BILL NUMBER: S1862

SPONSOR: RITCHIE
 
PURPOSE OR GENERAL IDEA OF BILL:

Classifies synthetic cannabinoids, such as Spice or K2 as controlled
substances under the Public Health Law. It also amends the Penal Law by
adding synthetic cannabinoids or synthetic cannabinoid analog to the
definition of controlled substances.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds two new subdivisions 44 and 45, to section
3302 of the Public Health Law.

Subdivision 44 - Defines synthetic cannabinoids as a chemical compound
that is chemically synthesized. Synthetic cannabinoids are chemicals
that have a binding effect on one or more cannabinoid receptors, or are
a chemical isomer, salt or salt of an isomer of a compound that has
demonstrated to have a binding activity at one or more cannabinoid
receptors.

              

Subdivision 45-synthetic cannabinoid analog is defined as any chemical
that is substantially similar in ' chemical structure to a chemical
compound that has been determined to have binding activity at one or
more cannabinoid receptors. This definition would not apply to any
products that have been approved for medical use by the United States
Food and Drug Administration.

Section 2 of the bill amends Subdivision 5 of section 220.00 of the
Penal Law by adding to the synthetic cannabinoid and synthetic cannabi-
noid analog to the controlled substance list

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Synthetic drugs continue to pose a public health threat in communities
across the country. Initially, when synthetic drugs began making its way
into communities, it was often sold in convenience stores or head shops
labeled as potpourri or incense to mask its intended use a drug. The
drugs were often portrayed as a legal alternative to marijuana and it
appealed to many users because traditional drug tests wouldn't pick them
up. However, as we know now, these drugs are far from safe. According to
various health officials, synthetic drugs can be up to 200 times more
potent than THC making them more powerful and unpredictable. Some of the
most common side effects are psychotic episodes, aggression, dangerously
high blood pressure, cardiac issues and others.

One of the ongoing issues in addressing the synthetic drug crisis has
how to classifying these drugs. The legal precedent is to ban the drug
based on its exact chemical composition. In the case of synthetics,
underground chemists understand this and are constantly altering the
chemical makeup of the drugs to bypass any bans or criminal penalties.
To complicate things further, there are more than 400 synthetic cannabi-
noid compounds.

This legislation takes a proactive approach in addressing this crisis.
Rather than ban each chemical compound, it bans those products that
affect a person's cannabinoid receptors producing the high. The ban
would not apply to FDA approved drugs or products. The other issue with
synthetics is that the penalties for possession and or selling the drugs
do not bear much of a consequence. This legislation adds Synthetic
Cannabinoids and Synthetic Cannabinoid Analog to the controlled
substance list under the Penal Law.

 
PRIOR LEGISLATIVE HISTORY:

2017-2018. - S.748 - Referred to Health Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.