incense. Despite the various state and
federal laws and regulations that have been adopted to combat the sale
and use of these products, synthetic drug manufacturers have been
successful in circumventing the law because the state and federal
governments ban drugs based on the chemical composition of the drug.
Typically, once a chemical compound is banned, manufacturers will
simply alter the drug's chemical composition. To give an example of
how this ban is easily circumvented, one manufacturer and distributor
of incense states on its website that it is DEA compliant.


In 2012, the Commissioner of the Department of Health issued an
Executive Order banning the sale and distribution of certain products
known to be synthetic marijuana. This ban was later expanded to
include products known to be bath salts and other synthetic drugs that
were not included in the original ban. The penalties for using or
selling synthetic drugs include a $500 fine and a fifteen day jail
sentence. Additionally, in July 2012, the federal government banned
certain synthetic marijuana and bath salts compounds.

While action has occurred at the state and federal level, the problem
with synthetic drugs still remain. Makers of these products continue
to alter the chemical composition of these drugs and they continue to
mislabel these products which are sold in stores.

This comprehensive legislation addresses the issue of mislabeling,
chemical compound swapping and implements stricter penalties. In
respect to synthetic cannabinoids, a.k.a. synthetic marijuana, it bans
products that produce the same effect on a person's cannabinoid
receptors and creates penalties for possession in line with marijuana
possession. For substituted cathinones, it bans certain molecular
structures and expands the previous law banning bath salts.
Additionally, it adds it to the controlled substance list and creates
penalties for possession.

One important component of this legislation is that it gives the
Commissioner of the Department of Health broad powers to add synthetic
drugs to the list of prohibited substances without requiring the
Legislature to enact legislation to do so. This allows the
Commissioner the ability to act immediately, if necessary, to add
synthetic drugs to the list of prohibited substances and it eliminates
the need for the Legislature to revisit this issue each time a new
chemical compound is introduced. This is a proactive approach to
addressing the issue of chemical swapping.

Lastly, this legislation addresses the sale of these products in
stores, such as convenience stores and head shops. This part of the
legislation is structured similar to the legislation enacted in
Illinois. It prohibits the sale of synthetic drugs based on
mislabeling. This has been another way that makers and those who sell
these products in their stores circumvent state and federal laws.
Under this legislation, if a person believes that a store is selling
synthetic drugs, they can file a complaint with the Attorney General,
Based on the evidence provided, the Attorney General can act and make
an application to the court requesting a special procedural, to issue
an injunction to stop selling the product. If it is determined by the
court that the store violated the law of mislabeling there are a
series of penalties. For the first violation, the penalty is $5,000
for each separate violation. For any subsequent violations within 5
years, the penalty will be a Class A Misdemeanor punishable by a fine
of $10,000 for each violation. If the store sold the mislabeled
synthetic drag to a minor, the penalty would be a Class E Felony.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: Immediately.