BILL NUMBER:S5379

TITLE OF BILL:  An act to amend the public health law and the penal
law, in relation to synthetic cannabinoids

PURPOSE:

To prohibit the sale and distribution of chemical compounds that mimic
the effects of marijuana by adding them to the controlled substance
list. This bill would also amend the penal law to include synthetic
cannabinoids or synthetic cannabinoid analog in the definition of
marijuana.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds two new subdivisions, to Section 3302 of
the Public Health Law.

Subdivision 42 - Defines synthetic cannabinoids as a chemical compound
that is chemically synthesized_ Synthetic cannabinoids are chemicals
that have a binding effect on one or more cannabinoid receptors, or
are a chemical isomer, salt or salt of an isomer of a compound that
has demonstrated to have a binding activity at one or more cannabinoid
receptors.

Subdivision 43 - Synthetic cannabinoid analog is defined as any
              

chemical that is substantially similar in chemical structure to a
chemical compound that has been determined to have binding activity at
one or more cannabinoid receptors. This definition would not apply to
any products that have been approved fox medical use by the United
States Food and Drug Administration.

Section 2 of the bill amends Subdivision 6 of Section 220.00 of the
Penal Law by adding to the definition of marijuana to include
synthetic cannabinoid or synthetic cannabinoid analog.

Section 3 sets forth the effective date.

JUSTIFICATION:

Synthetic drugs, those that mimic the effects of banned drugs, have
increasingly become a public safety concern throughout the country.
To circumvent state and federal drug laws, the manufacturers of these
synthetic drugs market their products under the guise of being a
commonly used product, such as bath salts or incense. As a result, a
person can purchase these items at a local convenience store, smoke
shop or on the internet.

News reports and the medical community reported that the users of
these Products were having strong psychotic effects as a result of
ingesting or smoking the drug, including extreme paranoia,
hallucinations, hypertension, suicidal thoughts and in some cases
death.

Synthetic cannabinoids were developed by former Clemson Professor of
organic chemistry, John William Huffman, Funded through the National
Institute of Health, Professor Huffman and his team researched and


began developing cannabinoid compounds to aid in the treatment of
multiple sclerosis, AIDS and chemotherapy. His research developed over
450 synthetic cannabinoid compounds - all which mimicked the after
effect of how "cannabinoid receptors" react when smoking or ingesting
marijuana.

His formula was published in the Journal of Bioorganic and Medicinal
Chemistry and it didn't take long for underground chemists to begin
creating their own compounds for sale.

There have been recent actions to combat the use of synthetic drugs.
In March 2012, an Executive Order was issued banning the sale or
distribution of Products containing synthetic cannabinoids. The
Executive Order applied a civil penalty for non-compliance by
businesses. In August, the New York State Department of Health issued
new regulations making it illegal to possess certain bath salts and
synthetic drugs. Penalties under the new regulation include a fine up
to $500 and/or a fifteen day jail sentence for those caught using or
selling synthetic drugs.

Additionally, in July, the Federal Government banned several popular
types of synthetic marijuana and bath salts in the Food and Drug
Safety and Innovation Act.

Despite these various actions taken at the federal, state, and in some
instances, at the local level, enforcing these bans have proven
difficult due to manufacturers' ability to alter chemical compounds
and circumvent the law. Shortly after the ban went into effect, it was
reported that stores began selling different types of synthetic drugs
not included in the list of banned products.

Further, this has become a problem for states because banning an item
or putting it on the controlled substance list requires knowing the
chemical compound of such item. With nearly 400 compounds, or more, in
existence this has created challenges for many states, including New
York.

Because of this, states, such as Colorado, have looked at banning
those chemical compounds that produce the same effect on a person's
cannabinoid receptors. This would not ban those products or chemical
compounds that were approved for medical use under the United States
Food and Drug Administration. The Governor of Colorado signed this
legislation into law on June 2, 2011.

This legislation follows the path taken in Colorado. It bans those
products which produce the same effect on a person's cannabinoid
receptors. It defines synthetic cannabinoid as a controlled substance
This legislation excludes those chemical compounds approved by the
FDA. And, it would add synthetic cannabinoids to the definition of
marijuana in the Penal Law. This is a comprehensive and proactive
approach to addressing this issue. It does not wait for the discovery
of a new chemical compound after it reaches the public.

PRIOR LEGISLATIVE HISTORY:

2012: S.6717 - Referred to Health.


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.