S T A T E   O F   N E W   Y O R K
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                                   4760
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. KEARNS -- Multi-Sponsored by -- M. of A. BARCLAY,
   BRABENEC,  COLTON,  CURRAN,  DiPIETRO,  GALEF,  GIGLIO, GRAF, GUNTHER,
   HAWLEY, HOOPER, LAWRENCE, McDONALD, McDONOUGH, McLAUGHLIN,  MONTESANO,
   OAKS,  ORTIZ, PALMESANO, PICHARDO, RAIA, SKOUFIS, WOERNER -- read once
   and referred to the Committee on Codes

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

                                                            LBD04614-01-7

 A. 4760                             2
 
 STUDIES AND FUNCTION ASSAYS OR IS A STRUCTURAL ANALOG OR CHEMICAL DERIV-
 ATIVE OF ANY LISTED COMPOUND, AS FOLLOWS:
   (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

 A. 4760                             3
 
   (XVI) A-PYRROLIDINOPENTIOPHENONE
   (XVII) 3,4-METHYLENEDIOXY-N-ETHYLCATHINONE
   (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.

 A. 4760                             4

   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.
   (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.
   § 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.
   § 3. This act shall take effect immediately.