|SAME AS||SAME AS A06971|
|COSPNSR||BALL, KENNEDY, LATIMER, VALESKY|
|Amd S3302, Pub Health L; amd S220.00, Pen L; add S399-ff, Gen Bus L|
|Defines the term synthetic cannabinoid, synthetic cannabinoid analog and substituted cathinone and prohibits the production and sale thereof.|
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STATE OF NEW YORK ________________________________________________________________________ 5401 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________ Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, the penal law and the general business law, in relation to synthetic cannabinoids, synthetic canna- binoid analog and substituted cathinones and prohibiting the production and sale thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3302 of the public health law is amended by adding 2 three new subdivisions 42, 43 and 44 to read as follows: 3 42. "Synthetic cannabinoid" means any chemical compound that is chemi- 4 cally synthesized and: 5 (a) has been demonstrated to have a binding activity at one or more 6 cannabinoid receptors; or 7 (b) is a chemical isomer, salt or salt of an isomer of a compound that 8 has been demonstrated to have binding activity at one or more cannabi- 9 noid receptors; or 10 (c) has been designated in regulation by the commissioner as being a 11 synthetic cannabinoid. 12 "Synthetic cannabinoid" does not include any products that have been 13 approved for medical use by the United States Food and Drug Adminis- 14 tration. 15 43. "Synthetic cannabinoid analog" means any chemical that is substan- 16 tially similar in chemical structure to a chemical compound that has 17 been determined to have binding activity at one or more cannabinoid 18 receptors. It does not include any products that have been approved for 19 medical use by the United States Food and Drug Administration. 20 44. "Substituted cathinone" means any chemical compound that is chemi- 21 cally synthesized and: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04867-05-3S. 5401 2 1 (a) is a compound listed in paragraph five, eight or nine of subdivi- 2 sion (f) of Schedule I of section thirty-three hundred six of this arti- 3 cle, or 4 (b) has been designated in regulation by the commissioner as having a 5 chemical structure derivative of cathinone, or 6 (c) any compound, other than buproprion, that is structurally derived 7 from 2-amino-1-phenyl-1-propanone by modification in any of the follow- 8 ing ways: 9 (i) by substitution in the phenyl ring to any extent with alkyl, 10 alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not 11 further substituted in the phenyl ring by one or more other univalent 12 substituents; 13 (ii) by substitution at the three-position with an alkyl substitutent; 14 (iii) by substitution at the nitrogen atom with alkyl or dialkyl 15 groups, or by inclusion of the nitrogen atom in a cyclic structure. 16 § 2. Subdivisions 5 and 6 of section 220.00 of the penal law, subdivi- 17 sion 5 as amended by chapter 537 of the laws of 1998, and subdivision 6 18 as amended by chapter 1051 of the laws of 1973, are amended to read as 19 follows: 20 5. "Controlled substance" means any substance listed in schedule I, 21 II, III, IV or V of section thirty-three hundred six of the public 22 health law other than marihuana, but including concentrated cannabis as 23 defined in paragraph (a) of subdivision four of section thirty-three 24 hundred two of such law, and substituted cathinones as defined in 25 section thirty-three hundred two of the public health law. 26 6. "Marihuana" means "marihuana" [ or], "concentrated cannabis", 27 "synthetic cannabinoid" or "synthetic cannabinoid analog" as those terms 28 are defined in section thirty-three hundred two of the public health 29 law. 30 § 3. The general business law is amended by adding a new section 399- 31 ff to read as follows: 32 § 399-ff. Sale of synthetic cannabinoid and substituted cathinone 33 prohibited. 1. For purposes of this section, "synthetic cannabinoid" 34 means any substance defined by subdivision forty-two or forty-three of 35 section thirty-three hundred two of the public health law and "substi- 36 tuted cathinone" means any substance defined by subdivision forty-four 37 of section thirty-three hundred two of the public health law. 38 2. No person, corporation, partnership or limited liability company 39 shall knowingly sell or offer for sale any form of synthetic cannabi- 40 noid, substituted cathinone or any other substance intended to act as or 41 advertised as an alternative form of a controlled substance. No person, 42 corporation, partnership or limited liability company shall offer any 43 substance for sale where there has been an explicit or implied claim 44 made by the selling party that the substance sold will mimic or approxi- 45 mate the same effects of cannabinoid, synthetic cannabinoid, substituted 46 cathinone or any other substance intended to act as or advertised as an 47 alternative form of a controlled substance. 48 3. Whether a violation of this section has occurred is a question of 49 law for the court. 50 4. Whenever there shall be a violation of this section an application 51 may be made by the attorney general in the name of the people of the 52 state of New York to a court or justice having jurisdiction by a special 53 proceeding to issue an injunction, and upon notice to the defendant of 54 not less than five days, to enjoin and restrain the continuance of such 55 violations; and if it shall appear to the satisfaction of the court or 56 justice that the defendant has, in fact, violated this section, anS. 5401 3 1 injunction may be issued by the court or justice, enjoining and 2 restraining any further violations, without requiring proof that any 3 person has, in fact, been injured or damaged thereby. In any such 4 proceeding, the court may make allowances to the attorney general as 5 provided in paragraph six of subdivision (a) of section eighty-three 6 hundred three of the civil practice law and rules, and direct restitu- 7 tion. A violation of the provisions of this section shall be an offense 8 punishable by a penalty of five thousand dollars for each separate 9 violation. A violation of the provisions of this section after having 10 been previously convicted of such an offense within the previous five 11 years shall be a class A misdemeanor punishable by a fine of ten thou- 12 sand dollars for each separate violation. The penalties for any such 13 violation should be such an illegal sale have been made to a person 14 under the age of eighteen shall be a class E felony as defined in the 15 penal law. 16 § 4. This act shall take effect immediately.