S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6156
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 28, 2019
                                ___________
 
 Introduced  by  M. of A. BARCLAY, BLANKENBUSH, COLTON, CROUCH, DiPIETRO,
   FINCH, GIGLIO, GOODELL,  HAWLEY,  MALLIOTAKIS,  MONTESANO,  PALMESANO,
   RAIA,  STEC,  MANKTELOW, REILLY, BYRNES -- Multi-Sponsored by -- M. of
   A. ARROYO, COOK, GALEF, KOLB, SALKA -- read once and referred  to  the
   Committee on Health

 AN  ACT to amend the public health law and the penal law, in relation to
   synthetic cannabinoids
 
   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
 two new subdivisions 44 and 45 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.
   "SYNTHETIC CANNABINOID" DOES NOT INCLUDE ANY PRODUCTS THAT  HAVE  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.
   §  2.  Subdivision 5 of section 220.00 of the penal law, as amended by
 chapter 537 of the laws of 1998, is 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02818-01-9

 A. 6156                             2
 
 SYNTHETIC  CANNABINOID,  AND  SYNTHETIC CANNABINOID ANALOG as defined in
 [paragraph (a) of subdivision four of] section thirty-three hundred  two
 of such law.
   § 3. This act shall take effect immediately.