S06039 Summary:

BILL NO    S06039A

SAME AS    
SAME AS A08409-A

SPONSOR    KLEIN

COSPNSR    VALESKY

MLTSPNSR   


Amd 3302 & 3306, Pub Health L; amd 220.00, 220.03, 220.06, 220.09,
220.16,
220.34 & 220.39, Pen L


Criminalizes the sale of synthetic cannabinoids.
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S06039 Actions:

BILL NO    S06039A

08/26/2015 REFERRED TO RULES
01/06/2016 REFERRED TO CODES
01/08/2016 AMEND (T) AND RECOMMIT TO CODES
01/08/2016 PRINT NUMBER 6039A
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S06039 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6039--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     August 26, 2015
                                       ___________
 
        Introduced  by  Sens.  KLEIN, VALESKY -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules  --  recom-
          mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 

        AN  ACT to amend the public health law and the penal law, in relation to
          synthetic cannabinoids and synthetic cathinones
 
          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[; or
     7    (b) a material, preparation,  mixture,  compound  or  other  substance
     8  which  contains  more than two and one-half percent by weight of delta-9
     9  tetrahydrocannabinol, or  its  isomer,  delta-8  dibenzopyran  numbering

    10  system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
    11  terpene numbering system].
    12    §  2.  Section  3302 of the public health law is amended by adding two
    13  new subdivisions 44 and 45 to read as follows:
    14    44. "Synthetic cannabinoid" means a substance or substances listed  in
    15  paragraph  thirty-six  of subdivision (d) of schedule I of section thir-
    16  ty-three hundred six of this title.
    17    45. "Synthetic cathinone" means a substance or  substances  listed  in
    18  paragraph  thirty-five of subdivision (f) of schedule I of section thir-
    19  ty-three hundred six of this title.
    20    § 3. Paragraph 21 of subdivision (d) of schedule I of section 3306  of
    21  the  public  health law, as added by chapter 664 of the laws of 1985, is

    22  amended and a new paragraph 36 is added to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11831-02-6

        S. 6039--A                          2
 
     1    (21) Tetrahydrocannabinols. [Synthetic equivalents of  the  substances
     2  contained  in the plant, or in the resinous extractives of cannabis, sp.
     3  and/or synthetic substances, derivatives, and their isomers with similar
     4  chemical structure and pharmacological activity such as the following:
     5    /\1 cis or trans tetrahydrocannabinol, and their optical isomers
     6    /\6 cis or trans tetrahydrocannabinol, and their optical isomers

     7    /\3,  4  cis  or  trans  tetrahydrocannabinol, and its optical isomers
     8  (since nomenclature of these substances is not internationally standard-
     9  ized, compounds of these structures, regardless of numerical designation
    10  of atomic positions covered).]
    11    (36) Synthetic cannabinoids. (i) Unless specifically exempted or list-
    12  ed in another schedule of this section, any material, compound,  mixture
    13  or  preparation which contains any quantity of synthetic cannabinoid, or
    14  which contains any of its salts, isomers (whether optical, positional or
    15  geometric), homologues (analogues), and salts of isomers and  homologues
    16  (analogues),  whenever  the existence of such salts, isomers, homologues

    17  (analogues) and salts of isomers and homologues (analogues) is  possible
    18  within the specific chemical designation.
    19    (ii) For the purposes of this paragraph, "synthetic cannabinoid":
    20    1.  means  any chemical compound that is a cannabinoid receptor type 1
    21  (CB1 receptor) agonist as demonstrated by binding studies and functional
    22  assays within any of the following structural classes:
    23    (A) 2-(3-hydroxycyclohexyl)phenol with substitution at the  5-position
    24  of  the phenolic ring by alkyl or alkenyl, whether or not substituted on
    25  the cyclohexyl ring to any extent.
    26    (B) 3-(1-naphthoyl)indole or  3-(1-naphthylmethane)indole  by  substi-
    27  tution  at  the nitrogen atom of the indole ring, whether or not further

    28  substituted on the indole ring to any extent, whether or not substituted
    29  on the naphthoyl or naphthyl ring to any extent.
    30    (C) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the
    31  pyrrole ring, whether or not further substituted in the pyrrole ring  to
    32  any  extent,  whether  or  not  substituted on the naphthoyl ring to any
    33  extent.
    34    (D) 1-(1-naphthylmethylene)indene by substitution of the 3-position of
    35  the indene ring, whether or not further substituted in the  indene  ring
    36  to  any  extent,  whether or not substituted on the naphthyl ring to any
    37  extent.
    38    (E) 3-phenylacetylindole or 3-benzoylindole  by  substitution  at  the
    39  nitrogen  atom of the indole ring, whether or not further substituted in

    40  the indole ring to any extent, whether or not substituted on the  phenyl
    41  ring to any extent;
    42    2. shall include:
    43    (A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
    44  (CP-47,497).
    45    (B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
    46  (cannabicyclohexanol or CP-47,497 C8-homolog).
    47    (C) 1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678).
    48    (D) 1-butyl-3-(1-naphthoyl)indole (JWH-073).
    49    (E) 1-hexyl-3-(1-naphthoyl)indole (JWH-019).
    50    (F) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200).
    51    (G) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250).
    52    (H) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081).

    53    (I) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122).
    54    (J) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398).
    55    (K) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201).
    56    (L) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694).

        S. 6039--A                          3
 
     1    (M) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4).
     2    (N)   1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole   (SR-18   and
     3  RCS-8).
     4    (O) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
     5    (P)  (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)   metha-
     6  none,  its optical, positional and geometric isomers, salts and salts of
     7  isomers-7144             (Other              names:              UR-144,

     8  1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole).
     9    (Q)
    10  [1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)
    11  methanone,  its  optical,  positional,  and geometric isomers, salts and
    12  salts of isomers-7011  (Other  names:    5-  fluoro-UR-144,  5-F-UR-144,
    13  XLR11, 1- (5-fluoro-pentyl)-3-(2,2,3,3- tetramethylcyclopropoyl)indole).
    14    (R)  N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide,  its optical,
    15  positional, and geometric  isomers,  salts  and  salts  of  isomers-7048
    16  (Other names:  APINACA, AKB48).
    17    (S)       N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-       (cyclohexylme-
    18  thyl)-1H-indazole-3- carboxamide, its optical, positional, and geometric

    19  isomers, salts, and salts of isomers- 7031 (Other names: AB-CHMINACA).
    20    (T) N-(1-amino-3-methyl-1-oxobutan-2-yl)  -1-pentyl-1H-indazole-3-car-
    21  boxamide,  its  optical,  positional,  and geometric isomers, salts, and
    22  salts of isomers-7023 (Other names:  AB-PINACA).
    23    (U)    [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone,
    24  its  optical,  positional,  and  geometric  isomers, salts, and salts of
    25  isomers-7024 (Other names: THJ-2201);
    26    3. shall include synthetic tetrahydrocannabinols, meaning the synthet-
    27  ic equivalents of the substances contained in the cannabis plant, or  in
    28  the  resinous  extractives  of  such plant, and/or synthetic substances,
    29  derivatives, and their isomers with similar chemical structure and phar-

    30  macological activity to those substances contained in the plant, such as
    31  the following:
    32    (A) cis or trans tetrahydrocannabinol, and their optical isomers.
    33    (B) 6 cis or trans tetrahydrocannabinol, and their optical isomers.
    34    (C) 3,4 cis or trans tetrahydrocannabinol, and its optical isomers.
    35    (D) since nomenclature of  these  substances  is  not  internationally
    36  standardized,  compounds  of  these  structures, regardless of numerical
    37  designation of atomic positions covered; and
    38    4. shall include any chemical compound that is a synthetic cannabinoid
    39  designated as  a  controlled  substance  under  the  federal  Controlled
    40  Substances  Act  and regulations adopted pursuant to said Act, including

    41  any permanent and emergency regulations  adopted  by  the  federal  Drug
    42  Enforcement Administration.
    43    §  4.  Subdivision  (f)  of  schedule  I of section 3306 of the public
    44  health law is amended by adding eleven new paragraphs 25,  26,  27,  28,
    45  29, 30, 31, 32, 33, 34 and 35 to read as follows:
    46    (25) 4-methyl-N-ethylcathinone, its optical, positional, and geometric
    47  isomers,   salts   and   salts  of  isomers-1249  (Other  names:  4-MEC;
    48  2-(ethylamino)-1-(4-methylphenyl)propan-1-one).
    49    (26) 4-methyl-alpha-pyrrolidinopropiophenone, its optical, positional,
    50  and geometric isomers, salts and salts  of  isomers-7498  (Other  names:
    51  4-MePPP;         MePPP;         4-methyl-alpha-pyrrolidinopropiophenone;
    52  1-(4-methylphenyl)-2- (pyrrolidin-1-yl)-propan-1-one).

    53    (27)  alpha-pyrrolidinopentiophenone,  its  optical,  positional,  and
    54  geometric  isomers, salts and salts of isomers-7545 (Other names: alpha-
    55  PVP;              alpha-pyrrolidinovalerophenone;              1-phenyl-
    56  2-(pyrrolidin-1-yl)pentan-1-one).

        S. 6039--A                          4
 
     1    (28)  Butylone,  its optical, positional, and geometric isomers, salts
     2  and    salts    of    isomers-    7541    (Other     names:     bk-MBDB;
     3  1-(1,3-benzodioxol-5-yl)-2- (methylamino)butan-1-one).
     4    (29) Pentedrone, its optical, positional, and geometric isomers, salts
     5  and  salts of isomers-1246 (Other names: alpha-methylaminovalerophenone;
     6  2-(methylamino)-1- phenylpentan-1-one).

     7    (30) Pentylone, its optical, positional, and geometric isomers,  salts
     8  and     salts     of    isomers-    7542    (Other    names:    bk-MBDP;
     9  1-(1,3-benzodioxol-5-yl)-2- (methylamino)pentan-1-one).
    10    (31) 4-fluoro-N-methylcathinone, its optical, positional, and  geomet-
    11  ric  isomers,  salts  and  salts  of  isomers-1238  (Other names: 4-FMC;
    12  flephedrone; 1-(4-fluorophenyl)-2-(methylamino)propan-1-one).
    13    (32) 3-fluoro-N-methylcathinone, its optical, positional, and  geomet-
    14  ric  isomers,  salts  and  salts  of  isomers-1233  (Other names: 3-FMC;
    15  1-(3-fluorophenyl)-2-(methylamino)propan- 1-one).
    16    (33) Naphyrone, its optical, positional, and geometric isomers,  salts
    17  and   salts   of   isomers-1258   (Other   names:  naphthylpyrovalerone;

    18  1-(naphthalen-2-yl)-2-(pyrrolidin-1- yl)pentan-1-one).
    19    (34)  Alpha-pyrrolidinobutiophenone,  its  optical,  positional,   and
    20  geometric  isomers, salts and salts of isomers-7546 (Other names: alpha-
    21  PBP; 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one).
    22    (35) Synthetic cathinones. (i) Unless specifically exempted or  listed
    23  in  another  schedule,  any  material,  compound, mixture or preparation
    24  which contains any quantity of synthetic cathinone,  or  which  contains
    25  any of their salts, isomers (whether optical, positional, or geometric),
    26  homologues (analogues), and salts of isomers and homologues (analogues),
    27  whenever  the  existence  of such salts, isomers, homologues (analogues)

    28  and salts of isomers and homologues (analogues) is possible  within  the
    29  specific chemical designation.
    30    (ii) For the purposes of this paragraph, "synthetic cathinone":
    31    1.  means  any substance, except bupropion or compounds listed under a
    32  different    schedule,    that    is    structurally    derived     from
    33  2-aminopropan-1-one  by  substitution  at  the  1-  position with either
    34  phenyl, naphthyl, or thiophene ring systems, whether or not the compound
    35  is further modified in any of the following ways:
    36    (A) by substitution in the ring system to any extent with alkyl, alky-
    37  lenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents,  whether
    38  or  not  further  substituted  in  the  ring system by one or more other

    39  univalent substituents;
    40    (B) by substitution at the 3-position with an  acyclic  alkyl  substi-
    41  tuent;
    42    (C)  by substitution at the 2-amino nitrogen atom with alkyl, dialkyl,
    43  benzyl or methoxybenzyl groups; or
    44    (D) by inclusion of the 2-amino nitrogen atom in a cyclic structure;
    45    2.  means  any   substance   that   is   structurally   derived   from
    46  2-amino-1-phenyl-1-propanone  (cathinone)  by modification in any of the
    47  following ways:
    48    (A) by substitution in the phenyl  ring  to  any  extent  with  alkyl,
    49  alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not
    50  further  substituted  in  the phenyl ring by one or more other univalent
    51  substituents;

    52    (B) by substitution at the 3-position with an alkyl substituent;
    53    (C) by substitution at the  nitrogen  atom  with  alkyl,  dialkyl,  or
    54  benzyl  groups,  or by inclusion of the nitrogen atom in a cyclic struc-
    55  ture;

        S. 6039--A                          5
 
     1    3.  shall include any chemical compound that is a synthetic  cathinone
     2  designated  as  a  controlled  substance  under  the  federal Controlled
     3  Substances Act and regulations adopted pursuant to such  act,  including
     4  any  permanent  and  emergency  regulations  adopted by the federal Drug
     5  Enforcement Administration.
     6    §  5.  Subdivision 5 of section 220.00 of the penal law, as amended by
     7  chapter 537 of the laws of 1998, is amended and a new subdivision 21  is

     8  added to read as follows:
     9    5.  "Controlled  substance"  means any substance listed in schedule I,
    10  II, III, IV or V of section  thirty-three  hundred  six  of  the  public
    11  health  law other than marihuana, but including concentrated cannabis as
    12  defined in [paragraph (a) of] subdivision four of  section  thirty-three
    13  hundred two of such law.
    14    21.  "Knowingly"  for  the  purposes  of  any  offense  involving  the
    15  possession or sale, or the attempt or conspiracy to possess or  sell,  a
    16  synthetic  cannabinoid  or  synthetic cathinone, shall not require know-
    17  ledge by a person of the chemical structure of the substance, but  rath-
    18  er, it is sufficient if:
    19    (a)  the  person  knew  or  should have known that the substance has a

    20  stimulant, depressant or hallucinogenic effect on  the  central  nervous
    21  system  that  is substantially similar to or greater than the stimulant,
    22  depressant or hallucinogenic effect on the central nervous system  of  a
    23  controlled  substance listed in schedule I or II of section thirty-three
    24  hundred six of the public health law; or
    25    (b) the person represented or intended for the  substance  to  have  a
    26  stimulant,  depressant  or  hallucinogenic effect on the central nervous
    27  system that is substantially similar to or greater than  the  stimulant,
    28  depressant  or  hallucinogenic effect on the central nervous system of a
    29  controlled substance listed in schedule I or II of section  thirty-three
    30  hundred six of the public health law.

    31    §  6. Section 220.03 of the penal law, as amended by section 4 of part
    32  I of chapter 57 of the laws of 2015, is amended to read as follows:
    33  § 220.03 Criminal possession of a controlled substance  in  the  seventh
    34             degree.
    35    A person is guilty of criminal possession of a controlled substance in
    36  the  seventh  degree when he or she knowingly and unlawfully possesses a
    37  controlled  substance;  provided,  however,  that  it  shall  not  be  a
    38  violation of this section when a person possesses a residual amount of a
    39  controlled  substance  and that residual amount is in or on a hypodermic
    40  syringe or hypodermic needle obtained and possessed pursuant to  section
    41  thirty-three hundred eighty-one of the public health law, which includes
    42  the  state's  syringe  exchange  and pharmacy and medical provider-based

    43  expanded syringe access programs; nor shall it be a  violation  of  this
    44  section when a person's unlawful possession of a controlled substance is
    45  discovered  as  a  result of seeking immediate health care as defined in
    46  paragraph (b) of subdivision three of section 220.78 of [the penal  law]
    47  this  article,  for either another person or him or herself because such
    48  person is experiencing a drug or alcohol overdose or other life  threat-
    49  ening medical emergency as defined in paragraph (a) of subdivision three
    50  of  section  220.78  of  [the penal law] this article; nor shall it be a
    51  violation of this section when a person possesses less than one ounce of
    52  a controlled substance and that  controlled  substance  is  a  synthetic
    53  cannabinoid  listed in paragraph thirty-six of subdivision (d) of sched-

    54  ule I of section thirty-three hundred six of the public health law.
    55    Criminal possession of a controlled substance in the seventh degree is
    56  a class A misdemeanor.

        S. 6039--A                          6
 
     1    § 7. Subdivision 8 of section 220.06 of the penal  law,  as  added  by
     2  chapter  264  of the laws of 2003, is amended and a new subdivision 9 is
     3  added to read as follows:
     4    8.  one  or  more  preparations,  compounds,  mixtures  or  substances
     5  containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
     6  subdivision (e) of schedule I of section thirty-three hundred six of the
     7  public  health  law,  and  said  preparations,  compounds,  mixtures  or
     8  substances are of an aggregate weight of twenty-eight grams or  more[.];
     9  or

    10    9.  one  or  more  preparations,  compounds,  mixtures  or  substances
    11  containing a synthetic cannabinoid listed  in  paragraph  thirty-six  of
    12  subdivision (d) of schedule I of section thirty-three hundred six of the
    13  public   health  law  and  said  preparations,  compounds,  mixtures  or
    14  substances are of an aggregate weight of one ounce or more.
    15    § 8. Subdivision 15 of section 220.09 of the penal law,  as  added  by
    16  chapter  264 of the laws of 2003, is amended and a new subdivision 16 is
    17  added to read as follows:
    18    15. one  or  more  preparations,  compounds,  mixtures  or  substances
    19  containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
    20  subdivision (e) of schedule I of section thirty-three hundred six of the
    21  public  health  law,  and  said  preparations,  compounds,  mixtures  or

    22  substances  are  of an aggregate weight of two hundred grams or more[.];
    23  or
    24    16. one  or  more  preparations,  compounds,  mixtures  or  substances
    25  containing  a  synthetic  cannabinoid  listed in paragraph thirty-six of
    26  subdivision (d) of schedule I of section thirty-three hundred six of the
    27  public  health  law  and  said  preparations,  compounds,  mixtures   or
    28  substances are of an aggregate weight of four ounces or more.
    29    §  9. Subdivision 13 of section 220.16 of the penal law, as amended by
    30  chapter 75 of the laws of 1995, is amended and a new subdivision  14  is
    31  added to read as follows:
    32    13.  phencyclidine  and  said  phencyclidine  weighs  one thousand two
    33  hundred fifty milligrams or more[.]; or

    34    14. one  or  more  preparations,  compounds,  mixtures  or  substances
    35  containing  a  synthetic  cannabinoid  listed in paragraph thirty-six of
    36  subdivision (d) of schedule I of section thirty-three hundred six of the
    37  public  health  law  and  said  preparations,  compounds,  mixtures   or
    38  substances are of an aggregate weight of ten pounds or more.
    39    §  10. Subdivisions 3 and 9 of section 220.34 of the penal law, subdi-
    40  vision 3 as amended by chapter 537 of the laws of 1998 and subdivision 9
    41  as added by chapter 264 of the laws of  2003,  are  amended  and  a  new
    42  subdivision 10 is added to read as follows:
    43    3.  concentrated cannabis as defined in [paragraph (a) of] subdivision
    44  four of section thirty-three hundred two of the public health law; or

    45    9.  one  or  more  preparations,  compounds,  mixtures  or  substances
    46  containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
    47  subdivision (e) of schedule I of section thirty-three hundred six of the
    48  public  health  law,  and  said  preparations,  compounds,  mixtures  or
    49  substances  are of an aggregate weight of twenty-eight grams or more[.];
    50  or
    51    10. one  or  more  preparations,  compounds,  mixtures  or  substances
    52  containing  a  synthetic  cannabinoid  listed in paragraph thirty-six of
    53  subdivision (d) of schedule I of section thirty-three hundred six of the
    54  public  health  law  and  said  preparations,  compounds,  mixtures   or
    55  substances are of an aggregate weight of one ounce or more.


        S. 6039--A                          7
 
     1    §  11.  Subdivision  9 of section 220.39 of the penal law, as added by
     2  chapter 410 of the laws of 1979, is amended and a new subdivision 10  is
     3  added to read as follows:
     4    9.  a  narcotic  preparation  to  a  person less than twenty-one years
     5  old[.]; or
     6    10. one  or  more  preparations,  compounds,  mixtures  or  substances
     7  containing  a  synthetic  cannabinoid  listed in paragraph thirty-six of
     8  subdivision (d) of schedule I of section thirty-three hundred six of the
     9  public  health  law  and  said  preparations,  compounds,  mixtures   or
    10  substances are of an aggregate weight of sixteen ounces or more.
    11    § 12. This act shall take effect immediately.
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