STATE OF NEW YORK
________________________________________________________________________
10803
IN ASSEMBLY
August 10, 2012
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Braunstein)
-- read once and referred to the Committee on Health
AN ACT to establish a substituted cathinone surrender program; to amend
the public health law, in relation to controlled substances; to repeal
certain provisions of the public health law, relating to controlled
substances; and providing for the repeal of certain provisions upon
expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. There is hereby established a statewide substituted cathi-
2 none surrender program. Pursuant to this program, for a period of ninety
3 days commencing on the effective date of this section:
4 The department of health shall establish a statewide substituted cath-
5 inone surrender program, in compliance with federal law. The program
6 shall be composed of locations throughout the state, at which individ-
7 uals may anonymously surrender products containing substituted cathi-
8 nones, as defined in section 3306 of the public health law. A surrender
9 of substituted cathinones pursuant to this section shall not constitute
10 a "sale" for the purposes of the penal law.
11 § 2. Paragraph 5 of subdivision (f) of schedule I of section 3306 of
12 the public health law, as amended by chapter 457 of the laws of 2006, is
13 amended to read as follows:
14 (5) [Methcathinone (some other names: 2-(methylamino) - propiophenone;
15 alpha-(methylamino) propiophenone; 2-(methylamino) -1-phenylpropan-
16 1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone,
17 N-methylcathinone, methylcathinone; AL-464; AL-422; AL-463 and UR1432),
18 its salts, optical isomers and salts of optical isomers] Substituted
19 cathinones. Any compound, other than buproprion, that is structurally
20 derived from 2-amino-1-phenyl-1-propanone by modification in any of the
21 following ways:
22 (i) By substitution in the phenyl ring to any extent with alkyl,
23 alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not
24 further substituted in the phenyl ring by one or more other univalent
25 substituents;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16361-01-2
A. 10803 2
1 (ii) By substitution at the 3-position with an alkyl substitutent;
2 (iii) By substitution at the nitrogen atom with alkyl or dialkyl
3 groups, or by inclusion of the nitrogen atom in a cyclic structure.
4 § 3. Paragraphs 9 and 10 of subdivision (f) of schedule I of section
5 3306 of the public health law are REPEALED.
6 § 4. Section 3308 of the public health law is amended by adding a new
7 subdivision 7 to read as follows:
8 7. The commissioner shall, in conjunction with the division of crimi-
9 nal justice services, establish and maintain a database of known substi-
10 tuted cathinones, as defined in section thirty-three hundred six of this
11 title. The database shall be published on the department's website so
12 that consumers, retailers, and law enforcement agencies can access
13 information including, but not limited to:
14 (a) a list of compounds known to belong to the classes of chemicals
15 listed above, and their trade names;
16 (b) a physical description of products known to contain such
17 compounds, and their effects; and
18 (c) a list of the brand names of products known to contain such
19 compounds, and images of their packaging.
20 The website shall include a statement indicating that such information
21 is being provided as a resource for consumers, retailers, and law
22 enforcement; and, due to the nature of the illegal drug trade, such
23 information may not be comprehensive. Neither the department nor the
24 division of criminal justice services shall be liable for any economic
25 harm, personal injury, or death that may result from information
26 included in, or omitted from, the database.
27 § 5. This act shall take effect on the ninetieth day after it shall
28 have become a law; provided, however, that the commissioner of health
29 and the division of criminal justice services shall immediately take the
30 actions necessary to ensure that the database created by subdivision 7
31 of section 3308 of the public health law, as added by section four of
32 this act, and the surrender program established by section one of this
33 act, are operational on such effective date; and provided, further, that
34 the provisions of section one of this act shall expire and be deemed
35 repealed on the ninety-first day after such effective date.
