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[; 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. 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.
LBD06687-01-3
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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:
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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.
