NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4579
SPONSOR: Clark (MS) TITLE OF BILL: 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 administration of synthetic cannabinoids in certain circum-
stances
PURPOSE: To prohibit the sale or distribution of any product contain-
ing a synthetic cannabinoid and provides a defense for sale in certain
circumstances.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Subdivision 4 of section 3302 of the public
health law, in order to remove the previous attempt at defining synthet-
ic marijuana under the heading of "Concentrated Cannabis".
Section 2 of the bill adds a new subdivision 33 to the public health law
which defines "Synthetic Cannabinoids" by their chemical structure. It
specifically exempts any substance approved for medical use by the FDA.
Section 3 of the bill adds synthetic cannabinoids to Schedule I of
Section 3306 of the public health law.
Section 4 of the bill mandates that the Commissioner of Health establish
and maintain a website database of known synthetic cannabinoids, includ-
ing but not limited to: a list of compounds that belong to the chemical
classes of synthetic cannabinoids, and their trade names; a physical
description of products which contain those compounds, and their
effects; and a list of brand names of products known to contain such
compounds, and images of their packaging. This information is provided
so that consumers, retailers, and law enforcement agencies can access
information regarding synthetic marijuana. The website shall state that
such information may not be comprehensive, and that the division of
criminal justice services nor the department of health shall be liable
for economic harm, injury, or death caused by information included on,
or omitted from, the database.
Section 5-10 of the bill amends the Penal Law to include possession of
synthetic marijuana in amounts of 1/4 oz or more, or 1 oz. or more,
under the crime of Criminal Possession of a Controlled Substance in the
Fifth and Fourth Degree, respectively. It will add the sale of synthetic
cannabinoids to the crime of Criminal Sale of a Controlled Substance in
the Fourth Degree. Finally, it will add a defense for the unknowing sale
or administration of samples of synthetic cannabinoids, if such know-
ledge was not reasonably discoverable, to the Penal Code.
Section 11 of the bill states that the bill will take effect on the
ninetieth day after it has become a law, but establishes a period of 90
days after it has become law in which the penal law with regard to the
possession of synthetic cannabinoids shall not be enforced
EXISTING LAW: New York State Law does not ban the sale or gift of the
herb-like products that contain synthetic cannabinoids often known as
K2, Spike 99, Spice, Yucatan Fire, Genie, Zohai and many others.
JUSTIFICATION: Many recent news reports have brought to light the use
of a legal herblike product that is laced with a synthetic cannabinoid
and being smoked by individuals, including teens, as "synthetic marijua-
na" "fake weed." While producing a marijuana-like high, dangerous side
effects reported include hallucinations, vomiting, agitation, increased
heart rate, elevated blood pressure and other adverse conditions.
This product, known as K2, Spike 99, Spice, Yucatan Fire, Genie or Zohai
and many others, can often be legally purchased in head shops, smoke
shops, tobacco shop, corner stores 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 and on average sells for $30 to
$40 per three gram bag. This price is comparable to what an individual
would pay on the street for the illegal substance marijuana.
Even more disturbing is that this type of synthetic cannabinoid has
never been tested for safety in humans as it was created for exper-
imental use in animals and cell cultures. In fact, these synthetic
cannabinoids have a chemical structure that is shared with many cancer-
causing agents.
The United States Drug Enforcement Administration (DEA) has issued
intelligence alert bulletins in regard to these substances. In addition,
the chemical compounds outlined in this legislation are on the DEA's
Office of Diversion Control's list of "Drugs and Chemicals of Concern."
While the synthetic ingredients in these herb-like products which mimic
those of the illegal drug marijuana are banned throughout much of
Europe, bans are only beginning to take place in the United States.
Legislation banning these products recently was signed into law in
Kansas making it the first state in the nation to ban this type of
dangerous product. Legislation is also pending in Kentucky, Missouri and
Tennessee as of March 2010.
Recognizing the health risks associated with use of synthetic cannabi-
noids, the State Department of Health has issued an Order for Summary
Action ("Order") prohibiting the sale of substances belonging to the
classes of synthetic cannabinoids identified in this bill. Citing
increased calls to New York State Poison Control centers, and federal
action to prohibit the sale and possession of these dangerous
substances, the Order prohibits retailers from selling such products and
could allow for the imposition of a fine or other civil penalty against
those who violate the Order.
This bill complements the measures taken under the direction of the
Governor by adding synthetic cannabinoids to the CSA. Not only does this
provide for the imposition of criminal sanctions, but also would crimi-
nalize possession of such substances deterring use by law abiding indi-
viduals who may otherwise be unaware of the harmful effects of these
drugs.
LEGISLATIVE HISTORY: None
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law.
