S T A T E   O F   N E W   Y O R K
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                                 5454--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2015
                               ___________

Introduced  by  M.  of A. BARCLAY, OAKS, FINCH, HAWLEY, DUPREY, PALUMBO,
  RAIA, PALMESANO, CORWIN, McLAUGHLIN, KEARNS, WALTER,  STEC  --  Multi-
  Sponsored by -- M. of A. CROUCH, GIGLIO, JOHNS, McDONOUGH, McKEVITT --
  read  once  and  referred  to  the  Committee  on  Health -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law, the penal  law  and  the  general
  business  law, in relation to synthetic cannabinoids, synthetic canna-
  binoid  analog  and  substituted  cathinones   and   prohibiting   the
  production and sale thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3302 of the public health law is amended by  adding
three new subdivisions 44, 45 and 46 to read as follows:
  44. "SYNTHETIC CANNABINOID" MEANS ANY CHEMICAL COMPOUND THAT IS CHEMI-
CALLY SYNTHESIZED AND:
  (A)  HAS  BEEN  DEMONSTRATED TO HAVE A BINDING ACTIVITY AT ONE OR MORE
CANNABINOID RECEPTORS; OR
  (B) IS A CHEMICAL ISOMER, SALT OR SALT OF AN ISOMER OF A COMPOUND THAT
HAS BEEN DEMONSTRATED TO HAVE BINDING ACTIVITY AT ONE OR  MORE  CANNABI-
NOID RECEPTORS; OR
  (C)  HAS  BEEN DESIGNATED IN REGULATION BY THE COMMISSIONER AS BEING A
SYNTHETIC CANNABINOID OR SYNTHETIC CANNABINOID ANALOG.
  "SYNTHETIC CANNABINOID" DOES NOT INCLUDE ANY  PRODUCT  THAT  HAS  BEEN
APPROVED  FOR  MEDICAL  USE  BY THE UNITED STATES FOOD AND DRUG ADMINIS-
TRATION.
  45. "SYNTHETIC CANNABINOID ANALOG" MEANS ANY CHEMICAL THAT IS SUBSTAN-
TIALLY SIMILAR IN CHEMICAL STRUCTURE TO A  CHEMICAL  COMPOUND  THAT  HAS
BEEN  DETERMINED  TO  HAVE  BINDING  ACTIVITY AT ONE OR MORE CANNABINOID
RECEPTORS. IT DOES NOT INCLUDE ANY PRODUCTS THAT HAVE BEEN APPROVED  FOR
MEDICAL USE BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07906-07-5
              

A. 5454--A                          2

  46. "SUBSTITUTED CATHINONE" MEANS ANY CHEMICAL COMPOUND THAT IS CHEMI-
CALLY SYNTHESIZED AND:
  (A)  IS A COMPOUND LISTED IN PARAGRAPH FIVE, EIGHT OR NINE OF SUBDIVI-
SION (F) OF SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS ARTI-
CLE, OR
  (B) HAS BEEN DESIGNATED IN REGULATION BY THE COMMISSIONER AS HAVING  A
CHEMICAL STRUCTURE DERIVATIVE OF CATHINONE, OR
  (C)  ANY COMPOUND, OTHER THAN BUPROPRION, THAT IS STRUCTURALLY DERIVED
FROM 2-AMINO-1-PHENYL-1-PROPANONE BY MODIFICATION IN ANY OF THE  FOLLOW-
ING WAYS:
  (I)  BY  SUBSTITUTION  IN  THE  PHENYL  RING TO ANY EXTENT WITH ALKYL,
ALKOXY, ALKYLENEDIOXY, HALOALKYL, OR HALIDE SUBSTITUENTS, WHETHER OR NOT
FURTHER SUBSTITUTED IN THE PHENYL RING BY ONE OR  MORE  OTHER  UNIVALENT
SUBSTITUENTS;
  (II) BY SUBSTITUTION AT THE THREE-POSITION WITH AN ALKYL SUBSTITUTENT;
  (III)  BY  SUBSTITUTION  AT  THE  NITROGEN  ATOM WITH ALKYL OR DIALKYL
GROUPS, OR BY INCLUSION OF THE NITROGEN ATOM IN A CYCLIC STRUCTURE.
  S 2. Subdivisions 5 and 6 of section 220.00 of the penal law, subdivi-
sion 5 as amended by chapter 537 of the laws of 1998, and subdivision  6
as  amended by  chapter 1051 of the laws of 1973, 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 of section thirty-three
hundred two of such  law,  AND  SUBSTITUTED  CATHINONES  AS  DEFINED  IN
SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW.
  6.   "Marihuana"  means  "marihuana"  [or],  "concentrated  cannabis",
"SYNTHETIC CANNABINOID" OR "SYNTHETIC CANNABINOID ANALOG" as those terms
are defined in section thirty-three hundred two  of  the  public  health
law.
  S  3. The general business law is amended by adding a new section 399-
hh to read as follows:
  S 399-HH. SALE OF SYNTHETIC CANNABINOID, SYNTHETIC CANNABINOID  ANALOG
AND  SUBSTITUTED  CATHINONE PROHIBITED. 1. FOR PURPOSES OF THIS SECTION,
"SYNTHETIC CANNABINOID"  MEANS  ANY  SUBSTANCE  DEFINED  BY  SUBDIVISION
FORTY-FOUR  OR  FORTY-FIVE  OF  SECTION  THIRTY-THREE HUNDRED TWO OF THE
PUBLIC HEALTH  LAW  AND  "SUBSTITUTED  CATHINONE"  MEANS  ANY  SUBSTANCE
DEFINED  BY SUBDIVISION FORTY-SIX OF SECTION THIRTY-THREE HUNDRED TWO OF
THE PUBLIC HEALTH LAW.
  2. NO PERSON, CORPORATION, PARTNERSHIP OR  LIMITED  LIABILITY  COMPANY
SHALL  KNOWINGLY  SELL  OR OFFER FOR SALE ANY FORM OF SYNTHETIC CANNABI-
NOID, SUBSTITUTED CATHINONE OR ANY OTHER SUBSTANCE INTENDED TO ACT AS OR
ADVERTISED AS AN ALTERNATIVE FORM OF A CONTROLLED SUBSTANCE. NO  PERSON,
CORPORATION,  PARTNERSHIP  OR  LIMITED LIABILITY COMPANY SHALL OFFER ANY
SUBSTANCE FOR SALE WHERE THERE HAS BEEN AN  EXPLICIT  OR  IMPLIED  CLAIM
MADE BY THE SELLING PARTY THAT THE SUBSTANCE SOLD WILL MIMIC OR APPROXI-
MATE THE SAME EFFECTS OF CANNABINOID, SYNTHETIC CANNABINOID, SUBSTITUTED
CATHINONE  OR ANY OTHER SUBSTANCE INTENDED TO ACT AS OR ADVERTISED AS AN
ALTERNATIVE FORM OF A CONTROLLED SUBSTANCE.
  3. WHETHER A VIOLATION OF THIS SECTION HAS OCCURRED IS A  QUESTION  OF
LAW FOR THE COURT.
  4.  WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF

A. 5454--A                          3

NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
VIOLATION;  AND  IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
INJUNCTION  MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING AND
RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT  REQUIRING  PROOF  THAT  ANY
PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
PROCEEDING THE COURT MAY MAKE ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS
PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION.  A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE AN OFFENSE
PUNISHABLE BY A PENALTY OF  FIVE  THOUSAND  DOLLARS  FOR  EACH  SEPARATE
VIOLATION.  A  VIOLATION  OF THE PROVISIONS OF THIS SECTION AFTER HAVING
BEEN PREVIOUSLY CONVICTED OF SUCH AN OFFENSE WITHIN  THE  PREVIOUS  FIVE
YEARS  SHALL  BE A CLASS A MISDEMEANOR PUNISHABLE BY A FINE OF TEN THOU-
SAND DOLLARS FOR EACH SEPARATE VIOLATION. THE  PENALTIES  FOR  ANY  SUCH
VIOLATION SHOULD INCLUDE SUCH AN ILLEGAL SALE THAT HAVING BEEN MADE TO A
PERSON UNDER THE AGE OF EIGHTEEN SHALL BE A CLASS E FELONY AS DEFINED IN
THE PENAL LAW.
  S 4. This act shall take effect immediately.