LBD07711-01-7
S. 3518 2
/\3, 4 cis or trans tetrahydrocannabinol, and its optical isomers
(since nomenclature of these substances is not internationally standard-
ized, compounds of these structures, regardless of numerical designation
of atomic positions covered).
§ 4. Schedule I of section 3306 of the public health law is amended by
adding a new subdivision (g) to read as follows:
(G) (1) UNLESS SPECIFICALLY EXCEPTED OR UNLESS LISTED IN ANOTHER SCHE-
DULE, ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT IS NOT
APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION (FDA), AND WHICH
CONTAINS ANY QUANTITY OF SYNTHETIC CANNABINOIDS, OR WHICH CONTAINS ANY
OF ITS SALTS, ISOMERS (WHETHER OPTICAL, POSITIONAL, OR GEOMETRIC), HOMO-
LOGUES (ANALOGS), AND SALTS OF ISOMERS AND HOMOLOGUES (ANALOGS), WHENEV-
ER THE EXISTENCE OF SUCH SALTS, ISOMERS, HOMOLOGUES (ANALOGS), AND SALTS
OF ISOMERS AND HOMOLOGUES (ANALOGS) IS POSSIBLE WITHIN THE SPECIFIC
CHEMICAL DESIGNATION.
(2) AS USED IN THIS SUBDIVISION, THE TERM "SYNTHETIC CANNABINOIDS"
MEANS ANY CHEMICAL COMPOUND OR SYNTHETIC EQUIVALENT THAT IS A CANNBINOID
RECEPTOR TYPE 1 (CB1 RECEPTOR) AGONIST AS DEMONSTRATED BY BINDING
STUDIES AND FUNCTIONAL ASSAYS WITHIN ANY OF THE FOLLOW STRUCTURAL CLASS-
ES:
(I) 2-(3-HYDROXYCYCLOHEXYL)PHENOL WITH SUBSTITUTION AT THE 5-POSITION
OF THE PHENOLIC RING BY ALKYL OR ALKENYL, WHETHER OR NOT SUBSTITUTED ON
THE CYCLOHEXYL RING TO ANY EXTENT;
(II) 3-(1-NAPHTHOYL)INDOLE OR 3-(1-NAPHTHYLMETHANE)INDOLE BY SUBSTI-
TUTION AT THE NITROGEN ATOM OF THE INDOLE RING, WHETHER OR NOT FURTHER
SUBSTITUTED ON THE INDOLE RING TO ANY EXTENT, WHETHER OR NOT SUBSTITUTED
ON THE NAPHTHOYL OR NAPHTHYL RING TO ANY EXTENT;
(III) 3-(1-NAPHTHOYL)PYRROLE BY SUBSTITUTION AT THE NITROGEN ATOM OF
THE PYRROLE RING, WHETHER OR NOT FURTHER SUBSTITUTED IN THE PYRROLE RING
TO ANY EXTENT, WHETHER OR NOT SUBSTITUTED ON THE NAPHTHOYL RING TO ANY
EXTENT;
(IV) 1-(1-NAPHTHYLMETHYLENE)INDENE BY SUBSTITUTION OF THE 3-POSITION
OF THE INDENE RING, WHETHER OR NOT FURTHER SUBSTITUTED IN THE INDENE
RING TO ANY EXTENT, WHETHER OR NOT SUBSTITUTED ON THE NAPHTHYL RING TO
ANY EXTENT;
(V) 3-PHENYLACETYLINDOLE OR 3-BENZOYLINDOLE BY SUBSTITUTION AT THE
NITROGEN ATOM OF THE INDOLE RING, WHETHER OR NOT FURTHER SUBSTITUTED IN
THE INDOLE RING TO ANY EXTENT, WHETHER OR NOT SUBSTITUTED ON THE PHENYL
RING TO ANY EXTENT;
(VI) 5-(1,1-DIMETHYLHEPTYL)-2-[(1R,3S)-3-hydroxycyclohexyl]-PHENOL (CP
47,497);
(VII) 5-(1,1-DIMETHYLOCTYL)-2-[(1R,3S)-3-hydroxycyclohexyl]-PHENOL
(CANNABICYCLOHEXANOL; CP 47,497 C8 HOMOLOGUE);
(VIII) 1-PENTYL-3-(1-NAPHTHOYL)INDOLE (JWH-018; AM678);
(IX) 1-BUTYL-3-(1-NAPHTHOYL)INDOLE (JWH-073);
(X) 1-HEXYL-3-(1-NAPHTHOYL)INDOLE (JWH-019);
(XI) 1-[2-(4-Morpholinyl)ethyl]-3-(1-NAPHTHOYL)INDOLE (JWH-200);
(XII) 1-PENTYL-3-(2-METHOXYPHENYLACETYL)INDOLE (JWH-250);
(XIII) 1-PENTYL-3-[1-(4-methoxynaphthoyl)]INDOLE (JWH-081);
(XIV) 1-PENTYL-3-(4-METHYL-1-NAPHTHOYL)INDOLE (JWH-122);
(XV) 1-PENTYL-3-(4-CHLORO-1-NAPHTHOYL)INDOLE (JWH-398);
(XVI) 1-(5-FLUOROPENTYL)-3-(1-NAPHTHOYL)INDOLE (AM2201);
(XVII) 1-(5-FLUOROPENTYL)-3-(2-IODOBENZOYL)INDOLE (AM694);
(XVIII) 1-PENTYL-3-[(4-methoxy)-benzoyl]INDOLE (SR-19; RCS-4);
(XIX) 1-CYCLOHEXYLETHYL-3-(2-METHOXYPHENYLACETYL)INDOLE (SR-18;
RCS-8);
S. 3518 3
(XX) 1-PENTYL-3-(2-CHLOROPHENYLACETYL)INDOLE (JWH-203);
(XXI) (1-PENTYL-1H-INDOL-3-YL)(2,2,3,3-TETRAMETHYLCYCLOPROPYL)METHANONE
(UR-144);
(XXII) [1-(5-Fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-
TETRAMETHYLCYCLOPROPYL)METHANONE (5-FLUORO-UR-144; XLR11); AND
(XXIII) N-(1-ADAMANTYL)-1-PENTYL-1H-INDAZOLE-3-CARBOXAMIDE (APINACA;
AKB48).
(3) THE TERM "SYNTHETIC CANNABINOIDS" SHALL ALSO INCLUDE:
(I) (1-PENTYL-1H-INDOL-3-YL)(2,2,3,3-TETRAMETHYLCYCLOPROPYL)METHANONE,
ITS OPTICAL, POSITIONAL, AND GEOMETRIC ISOMERS, SALTS AND SALTS OF ISOM-
ERS-7144 (OTHER NAMES: UR-144, 1-PENTYL-3-(2,2,3,3- TETRAMETHYLCYCLOPRO-
POYL)INDOLE);
(II) [1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-
TETRAMETHYLCYCLOPROPYL)METHANONE, ITS OPTICAL, POSITIONAL, AND GEOMETRIC
ISOMERS, SALTS AND SALTS OF ISOMERS-7011 (OTHER NAMES: 5-FLUORO-UR-144,
5-F-UR-144, XLR11, 1-(5-FLUORO-PENTYL)-3-
(2,2,3,3-TETRAMETHYLCYCLOPROPOYL)INDOLE);
(III) N-(1-ADAMANTYL)-1-PENTYL-1H-INDAZOLE-3-CARBOXAMIDE, ITS OPTICAL,
POSITIONAL, AND GEOMETRIC ISOMERS, SALTS AND SALTS OF ISOMERS-7048
(OTHER NAMES: APINACA, AKB48);
(IV) QUINOLIN-8-YL 1-PENTYL-1H-INDOLE-3-CARBOXYLATE, ITS OPTICAL,
POSITIONAL, AND GEOMETRIC ISOMERS, SALTS AND SALTS OF ISOMERS-7222
(OTHER NAMES: PB-22; QUPIC);
(V) QUINOLIN-8-YL 1-(5-FLUOROPENTYL)-1H-INDOLE-3-CARBOXYLATE, ITS
OPTICAL, POSITIONAL, AND GEOMETRIC ISOMERS, SALTS AND SALTS OF ISOMERS-
7225 (OTHER NAMES: 5-FLUORO-PB-22; 5F-PB-22);
(VI) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-(4-FLUOROBENZYL)-1H- INDA-
ZOLE-3-CARBOXAMIDE, ITS OPTICAL, POSITIONAL, AND GEOMETRIC ISOMERS,
SALTS AND SALTS OF ISOMERS-7012 (OTHER NAMES: AB-FUBINACA);
(VII) N-(1-AMINO-3,3-DIMETHYL-1-OXOBUTAN-2-YL)-1-PENTYL-1H-INDAZOLE-3-
CARBOXAMIDE, ITS OPTICAL, POSITIONAL, AND GEOMETRIC ISOMERS, SALTS AND
SALTS OF ISOMERS-7035 (OTHER NAMES: ADB-PINACA);
(VIII) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-(CYCLOHEXYLMETHYL)-1H-
INDAZOLE-3-CARBOXAMIDE, ITS OPTICAL, POSITIONAL, AND GEOMETRIC ISOMERS,
SALTS, AND SALTS OF ISOMERS-7031 (OTHER NAMES: AB-CHMINACA);
(IX) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-PENTYL-1H-INDAZOLE-3-
CARBOXAMIDE, ITS OPTICAL, POSITIONAL, AND GEOMETRIC ISOMERS, SALTS, AND
SALTS OF ISOMERS-7023 (OTHER NAMES: AB-PINACA); AND
(X) [1-(5-fluoropentyl)-1H-indazol-3-yl](NAPHTHALEN-1-YL)METHANONE,
ITS OPTICAL, POSITIONAL, AND GEOMETRIC ISOMERS, SALTS, AND SALTS OF
ISOMERS-7024 (OTHER NAMES: THJ-2201).
§ 5. Section 220.00 of the penal law is amended by adding a new subdi-
vision 21 to read as follows:
21. "KNOWINGLY" WHEN USED IN CONNECTION WITH THE OFFENSES INVOLVING
THE POSSESSION OR SALE, OR THE ATTEMPT OR CONSPIRACY TO POSSESS OR SELL,
A SYNTHETIC CANNABINOID, SYNTHETIC CATHINONE, OR A CONTROLLED SUBSTANCE
ANALOGUE, SHALL NOT REQUIRE KNOWLEDGE BY THE DEFENDANT OF THE CHEMICAL
STRUCTURE OF THE SUBSTANCE, BUT RATHER, IT IS SUFFICIENT IF:
(A) THE DEFENDANT KNEW OR SHOULD HAVE KNOWN THAT THE SUBSTANCE HAS A
STIMULANT, DEPRESSANT, OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS
SYSTEM THAT IS SUBSTANTIALLY SIMILAR TO OR GREATER THAN THE STIMULANT,
DEPRESSANT, OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A
CONTROLLED SUBSTANCE IN SCHEDULE I OR II OF SECTION THIRTY-THREE HUNDRED
SIX OF THE PUBLIC HEALTH LAW; OR
(B) THE DEFENDANT REPRESENTED OR INTENDED FOR THE SUBSTANCE TO HAVE A
STIMULANT, DEPRESSANT, OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS
S. 3518 4
SYSTEM THAT IS SUBSTANTIALLY SIMILAR TO OR GREATER THAN THE STIMULANT,
DEPRESSANT, OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A
CONTROLLED SUBSTANCE IN SCHEDULE I OR II OF SECTION THIRTY-THREE HUNDRED
SIX OF THE PUBLIC HEALTH LAW.
§ 6. Subdivision 8 of section 220.06 of the penal law, as added by
chapter 264 of the laws of 2003, is amended and a new subdivision 9 is
added to read as follows:
8. one or more preparations, compounds, mixtures or substances
containing gamma hydroxybutyric acid, as defined in paragraph four of
subdivision (e) of schedule I of section thirty-three hundred six of the
public health law, and said preparations, compounds, mixtures or
substances are of an aggregate weight of twenty-eight grams or more[.];
OR
9. ONE OR MORE PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES
CONTAINING A SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION (G) OF
SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW
AND SAID PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN
AGGREGATE WEIGHT OF ONE OUNCE OR MORE.
§ 7. Subdivision 15 of section 220.09 of the penal law, as added by
chapter 264 of the laws of 2003, is amended and a new subdivision 16 is
added to read as follows:
15. one or more preparations, compounds, mixtures or substances
containing gamma hydroxybutyric acid, as defined in paragraph four of
subdivision (e) of schedule I of section thirty-three hundred six of the
public health law, and said preparations, compounds, mixtures or
substances are of an aggregate weight of two hundred grams or more[.];
OR
16. ONE OR MORE PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES
CONTAINING A SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION (G) OF
SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW
AND SAID PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN
AGGREGATE WEIGHT OF FOUR OUNCES OR MORE.
§ 8. Subdivision 13 of section 220.16 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended and a new subdivision 14 is
added to read as follows:
13. phencyclidine and said phencyclidine weighs one thousand two
hundred fifty milligrams or more[.]; OR
14. ONE OR MORE PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES
CONTAINING A SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION (G) OF
SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW
AND SAID PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN
AGGREGATE WEIGHT OF TEN POUNDS OR MORE.
§ 9. Subdivision 3 of section 220.34 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended and a new subdivision 10 is
added 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
10. ONE OR MORE PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES
CONTAINING A SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION (G) OF
SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW
AND SAID PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN
AGGREGATE WEIGHT OF ONE OUNCE OR MORE.
§ 10. Subdivision 9 of section 220.39 of the penal law, as added by
chapter 410 of the laws of 1979, is amended and a new subdivision 10 is
added to read as follows:
S. 3518 5
9. a narcotic preparation to a person less than twenty-one years
old[.] ; OR
10. ONE OR MORE PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES
CONTAINING A SYNTHETIC CANNABINOID AS DEFINED IN SUBDIVISION (G) OF
SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW
AND SAID PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN
AGGREGATE WEIGHT OF SIXTEEN OUNCES OR MORE.
§ 11. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however, that, notwithstand-
ing 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 and section 3306 of
the public health law, except that enforcement of such provisions of the
penal law shall be allowed during this period with regard to the
possession of substances containing more than two and one-half percent
by weight of delta-9 tetrahydrocannabinol, or its isomer, delta-8 diben-
zopyran numbering system, or delta-1 tetrahydrocannabinol or its isomer,
delta 1(6) monoterpene numbering system.