S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5888

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 10, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the penal law, in relation  to  the  criminalization  of
  selling, using or possessing synthetic drugs

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

  Section 1. The penal law is amended by adding a new section 220.66  to
read as follows:
S 220.66 CRIMINAL  SALE,  USE OR POSSESSION OF SYNTHETIC DRUGS AND OTHER
           SIMILAR COMPOUNDS.
  A PERSON IS GUILTY OF THE CRIMINAL SALE, USE OR POSSESSION OF SYNTHET-
IC DRUGS AND OTHER SIMILAR COMPOUNDS WHEN THEY KNOWINGLY AND  UNLAWFULLY
SELL,  USE AND/OR POSSESS ANY SYNTHETIC DRUG, UNLESS SUCH SYNTHETIC DRUG
HAS BEEN EXPRESSLY PRESCRIBED TO SUCH PERSON BY  A  PHYSICIAN,  PSYCHIA-
TRIST  OR  PERSON  OTHERWISE  DULY  LICENSED AND AUTHORIZED TO PRESCRIBE
MEDICATION WITHIN NEW YORK  STATE,  AND  AT  THE  TIME  OF  THE  ALLEGED
VIOLATION,  THE  PERSON  IN  POSSESSION OF THE SYNTHETIC DRUG IS ABLE TO
PROVIDE WRITTEN PROOF TO THE LAW ENFORCEMENT OFFICER THAT THE  SYNTHETIC
DRUG  WAS SO PRESCRIBED. EACH SUCH VIOLATION SHALL CONSTITUTE A SEPARATE
AND DISTINCT OFFENSE. FOR PURPOSES OF THIS SECTION:
  1. "SYNTHETIC DRUG" SHALL  MEAN  ANY  PRODUCT,  WHETHER  DESCRIBED  AS
TOBACCO,   POTPOURRI,  HERBS,  INCENSE,  SPICE,  AROMATIC,  BATH  SALTS,
SYNTHETIC MARIJUANA, SYNTHETIC STIMULANT OR ANY COMBINATION THEREOF, AND
WHETHER MARKETED FOR THE PURPOSE OF BEING  INGESTED  OTHERWISE  MARKETED
WHICH  INCLUDES,  BUT  IS  NOT  LIMITED TO, ONE OR MORE OF THE FOLLOWING
HALLUCINOGENIC SUBSTANCES:
  (A) "SYNTHETIC CANNABINOIDS" SHALL MEAN ANY SUBSTANCE THAT IS A CANNA-
BINOID RECEPTOR TYPE 1 (CB1 RECEPTOR) AGONIST AS DEMONSTRATED BY BINDING
STUDIES AND FUNCTION ASSAYS OR IS A STRUCTURAL ANALOG OR CHEMICAL DERIV-
ATIVE OF ANY LISTED COMPOUND, AS FOLLOWS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08408-01-5

              

S. 5888                             2

  (I) 2-[(1R,    2R,     5R)-5-HYDROXY-2-(3-HYDROXYPROPYL)     CYCLOHEX-
YL]-5-(2-METHYLOCTAN-2-YL)PHENOL
  (II) 4-METHOXYPHENYL)-[2-METHYL-1-(2-MORPHOLIN-4-YLETHYL)INDOL-3-YL]
METHANONE
  (III) [(3R)-5-METHYL-3-(MORPHOLIN-4-YLMETHYL)-2,
3-DIHYDRO[1,4}OXAZINO[2,3,4-HI]INDOL-6-YL](NAPHTHALENE-1-YL)METHANONE
  (IV) (2-METHYL-1-PENTYL-1H-INDOL-3-YL)(NAPHTHALEN-1-YL)METHANONE
  (V) (2-METHYL-1-PROPYL-1H-INDOL-3-YL)(NAPHTHALENE-1-YL)METHANONE
  (VI) NAPHTHALEN-1-YL[1-(PEN-4-EN-1-YL)-1H-INDOL-3-YL)METHANONE
  (VII) 1-PENTYL-3-(4-ETHYL-1-NAPHTHOYL)INDOLE
  (VIII) 1-PENTYLINDOL-3-YL)NAPTHALEN-1-YLMETHANE
  (IX) (1-PENTYL-1H-INDOL-3-YL)(4-PROPYLNAPHTHALEN-1-YL)METHANONE
  (X) 3-[(4-METHYL-1-NAPHTHALENY)METHYL]-1-PENTYL-1H-INDOLE
  (XI) 1-([(1E)-3-PENTYLINDEN-1-YLIDINE]METHYL)NAPHTHALENE
  (XII) 2-(2-METHYLPHENYL)-1-(1-PENTYL-1H-INDOL-E-YL)ETHANONE
  (XIII) 2-(3-METHOXYLPHENYL)-1-(1-PENTYLINDOL-3-YL)ETHANONE
  (XIV) (5-(2-FLUOROPHENYL)-1-PENTYLPYRROL-3-YL)-NAPHTHALEN-1-YLMETHANONE
  (XV) 1-PENTYL-3-(2-IODOBENZOYL)INDOLE
  (XVI) [1-[(1-METHYL-2-PIPERIDINYL)METHYL]-3-INDOLYL]-(1-NAPHTHALENYL)
METHANONE
  (XVII) 1-[(N-METHYLPIPERIDIN-2-YL)METHYL]3-(ADAMAN-1-OYL)INDOLE
  (XVIII) (2-LODOPHENYL){1-[1-METHYLPIPERIDIN-2-YL)METHYL]-1H-INDOLE-3-YL}
METHANONE
  (XIX) (1-PENTYL-1H-INDOL-3-YL)(2,2,3,3-TETRAMETHYLCYCLOPROPYL)METHANONE
  (XX) [1-(5-FLUOROPENTYL)-1H-INDOL-3-YL])2,2,3,3-TETRAMETHYLCYCLOPROPYL)
METHANONE
  UNLESS  SPECIFICALLY EXEMPTED OR UNLESS LISTED IN ANOTHER SCHEDULE, OR
APPROVED FOR USE BY THE FOOD AND DRUG  ADMINISTRATION  AS  A  LEGITIMATE
PHARMACEUTICAL COMPOUND, ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION
WHICH  CONTAINS  ANY  QUANTITY  OF  THE ABOVE LISTED COMPOUNDS, OR WHICH
CONTAINS THEIR SALTS, ISOMERS, AND SALTS OF ISOMERS WHENEVER THE  EXIST-
ENCE OF SUCH SALTS, ISOMERS, AND SALTS OF ISOMERS IS POSSIBLE WITHIN THE
SPECIFIC  CHEMICAL DESIGNATION OR CONTAINS A STRUCTURAL ANALOG OR CHEMI-
CAL DERIVATIVE OF ANY OF THE LISTED COMPOUNDS.
  (B) "SUBSTITUTED CATHINONES" SHALL MEAN ANY SUBSTANCE THAT IS A STRUC-
TURAL ANALOG CATHINONE INCLUDING ANY CHEMICAL DERIVATIVES  OF  CATHINONE
WHICH BY DEFINITION HAS A STRUCTURAL SUBSTITUTION ON THE BENZENE RING OR
ALIPHATIC  CHAIN  OR CONTAINS A STRUCTURAL ANALOG OR CHEMICAL DERIVATIVE
OF ANY OF THE LISTED COMPOUNDS, AS FOLLOWS:
  (I) 4-METHOXYMETHCATHINONE
  (II) 3-FLUOROMETHCATHINONE
  (III) 4-FLUOROMETHCATHINONE
  (IV) 2-METHYLMETHCATHINONE
  (V) 3-METHYLMETHCATHINONE
  (VI) 2-ETHYLETHCATHINONE
  (VII) 3-ETHYLETHCATHINONE
  (VIII) 4-ETHYLETHCATHINONE
  (IX) 2-METHYLETHCATHINONE
  (X) 3-METHYLETHCATHINONE
  (XI) 4-METHYLETHCATHINONE
  (XII) 4-FLUOROETHCATHINONE
  (XIII) ETHYLMETHCATHINONE
  (XIV) B-KETO-METHYLBENZODIOXOLYLPENTANAMINE
  (XV) 2-(METHLAMINO)-1-PHENYLPENTAN-1-ONE
  (XVI) A-PYRROLIDINOPENTIOPHENONE
  (XVII) 3,4-METHYLENEDIOXY-N-ETHYLCATHINONE

S. 5888                             3

  (XVIII) A-PYRROLIDINOPROPIOPHENONE
  (XIX) 3,4-METHYLENEDIOXY-A PYRROLIDINOPROPIOPHENONE
  (XX) (RS)-1-NAPHTHALEN-2-YL-2-PYRROLIDIN-1-YLPENTAN-1-ONE
  UNLESS  SPECIFICALLY EXEMPTED OR UNLESS LISTED IN ANOTHER SCHEDULE, OR
APPROVED FOR USE BY THE FOOD AND DRUG  ADMINISTRATION  AS  A  LEGITIMATE
PHARMACEUTICAL  COMPOUND, ANY MATERIAL, COMPOUND, MIXTURE OR PREPARATION
WHICH CONTAINS ANY QUANTITY OF THE  ABOVE  LISTED  COMPOUNDS,  OR  WHICH
CONTAINS  THEIR  SALTS, ISOMERS AND SALTS OF ISOMERS WHENEVER THE EXIST-
ENCE OF SUCH SALTS, ISOMERS, AND SALTS OF ISOMERS IS POSSIBLE WITHIN THE
SPECIFIC CHEMICAL DESIGNATION.
  (C) "SUBSTITUTED PHENETHYLAMINES" SHALL MEAN ANY SUBSTANCE THAT  IS  A
STRUCTURAL  ANALOG  OF ANY PHENETHYLAMINE SCHEDULED IN THE PUBLIC HEALTH
LAW, INCLUDING ANY CHEMICAL  DERIVATIVES  OF  SCHEDULED  PHENETHYALMINES
WHICH BY DEFINITION HAS A STRUCTURAL SUBSTITUTION ON THE BENZENE RING OR
ALIPHATIC  CHAIN  OR  CONTAINS  A STRUCTURAL ANALOG OF ANY OF THE LISTED
COMPOUNDS, AS FOLLOWS:
  (I) 4-METHYLAMPHETAMINE
  (II) 3-METHYLAMPHETAMINE
  (III) 4-CHLOROAMPHETAMINE
  (IV) 4-FLUOROAMPHETAMINE
  (V) 2-(4-CHLORO-2,5-DIMETHOXYPHENYL)-N-[(2-METHOXYPHENYL)METHYL]ETHANAMINE
  (VI) 2-(4-IODO-2,5-DIMETHOXYPHENYL)-N{(2-METHOXYPHENYL)METHYL}ETHANAMINE
  (VII) 1-(6-BENZOFURANYL)-2-PROPANAMINE (MDA WITH A  O>C  RING  SUBSTI-
TUTE)
  UNLESS  SPECIFICALLY EXEMPTED OR UNLESS LISTED IN ANOTHER SCHEDULE, OR
APPROVED FOR USE BY THE FOOD AND DRUG  ADMINISTRATION  AS  A  LEGITIMATE
PHARMACEUTICAL COMPOUND, ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION
WHICH  CONTAINS  ANY  QUANTITY  OF  THE ABOVE LISTED COMPOUNDS, OR WHICH
CONTAINS THEIR SALTS, ISOMERS, AND SALTS OF ISOMERS WHENEVER THE  EXIST-
ENCE OF SUCH SALTS, ISOMERS, AND SALTS OF ISOMERS IS POSSIBLE WITHIN THE
SPECIFIC CHEMICAL DESIGNATION.
  (D) "SUBSTITUTED PHENYLPIPERAZINES" SHALL MEAN ANY SUBSTANCE THAT IS A
CHEMICAL  ANALOG  OF  BENZYLPIPERZINE  OR  ANY  CHEMICAL  DERIVATIVES OF
BENZYLPIPERAZINE WHICH BY DEFINITION HAS A  STRUCTURAL  SUBSTITUTION  ON
THE BENZENE OR PIPERAZINE RING OR CONTAINS A STRUCTURAL ANALOG OF ANY OF
THE LISTED COMPOUNDS, AS FOLLOWS:
  (I) TRIFLUROMETHYLPHENYLPIPERAZINE
  (II) META-CHLOROPHENYLPIPERAZINE
  (III) PARA-CHLOROPHENYLPIPERAZINE
  (IV) PARA-FLUOROPHENYLPIPERAZINE
  (V) 4-METHOXYPHENYLPIPERZINE
  (VI) DIBENZYLPIPERAZINE
  UNLESS  SPECIFICALLY EXEMPTED OR UNLESS LISTED IN ANOTHER SCHEDULE, OR
APPROVED FOR USE BY THE FOOD AND DRUG  ADMINISTRATION  AS  A  LEGITIMATE
PHARMACEUTICAL COMPOUND, ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION
WHICH  CONTAINS  ANY  QUANTITY  OF  THE ABOVE LISTED COMPOUNDS, OR WHICH
CONTAINS THEIR SALTS, ISOMERS, AND SALTS OF ISOMERS WHENEVER THE  EXIST-
ENCE OF SUCH SALTS, ISOMERS, AND SALTS OF ISOMERS IS POSSIBLE WITHIN THE
SPECIFIC CHEMICAL DESIGNATION.
  (E)  "SUBSTITUTED  TRYPTAMINES"  SHALL  MEAN  ANY  SUBSTANCE THAT IS A
STRUCTURAL  ANALOG  OF  DIMETHYLTRYPTAMINE,  OR  PSILOCIN,  (SCHEDULE  I
CONTROLLED  SUBSTANCES) OR ANY CHEMICAL DERIVATIVE OF DEMETHYLTRYPTAMINE
WHICH BY DEFINITION HAS A STRUCTURAL SUBSTITUTION ON THE INDOLE RING  OF
ALIPHATIC CHAIN OR CONTAINS A STRUCTURAL ANALOG OF 5-MEO-DALT.
  UNLESS  SPECIFICALLY EXEMPTED OR UNLESS LISTED IN ANOTHER SCHEDULE, OR
APPROVED FOR USE BY THE FOOD AND DRUG  ADMINISTRATION  AS  A  LEGITIMATE

S. 5888                             4

PHARMACEUTICAL COMPOUND, ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION
WHICH  CONTAINS  ANY  QUANTITY  OF  THE ABOVE LISTED COMPOUNDS, OR WHICH
CONTAINS THEIR SALTS, ISOMERS, AND SALTS OF ISOMERS WHENEVER THE  EXIST-
ENCE OF SUCH SALTS, ISOMERS, AND SALTS OF ISOMERS IS POSSIBLE WITHIN THE
SPECIFIC CHEMICAL DESIGNATION.
  (F) UNCLASSIFIED STRUCTURALLY:
  (I) DESOXYPIPADROL (2-DPMP)
  (II) 3-METHOXY-PHENCYCLIDINE
  (III) 4-METHOXY-PHENCYCLIDINE
  (IV) METHOXETAMINE (KETAMINE ANALOG)
  (V) (3-DIETHYLAMINO-2,2-DIMETHYLOPROPYL)-4-AMINOBENZOATE
  (VI) 5,6-METHYLENEDIOXY-2-AMINOINDANE
  (VII) (5-LODO-2-AMINOINDANE) 5-IODO-2,3-DIHYDRO-1H-INDEN-2-AMINE.
  (G) ANY SUBSTANCE THAT INDUCES TOXIC EFFECTS INCLUDING BUT NOT LIMITED
TO  VOMITING,  RAPID HEART RATE, HALLUCINATIONS, DELUSIONS AND/OR BABBL-
ING.
  2. "STRUCTURAL ANALOG" SHALL MEAN AN OPTICAL OR POSITIONAL ISOMER OF A
CHEMICAL DERIVATIVE OF ANY DRUG LISTED IN SECTION THREE  THOUSAND  THREE
HUNDRED  SIX  OF  THE PUBLIC HEALTH LAW OR ANY OF THE SUBSTANCES SPECIF-
ICALLY LISTED IN THIS SECTION, WITH THE EXCEPTION  OF  THOSE  SUBSTANCES
APPROVED BY THE FOOD AND DRUG ADMINISTRATION FOR USE AS PHARMACEUTICALS.
  3.  "CHEMICAL  DERIVATIVE" SHALL MEAN A COMPOUND PRODUCED BY ADDING AN
ELEMENT OR CHEMICAL GROUP TO THE RING OF ALIPHATIC CHAIN OF AN  EXISTING
CHEMICAL.
  4.  "ELEMENT"  SHALL  MEAN  ANY  SUBSTANCE  IN  THE  PERIODIC TABLE OF
ELEMENTS.
  5. "CHEMICAL GROUP" SHALL MEAN A SMALL COMBINATION OF ELEMENTS.
  CRIMINAL SALE, USE OR POSSESSION OF SYNTHETIC DRUGS AND OTHER  SIMILAR
COMPOUNDS IS A CLASS E FELONY.
  S 2. Severability. If any provision of section 220.66 of the penal law
as  added  by  section one of this act or the application thereof to any
person or circumstance shall be adjudged invalid by a court of competent
jurisdiction, such order or judgment shall be confined in its  operation
to  the  controversy  in  which it was rendered, and shall not affect or
invalidate the remainder of any provision or the application of any part
thereof to any  other  person  or  circumstance  and  to  this  end  the
provisions   are  hereby  declared  to  be  severable.  Insofar  as  the
provisions of section 220.66 of the penal law as added by section one of
this act are inconsistent with the provisions of any other law, general,
special or local, the provisions of section one of  this  act  shall  be
controlling.
  S 3. This act shall take effect immediately.