This bill has been amended

Bill S6694-2011

Establishes a synthetic cannabinoid and substituted cathinone surrender program and relates to controlled substances; repealer

Establishes a synthetic cannabinoid and substituted cathinone surrender program and relates to controlled substances.

Details

Actions

  • Mar 27, 2012: REPORTED AND COMMITTED TO CODES
  • Mar 9, 2012: REFERRED TO HEALTH

Meetings

Votes

VOTE: COMMITTEE VOTE: - Health - Mar 27, 2012
Ayes (13): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Seward, Young, Rivera, Smith, Stewart-Cousins, Peralta
Ayes W/R (3): Duane, Adams, Gianaris
Nays (1): Montgomery

Memo

BILL NUMBER:S6694

TITLE OF BILL: 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 providing for the repeal of certain provisions upon expiration thereof

PURPOSE: To classify synthetic cannabinoids (the herb-like products that contain synthetic cannabinoids often known as K2, Spike 99, Spice, Yucatan Fire, Genie, Zohai and many others) and substituted cathinones (these products, often referred to as "bath salts," are chemically related to methamphetamines and ecstasy - which are both classified as stimulants) as controlled substances under the public health law and the penal law, and to create a Statewide Synthetic Cannabinoid and Substituted Cathinone Amnesty and Surrender Program to allow for surrender of these harmful substances to appropriate authorities.

SUMMARY OF PROVISIONS: Adds synthetic cannabinoids to the Controlled Substances Act (CSA) as seven classes based on foundational chemical structures - which should address the current practice of making minor alterations to chemicals to subvert statutes that prohibit distinct substances. Makes penalties for possession and sale similar to marijuana. These substances are similar to marijuana in how they are used, the neurochemical impact they illicit, and the quantities in which they are sold.

Adds substituted cathinones to the CSA based on foundational chemical structures - which should address the current practice of making minor alterations to chemicals to subvert statutes that prohibit distinct chemicals. A direct reference to "methcathinone" is removed because it fits within the class. Makes penalties for possession and sale similar to other stimulants, because these products often referred to as "bath salts," are chemically related to methamphetamines and ecstasy - which are both classified as stimulants.

Requires provisions to allow for the surrender of these substances during the 90 day period after enactment of the law to the appropriate authorities and requires that a database be maintained to increase awareness of these products and their harmful effects.

EXISTING LAW: Currently, these products are not prohibited under either the public health law or the penal law, despite the harm to the individuals who consume them and the public.

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," as well as the substituted cathinones, known as "bath salts." While producing a high similar to existing controlled substances, these legal substances can have more dangerous side effects reported include hallucinations, vomiting, agitation, increased heart rate, elevated blood pressure and other adverse conditions. It presents a grave risk to public health and safety to allow these to continue to be available to the public.

These products 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 or bath salts.

Many states have already taken action against these substances, including New Jersey and it is past time for New York to act as well.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 90 days after it shall have become a law, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 6694 IN SENATE March 9, 2012 ___________
Introduced by Sens. FLANAGAN, LITTLE, GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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].
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, NAPHTHYLIDENEINDENES, PHENYLACETYLINDOLES, CYCLOHEXYLPHENOLS OR BENZOY- LINDOLES, 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 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, 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) 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. (36) 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. (37) 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. (38) 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.
(39) 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. (40) 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. (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
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 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 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 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 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 such effective date; and provided further, that, notwithstanding the provisions of any law to the contra- ry, for ninety days after this act shall have become law, section 220.03, 220.06, 220.09, 220.16, 220.18, 220.21, 221.10, 221.15, 221.20, 221.25 or 221.30 of the penal law shall not be enforced with 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 enforcement of such provisions of penal law shall be allowed during this period with regard to the possession of methacathinone, 4-methylmethcathinone, methylenedi- oxypyrovalerone, 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 tetrahydrocannabinol 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.

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