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S05401 Summary:

BILL NOS05401
 
SAME ASSAME AS A06971
 
SPONSORRITCHIE
 
COSPNSRBALL, KENNEDY, LATIMER, VALESKY
 
MLTSPNSR
 
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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S05401 Text:



 
                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.

                                                                   LBD04867-05-3

        S. 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,  an

        S. 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.
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