NY State Senate Bill 2017-S3829

Senate Bill S3829

2017-2018 Legislative Session

Relates to synthetic cannabinoids, synthetic cannabinoid analog and substituted cathinones and prohibiting the production and sale thereof

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health
Jan 27, 2017	referred to health

2017-S3829 (ACTIVE) - Details

See Assembly Version of this Bill:: A1609
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3302, Pub Health L; amd §220.00, Pen L; add §399-hh, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8913
2013-2014: A5441
2015-2016: S4720, A5453, A5454, A8697
2019-2020: A4491, A6156
2021-2022: A1323, A6465
2023-2024: A197

2017-S3829 (ACTIVE) - Summary

Relates to synthetic cannabinoids, synthetic cannabinoid analog and substituted cathinones and prohibits the production and sale thereof.

2017-S3829 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3829

 TITLE OF BILL :

An act to amend the public health law, the penal law and the general
business law, in relation to synthetic cannabinoids, synthetic
cannabinoid analog and substituted cathinones and prohibiting the
production and sale thereof

 PURPOSE :

To prohibit the sale and distribution of synthetic cannabinoids
(synthetic marijuana) and substituted cathinones (bath salts) by
adding, it to the control substance list.

 SUMMARY OF PROVISIONS :

Section 1 of the bill adds three new subdivisions, to § 3302 of the
Public Health Law defining "synthetic cannabinoids," "synthetic
cannabinoid analog," and "substituted cathinone."

Section 2 amends subdivisions five and six of § 220.00 of the Penal
Law by adding to the definition of marijuana, synthetic cannabinoid
and synthetic cannabinoid analog, and including substituted cathinones
in the definition of controlled substance.

Section 3 amends the General Business law by adding a new section
399-hh to prohibit the sale of synthetic cannabinoids, synthetic
cannabiniod analogs, and substituted cathinones.

Section 4 provides the effective date.

 JUSTIFICATION :

Synthetic drugs, those that mimic the effects of banned drugs have
increasing become a public safety concern throughout the country. To
circumvent state and federal drug laws, the manufacturers of these
synthetic drugs market their products under the guise of being a
commonly used product, such as bath salts or incense. As a result, a
person can purchase these items at a local convenience store, smoke
shop or on the internet.

When smoked or snorted, bath salts produce a reaction similar to what
cocaine produces. Likewise, synthetic cannabinoid ("synthetic
marijuana") produces similar reactions to smoking or ingesting
marijuana. News reports, the medical community and the Poison Control
Center have reported that the users of these products were having
strong psychotic effects as a result of ingesting or smoking the drug,
including extreme paranoia, hallucinations, hypertension and suicidal
thoughts.

Addressing this issue has proven to be a difficult task. As previously
stated, these products are labeled as other goods, such as shoe
deodorant, bath salts, or incense. Despite the various state and
federal laws and regulations that have been adopted to combat the sale
and use of these products, synthetic drug manufacturers have been
successful in circumventing the law because the state and federal
government bans synthetic marijuana and bath salts compounds.  Makers
of these products continue to alter the chemical composition of these
drugs and they continue to mislabel these products which are sold in
stores.

The comprehensive reform proposed by this legislation addresses the
issue of mislabeling and chemical compound swapping, and implements
stricter penalties. In respect to synthetic cannabinoids, a.k.a.
synthetic marijuana, the bill bans products that produce the same
effect on a person's cannabinoid receptors and creates penalties for
possession in line with marijuana possession. For substituted
cathinones, it bans certain molecular structures and expands the
previous law banning bath salts. Additionally, it adds it to the
controlled substance list and creates penalties for possession.

One important component of this legislation is that it gives the
Commissioner of the Department of Health broad powers to add synthetic
drugs to the list of prohibited substances without requiring the
Legislature to enact legislation to do so. This allows the
Commissioner to act immediately if necessary to add synthetic drugs to
the list of prohibited substances and it eliminates the need for the
legislature to revisit this issue each time a new chemical compound is
introduced. This is a proactive approach to addressing the issue of
chemical swapping.

Lastly, this legislation addresses the sale of these products in
stores, such as convenience stores and head shops. The structure
established here is analogous to that enacted in Illinois and
similarly prohibits the sale of synthetic drugs based on mislabeling.
Under this legislation, if a person believes that a store is selling
synthetic drugs, they may file a complaint with the Office of the
Attorney General. Based on the evidence provided, the Attorney General
can make an application to the court requesting a special procedure to
issue an injunction to stop selling the product. If it is determined
by the court that the store violated the law of mislabeling there are
a series of penalties. For the first violation, the penalty is $5,000
for each separate violation. For any subsequent violations within 5
years, the penalty will be a Class A misdemeanor punishable by a fine
of $10,000 for each violation. If the store sold the mislabeled
synthetic drag to a minor, the penalty would be a Class E Felony.

 PRIOR LEGISLATIVE HISTORY :

2015-2016: A.8697/S.4720A
2013-2014: A.6971/ S. 5401

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3829 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3829
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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.
   46. "SUBSTITUTED CATHINONE" MEANS ANY CHEMICAL COMPOUND THAT IS CHEMI-
 CALLY SYNTHESIZED AND:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00550-01-7

 S. 3829                             2
 
   (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.
   § 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.
   § 3. The general business law is amended by adding a new section  399-
 hh to read as follows:
   §  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
 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

 S. 3829                             3
 
 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.
   § 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.