|SAME AS||No same as|
|COSPNSR||Colton, Titus, Finch, Barrett, Ra, Sweeney, McDonough, Thiele, Cusick, Gunther, Goodell, Nolan, Roberts, Scarborough, Schimel, Cook|
|MLTSPNSR||Arroyo, Barclay, Crouch, McLaughlin|
|Amd SS3302, 3306 & 3308, Pub Health L; amd SS220.00, 220.06, 220.09 & 220.34, add S220.79, Pen L|
|Prohibits sale of synthetic marijuana and provides defense for sale in certain circumstances.|
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STATE OF NEW YORK ________________________________________________________________________ 2866 2013-2014 Regular Sessions IN ASSEMBLY January 18, 2013 ___________ Introduced by M. of A. CLARK, COLTON, TITUS, FINCH, BARRETT, RA, SWEE- NEY, McDONOUGH, THIELE, CUSICK, GUNTHER, GOODELL, NOLAN, ROBERTS, SCARBOROUGH, SCHIMEL, COOK -- Multi-Sponsored by -- M. of A. ARROYO, BARCLAY, CROUCH, JORDAN, LOSQUADRO, McLAUGHLIN -- read once and referred to the Committee on Health AN ACT to amend the public health law and the penal law, in relation to controlled substances and to provide a defense for sale or adminis- tration of synthetic cannabinoids in certain circumstances The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 3302 of the public health law, as 2 added by chapter 878 of the laws of 1972 and as renumbered by chapter 3 537 of the laws of 1998, is amended to read as follows: 4 4. "Concentrated Cannabis" means 5 [ (a)] the separated resin, whether crude or purified, obtained from a 6 plant of the genus Cannabis[ ; or7 (b) a material, preparation, mixture, compound or other substance8 which contains more than two and one-half percent by weight of delta-99 tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering10 system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-11 terpene numbering system]. 12 § 2. Subdivisions 33, 34, 35, 36, 37, 38, 39, 40 and 41 of section 13 3302 of the public health law are renumbered subdivisions 34, 35, 36, 14 37, 38, 39, 40, 41 and 42 and a new subdivision 33 is added to read as 15 follows: 16 33. "Synthetic cannabinoid" means any material, compound, mixture or 17 preparation containing any quantity of: 18 (a) CP 47,497 and homologues: 2-5-(2-methyloctan-2-yl)phenol; 19 (b) HU-210; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06687-01-3A. 2866 2 1 (c) HU-211: (dexanabinol, (6aS, 10aS)-9-(hydroxymethyl) 2 -6,6-dimethyl-3- (2-methyloctan-2-yl)-6a,7,10, 10a-tetrahydrobenzo chro- 3 men-1-ol); 4 (d) JWH-o18: 1-Pentyl-3-(1-naphthoyl)indole; or 5 (e) JWH-o73: 1-Butyl-3-(1-naphthoyl)indole. 6 It does not include any products that have been approved for medical 7 use by the United States Food and Drug Administration. 8 § 3. Subdivision (d) of schedule I of section 3306 of the public 9 health law is amended by adding five new paragraphs 33, 34, 35, 36 and 10 37 to read as follows: 11 (33) CP 47,497 and homologues: 2-5-(2-methyloctan-2-yl)phenol. 12 (34) HU-210. 13 (35) HU-211: (dexanabinol, (6aS, 10aS)-9-(hydroxymethyl) -6,6-dimethyl 14 -3-(2-methyloctan-2-yl)-6a,7,10, 10a-tetrahydrobenzo chromen-1-ol). 15 (36) JWH-o18: 1-Pentyl-3-(1-naphthoyl)indole. 16 (37) JWH-o73: 1-Butyl-3-(1-naphthoyl)indole. 17 § 4. Section 3308 of the public health law is amended by adding a new 18 subdivision 7 to read as follows: 19 7. The commissioner shall, in conjunction with the division of crimi- 20 nal justice services, establish and maintain a database of known 21 synthetic cannabinoids, as defined in section thirty-three hundred two 22 of this title. The database shall be published on the department's 23 website so that consumers, retailers, and law enforcement agencies can 24 access information including, but not limited to: 25 (a) a list of compounds known to belong to the classes of chemicals 26 listed above, and their trade names; 27 (b) a physical description of products known to contain such 28 compounds, and their effects; and 29 (c) a list of the brand names of products known to contain such 30 compounds, and images of their packaging. 31 The website shall include a statement indicating that such information 32 is being provided as a resource for consumers, retailers, and law 33 enforcement; and, due to the nature of the illegal drug trade, such 34 information may not be comprehensive. Neither the department nor the 35 division of criminal justice services shall be liable for any economic 36 harm, personal injury, or death that may result from information 37 included in, or omitted from, the database. 38 § 5. Subdivisions 5, 6 and 10 of section 220.00 of the penal law, 39 subdivision 5 as amended by chapter 537 of the laws of 1998, subdivision 40 6 as amended by chapter 1051 of the laws of 1973 and subdivision 10 as 41 amended by chapter 664 of the laws of 1985, are amended to read as 42 follows: 43 5. "Controlled substance" means any substance listed in schedule I, 44 II, III, IV or V of section thirty-three hundred six of the public 45 health law other than marihuana, but including concentrated cannabis as 46 defined in [ paragraph (a) of] subdivision four, and synthetic cannabi- 47 noid as defined in subdivision thirty-three, of section thirty-three 48 hundred two of such law. 49 6. "Marihuana" means "marihuana[ " or]," "concentrated cannabis" or 50 "synthetic cannabinoid" as those terms are defined in section thirty- 51 three hundred two of the public health law. 52 10. "Hallucinogenic substance" means any controlled substance listed 53 in schedule I(d) other than concentrated cannabis, synthetic cannabi- 54 noids, lysergic acid diethylamide, or an hallucinogen. 55 § 6. Subdivision 4 of section 220.06 of the penal law, as amended by 56 chapter 537 of the laws of 1998, is amended to read as follows:A. 2866 3 1 4. one or more preparations, compounds, mixtures or substances 2 containing concentrated cannabis as defined in [ paragraph (a) of] subdi- 3 vision four of section thirty-three hundred two of the public health 4 law, or synthetic cannabinoid as defined in subdivision thirty-three of 5 section thirty-three hundred two of the public health law, and said 6 preparations, compounds, mixtures or substances are of an aggregate 7 weight of one-fourth ounce or more; or 8 § 7. Subdivision 10 of section 220.09 of the penal law, as amended by 9 chapter 537 of the laws of 1998, is amended to read as follows: 10 10. one or more preparations, compounds, mixtures or substances 11 containing concentrated cannabis as defined in [ paragraph (a) of] subdi- 12 vision four of section thirty-three hundred two of the public health 13 law, or synthetic cannabinoid as defined in subdivision thirty-three of 14 section thirty-three hundred two of the public health law, and said 15 preparations, compounds, mixtures or substances are of an aggregate 16 weight of one ounce or more; or 17 § 8. Subdivision 3 of section 220.34 of the penal law, as amended by 18 chapter 537 of the laws of 1998, is amended to read as follows: 19 3. concentrated cannabis as defined in [ paragraph (a) of] subdivision 20 four of section thirty-three hundred two of the public health law, or 21 synthetic cannabinoid as defined in subdivision thirty-three of section 22 thirty-three hundred two of the public health law; or 23 § 9. The penal law is amended by adding a new section 220.79 to read 24 as follows: 25 § 220.79 Defense for sale or administration of samples of synthetic 26 cannabinoid. 27 It shall be a defense that any person, firm, corporation, partnership, 28 association, limited liability company or other entity that sold, 29 offered for sale or gave away as either a retail or wholesale promotion 30 any product which contains a synthetic cannabinoid, did not have know- 31 ledge that it was a product containing a synthetic cannabinoid, if such 32 knowledge was not reasonably discoverable. 33 § 10. This act shall take effect on the ninetieth day after it shall 34 have become a law; provided, however, that the commissioner of health 35 and the division of criminal justice services shall immediately take the 36 actions necessary to ensure that the database created by subdivision 7 37 of section 3308 of the public health law, as added by section four of 38 this act is established and maintained in accordance with such subdivi- 39 sion, and provided further, that, notwithstanding the provisions of any 40 law to the contrary, for ninety days after this act shall have become 41 law, section 220.03, 220.06, 220.09, 220.16, 220.18, 220.21, 221.05, 42 221.10, 221.15, 221.20, 221.25 or 221.30 of the penal law shall not be 43 enforced with regard to the possession of synthetic cannabinoids, as 44 defined in section 3302 of the public health law.