S. 2836--A 2
(b) a material, preparation, mixture, compound or other substance
which contains more than two and one-half percent by weight of delta-9
tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering
system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
terpene numbering system].
S 3. Section 3302 of the public health law is amended by adding a new
subdivision 44 to read as follows:
44. "SYNTHETIC CANNABINOID" MEANS ANY CHEMICAL COMPOUND THAT IS A
CANNABINOID RECEPTOR AGONIST AND INCLUDES, BUT IS NOT LIMITED TO ANY
MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT IS NOT APPROVED BY THE
FEDERAL FOOD AND DRUG ADMINISTRATION (FDA), AND CONTAINS ANY QUANTITY OF
THE FOLLOWING SUBSTANCES, THEIR SALTS, ISOMERS (WHETHER OPTICAL, POSI-
TIONAL, OR GEOMETRIC), HOMOLOGUES (ANALOGS), AND SALTS OF ISOMERS AND
HOMOLOGUES (ANALOGS), UNLESS SPECIFICALLY EXEMPTED, WHENEVER THE EXIST-
ENCE OF THESE SALTS, ISOMERS, HOMOLOGUES (ANALOGS), AND SALTS OF ISOMERS
AND HOMOLOGUES (ANALOGS) IS POSSIBLE WITHIN THE SPECIFIC CHEMICAL DESIG-
NATION:
(A) TETRAHYDROCANNABINOLS, NAPHTHOYLINDOLES, NAPHTHYLMETHYLINDOLES,
NAPHTHOYLPYRROLES, NAPHTHYLIDENEINDENES, PHENYLACETYLINDOLES, CYCLOHEX-
YLPHENOLS, BENZOYLINDOLES, OR ADAMANTOYLINDOLES, AS DEFINED IN SECTION
THIRTY-THREE HUNDRED SIX OF THIS TITLE;
(B) (6AR, 10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-
6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (HU-210);
(C) (6AS, 10AS)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-
6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (DEXANABINOL OR HU-211); OR
(D) 2,3-DIHYDRO-5-METHYL-3-(4-MORPHOLINYLMETHYL)PYRROLO{1,2,3-DE}-1,
4-BENZOXAZIN-6-Y1-1-NAPHTHALENYLMETHANONE (WIN 55,212-2).
S 4. Subdivision (d) of schedule I of section 3306 of the public
health law is amended by adding eleven new paragraphs 33, 34, 35, 36,
37, 38, 39, 40, 41, 42 and 43 to read as follows:
(33) NAPHTHOYLINDOLES. ANY COMPOUND CONTAINING A 3-(1-NAPHTHOYL)INDOLE
STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE RING BY
AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLMETHYL, CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER OR NOT FURTHER SUBSTITUTED IN THE INDOLE RING TO ANY EXTENT AND
WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL RING TO ANY EXTENT.
(34) NAPHTHYLMETHYLINDOLES. ANY COMPOUND CONTAINING A
H-INDOL-3-YL-(1-NAPHTHYL)METHANE STRUCTURE WITH SUBSTITUTION AT THE
NITROGEN ATOM OF THE INDOLE RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLO-
ALKYLMETHYL, CYCLOALKYLETHYL, 1-(N-METHYL-2-PIPERIDINYL)METHYL OR
2-(4-MORPHOLINYL)ETHYL GROUP, WHETHER OR NOT FURTHER SUBSTITUTED IN THE
INDOLE RING TO ANY EXTENT AND WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL
RING TO ANY EXTENT.
(35) NAPHTHOYLPYRROLES. ANY COMPOUND CONTAINING A
3-(1-NAPHTHOYL)PYRROLE STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM
OF THE PYRROLE RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLMETHYL,
CYCLOALKYLETHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETHER OR NOT FURTHER
SUBSTITUTED IN THE PYRROLE RING TO ANY EXTENT AND WHETHER OR NOT SUBSTI-
TUTED IN THE NAPHTHYL RING TO ANY EXTENT.
(36) NAPHTHYLIDENEINDENES. ANY COMPOUND CONTAINING A NAPHTHYLIDENEIN-
DENE STRUCTURE WITH SUBSTITUTION AT THE 3-POSITION OF THE INDENE RING BY
AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLMETHYL, CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER OR NOT FURTHER SUBSTITUTED IN THE INDENE RING TO ANY EXTENT AND
WHETHER OR NOT SUBSTITUTED IN THE NAPHTHYL RING TO ANY EXTENT.
S. 2836--A 3
(37) PHENYLACETYLINDOLES. ANY COMPOUND CONTAINING A 3-PHENYLACETYLIN-
DOLE STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE RING
BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLMETHYL, CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER OR NOT FURTHER SUBSTITUTED IN THE INDOLE RING TO ANY EXTENT AND
WHETHER OR NOT SUBSTITUTED IN THE PHENYL RING TO ANY EXTENT.
(38) CYCLOHEXYLPHENOLS. ANY COMPOUND CONTAINING A
2-(3-HYDROXYCYCLOHEXYL)PHENOL STRUCTURE WITH SUBSTITUTION AT THE 5-POSI-
TION OF THE PHENOLIC RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLME-
THYL, CYCLOALKYLETHYL, 1-(N-METHYL-2-PIPERIDINYL)METHYL OR
2-(4-MORPHOLINYL)ETHYL GROUP, WHETHER OR NOT SUBSTITUTED IN THE CYCLO-
HEXYL RING TO ANY EXTENT.
(39) BENZOYLINDOLES. ANY COMPOUND CONTAINING A 3-(BENZOYL)INDOLE
STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE RING BY
AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLMETHYL, CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERIDINYL)METHYL OR 2-(4-MORPHOLINYL)ETHYL GROUP, WHETH-
ER OR NOT FURTHER SUBSTITUTED IN THE INDOLE RING TO ANY EXTENT AND
WHETHER OR NOT SUBSTITUTED IN THE PHENYL RING TO ANY EXTENT.
(40) ADAMANTOYLINDOLES. ANY COMPOUND CONTAINING A 3-(1-ADAMANTOYL)
INDOLE STRUCTURE WITH SUBSTITUTION AT THE NITROGEN ATOM OF THE INDOLE
RING BY AN ALKYL, HALOALKYL, ALKENYL, CYCLOALKYLMETHYL, CYCLOALKYLETHYL,
1-(N-METHYL-2-PIPERINDINYL)METHYL, OR 2-(4-MORPHOLINYL)ETHYL GROUP,
WHETHER OR NOT FURTHER SUBSTITUTED IN THE ADAMANTYL RING SYSTEM TO ANY
EXTENT.
(41) (6AR,10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)
-6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (HU-210).
(42) (6AS,10AS)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)
-6A,7,10,10A-TETRAHYDROBENZO{C}CHROMEN-1-OL (DEXANABINOL OR HU-211).
(43) 2,3-DIHYDRO-5-METHYL-3-(4-MORPHOLINYLMETHYL)PYRROLO{1,2,3-DE}-1,
4-BENZOXAZIN-6-YL-1-NAPHTHALENYLMETHANONE (WIN 55,212-2).
S 5. Section 3308 of the public health law is amended by adding a new
subdivision 7 to read as follows:
7. THE COMMISSIONER SHALL, IN CONJUNCTION WITH THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES, ESTABLISH AND MAINTAIN A DATABASE OF KNOWN
SYNTHETIC CANNABINOIDS, AS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO
OF THIS TITLE, AND SUBSTITUTED CATHINONES, AS DEFINED IN SECTION THIR-
TY-THREE HUNDRED SIX OF THIS TITLE. THE DATABASE SHALL BE PUBLISHED ON
THE DEPARTMENT'S WEBSITE SO THAT CONSUMERS, RETAILERS, AND LAW ENFORCE-
MENT AGENCIES CAN ACCESS INFORMATION INCLUDING, BUT NOT LIMITED TO:
(A) A LIST OF COMPOUNDS KNOWN TO BELONG TO THE CLASSES OF CHEMICALS
LISTED ABOVE, AND THEIR TRADE NAMES;
(B) A PHYSICAL DESCRIPTION OF PRODUCTS KNOWN TO CONTAIN SUCH
COMPOUNDS, AND THEIR EFFECTS; AND
(C) A LIST OF THE BRAND NAMES OF PRODUCTS KNOWN TO CONTAIN SUCH
COMPOUNDS, AND IMAGES OF THEIR PACKAGING.
THE WEBSITE SHALL INCLUDE A STATEMENT INDICATING THAT SUCH INFORMATION
IS BEING PROVIDED AS A RESOURCE FOR CONSUMERS, RETAILERS, AND LAW
ENFORCEMENT; AND, DUE TO THE NATURE OF THE ILLEGAL DRUG TRADE, SUCH
INFORMATION MAY NOT BE COMPREHENSIVE. NEITHER THE DEPARTMENT NOR THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL BE LIABLE FOR ANY ECONOMIC
HARM, PERSONAL INJURY, OR DEATH THAT MAY RESULT FROM INFORMATION
INCLUDED IN, OR OMITTED FROM, THE DATABASE.
S 6. The commissioner of health shall make any rules and regulations
necessary to effectuate the provisions of this act, its purpose and
intent pursuant to section 3308 of the public health law.
S. 2836--A 4
S 7. Subdivisions 5, 6 and 10 of section 220.00 of the penal law,
subdivision 5 as amended by chapter 537 of the laws of 1998, subdivision
6 as amended by chapter 1051 of the laws of 1973 and subdivision 10 as
amended by chapter 664 of the laws of 1985, are amended to read as
follows:
5. "Controlled substance" means any substance listed in schedule I,
II, III, IV or V of section thirty-three hundred six of the public
health law other than marihuana, but including concentrated cannabis as
defined in [paragraph (a) of] subdivision four, AND SYNTHETIC CANNABI-
NOID AS DEFINED IN SUBDIVISION FORTY-FOUR, of section thirty-three
hundred two of such law.
6. "Marihuana" means "marihuana[" or]," "concentrated cannabis," OR
"SYNTHETIC CANNABINOID" as those terms are defined in section thirty-
three hundred two of the public health law.
10. "Hallucinogenic substance" means any controlled substance listed
in schedule I(d) other than concentrated cannabis, SYNTHETIC CANNABI-
NOIDS, lysergic acid diethylamide, or an hallucinogen.
S 8. Subdivision 4 of section 220.06 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
4. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in [paragraph (a) of] subdi-
vision four of section thirty-three hundred two of the public health
law, OR SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION FORTY-FOUR OF
SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW, and said
preparations, compounds, mixtures or substances are of an aggregate
weight of one-fourth ounce or more; or
S 9. Subdivision 10 of section 220.09 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
10. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in [paragraph (a) of] subdi-
vision four of section thirty-three hundred two of the public health
law, OR SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION FORTY-FOUR OF
SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW, and said
preparations, compounds, mixtures or substances are of an aggregate
weight of one ounce or more; or
S 10. Subdivision 3 of section 220.34 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
3. concentrated cannabis as defined in [paragraph (a) of] subdivision
four of section thirty-three hundred two of the public health law, OR
SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION FORTY-FOUR OF SECTION
THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW; or
S 11. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the commissioner of health
and the division of criminal justice services shall immediately take the
actions necessary to ensure that the database created by subdivision 7
of section 3308 of the public health law, as added by section five of
this act, and the surrender program established by section one of this
act, shall become operational on or before such effective date; and
provided further, that, notwithstanding the provisions of any law to the
contrary, for ninety days after this act shall have become law, section
220.03, 220.06, 220.09, 220.16, 220.18, 220.21, 221.05, 221.10, 221.15,
221.20, 221.25 or 221.30 of the penal law shall not be enforced with
regard to the possession of synthetic cannabinoids, as defined in
section 3302 of the public health law, or substituted cathinones, as
defined in section 3306 of the public health law, except that enforce-
ment of such provisions of the penal law shall be allowed during this
S. 2836--A 5
period with regard to the possession of methacathinone, 4-methylmeth-
cathinone, methylenedioxypyrovalerone, and substances containing more
than two and one-half percent by weight of delta-9 tetrahydrocannabinol,
or its isomer, delta-8 dibenzopyran numbering system, or delta-1 tetrah-
ydrocannabinol or its isomer, delta 1(6) monoterpene numbering system;
and provided, further, that the provisions of section one of this act
shall expire and be deemed repealed on the ninety-first day after such
effective date.
