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

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S6694-2011 Actions

• Apr 30, 2012: referred to health
• Apr 30, 2012: DELIVERED TO ASSEMBLY
• Apr 30, 2012: PASSED SENATE
• Apr 25, 2012: ORDERED TO THIRD READING CAL.562
• Apr 25, 2012: REPORTED AND COMMITTED TO RULES
• Apr 18, 2012: REPORTED AND COMMITTED TO FINANCE
• Apr 11, 2012: PRINT NUMBER 6694A
• Apr 11, 2012: AMEND AND RECOMMIT TO CODES
• Mar 27, 2012: REPORTED AND COMMITTED TO CODES
• Mar 9, 2012: REFERRED TO HEALTH

S6694-2011 Meetings

Health: Mar 27, 2012

S6694-2011 Votes

S6694-2011 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.

S6694-2011 Text

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

                                    6694

                              I N  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].

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14796-03-2

 S. 6694                             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,
  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.

 S. 6694                             3

    (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

 S. 6694                             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 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,

 S. 6694                             5

  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.