S02836 Summary:

BILL NOS02836C
 
SAME ASNo Same As
 
SPONSORFLANAGAN
 
COSPNSRGALLIVAN, GOLDEN, LITTLE, MARCHIONE, MARTINS, MURPHY, RANZENHOFER, RITCHIE, SERINO
 
MLTSPNSR
 
Amd §§3302 & 3306, Pub Health L; amd §§220.00, 220.06, 220.09, 220.16, 220.34 & 220.39, Pen L
 
Relates to controlled substances; defines synthetic cannabis; criminal provisions relating to synthetic cannabis.
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S02836 Actions:

BILL NOS02836C
 
01/29/2015REFERRED TO HEALTH
05/11/2015AMEND (T) AND RECOMMIT TO HEALTH
05/11/2015PRINT NUMBER 2836A
05/19/20151ST REPORT CAL.820
05/20/20152ND REPORT CAL.
05/27/2015AMENDED (T) 2836B
05/27/2015ADVANCED TO THIRD READING
06/17/2015PASSED SENATE
06/17/2015DELIVERED TO ASSEMBLY
06/17/2015referred to health
01/06/2016died in assembly
01/06/2016returned to senate
01/06/2016REFERRED TO HEALTH
01/21/2016AMEND (T) AND RECOMMIT TO HEALTH
01/21/2016PRINT NUMBER 2836C
01/25/2016COMMITTEE DISCHARGED AND COMMITTED TO RULES
01/25/2016ORDERED TO THIRD READING CAL.51
01/25/2016PASSED SENATE
01/25/2016DELIVERED TO ASSEMBLY
01/25/2016referred to health
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S02836 Memo:

Memo not available
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S02836 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2836--C
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    January 29, 2015
                                       ___________
 
        Introduced  by  Sens.  FLANAGAN,  GALLIVAN,  GOLDEN,  LITTLE, MARCHIONE,
          MARTINS, RANZENHOFER, RITCHIE -- read twice and ordered  printed,  and
          when  printed  to be committed to the Committee on Health -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- reported favorably from said  committee,  ordered
          to  first  and  second  report, amended on second report, ordered to a
          third reading, and to be reprinted as amended, retaining its place  in
          the  order  of third reading -- recommitted to the Committee on Health
          in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT to amend the public health law and the penal law, in relation to
          controlled substances
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 4 of section 3302 of the public health law, as
     2  added by chapter 878 of the laws of 1972 and as  renumbered  by  chapter
     3  537 of the laws of 1998, is amended to read as follows:
     4    4. "Concentrated Cannabis" means
     5    [(a)]  the separated resin, whether crude or purified, obtained from a
     6  plant of the genus Cannabis[; or
     7    (b) a material, preparation,  mixture,  compound  or  other  substance
     8  which  contains  more than two and one-half percent by weight of delta-9
     9  tetrahydrocannabinol, or  its  isomer,  delta-8  dibenzopyran  numbering
    10  system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
    11  terpene numbering system].
    12    §  2. Section 3302 of the public health law is amended by adding a new
    13  subdivision 44 to read as follows:
    14    44. "Synthetic cannabinoid"  shall  have  the  meaning  set  forth  in
    15  section thirty-three hundred six of this title.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08320-04-6

        S. 2836--C                          2
 
     1    §  3. Paragraph 21 of subdivision (d) of schedule I of section 3306 of
     2  the public health law, as added by chapter 664 of the laws of  1985,  is
     3  amended by to read as follows:
     4    (21) Tetrahydrocannabinols.   [Synthetic   equivalents   of  the]  The
     5  substances contained in the plant, or in  the  resinous  extractives  of
     6  cannabis,  sp. and/or synthetic substances, derivatives, and their isom-
     7  ers with similar chemical structure and pharmacological activity such as
     8  the following:
     9    /\1 cis or trans tetrahydrocannabinol, and their optical isomers
    10    /\6 cis or trans tetrahydrocannabinol, and their optical isomers
    11    /\3, 4 cis or trans  tetrahydrocannabinol,  and  its  optical  isomers
    12  (since nomenclature of these substances is not internationally standard-
    13  ized, compounds of these structures, regardless of numerical designation
    14  of atomic positions covered).
    15    § 4. Schedule I of section 3306 of the public health law is amended by
    16  adding a new subdivision (g) to read as follows:
    17    (g) (1) Unless specifically excepted or unless listed in another sche-
    18  dule,  any  material,  compound,  mixture,  or  preparation  that is not
    19  approved by the federal food and drug administration  (FDA),  and  which
    20  contains  any  quantity of synthetic cannabinoids, or which contains any
    21  of its salts, isomers (whether optical, positional, or geometric), homo-
    22  logues (analogs), and salts of isomers and homologues (analogs), whenev-
    23  er the existence of such salts, isomers, homologues (analogs), and salts
    24  of isomers and homologues (analogs)  is  possible  within  the  specific
    25  chemical designation.
    26    (2)  As  used  in  this subdivision, the term "synthetic cannabinoids"
    27  means any chemical compound or synthetic equivalent that is a cannbinoid
    28  receptor type 1  (CB1  receptor)  agonist  as  demonstrated  by  binding
    29  studies and functional assays within any of the follow structural class-
    30  es:
    31    (i)  2-(3-Hydroxycyclohexyl)phenol with substitution at the 5-position
    32  of the phenolic ring by alkyl or alkenyl, whether or not substituted  on
    33  the cyclohexyl ring to any extent;
    34    (ii)  3-(1-Naphthoyl)indole  or 3-(1-Naphthylmethane)indole by substi-
    35  tution at the nitrogen atom of the indole ring, whether or  not  further
    36  substituted on the indole ring to any extent, whether or not substituted
    37  on the naphthoyl or naphthyl ring to any extent;
    38    (iii)  3-(1-Naphthoyl)pyrrole  by substitution at the nitrogen atom of
    39  the pyrrole ring, whether or not further substituted in the pyrrole ring
    40  to any extent, whether or not substituted on the naphthoyl ring  to  any
    41  extent;
    42    (iv)  1-(1-Naphthylmethylene)indene  by substitution of the 3-position
    43  of the indene ring, whether or not further  substituted  in  the  indene
    44  ring  to  any extent, whether or not substituted on the naphthyl ring to
    45  any extent;
    46    (v) 3-Phenylacetylindole or 3-Benzoylindole  by  substitution  at  the
    47  nitrogen  atom of the indole ring, whether or not further substituted in
    48  the indole ring to any extent, whether or not substituted on the  phenyl
    49  ring to any extent;
    50    (vi) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP
    51  47,497);
    52    (vii)     5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
    53  (Cannabicyclohexanol; CP 47,497 C8 homologue);
    54    (viii) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018; AM678);
    55    (ix) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
    56    (x) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);

        S. 2836--C                          3

     1    (xi) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
     2    (xii) 1-Pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
     3    (xiii) 1-Pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081);
     4    (xiv) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
     5    (xv) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
     6    (xvi) 1-(5-Fluoropentyl)-3-(1-naphthoyl)indole (AM2201);
     7    (xvii) 1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole (AM694);
     8    (xviii) 1-Pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19; RCS-4);
     9    (xix)     1-Cyclohexylethyl-3-(2-methoxyphenylacetyl)indole    (SR-18;
    10  RCS-8);
    11    (xx) 1-Pentyl-3-(2-chlorophenylacetyl)indole (JWH-203);
    12    (xxi) (1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
    13  (UR-144);
    14    (xxii) [1-(5-Fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-
    15  tetramethylcyclopropyl)methanone (5-Fluoro-UR-144; XLR11); and
    16    (xxiii)  N-(1-Adamantyl)-1-pentyl-1H-indazole-3-carboxamide  (APINACA;
    17  AKB48).
    18    (3) The term "synthetic cannabinoids" shall also include:
    19    (i) (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone,
    20  its optical, positional, and geometric isomers, salts and salts of isom-
    21  ers-7144 (Other names: UR-144, 1-pentyl-3-(2,2,3,3- tetramethylcyclopro-
    22  poyl)indole);
    23    (ii) [1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-
    24  tetramethylcyclopropyl)methanone, its optical, positional, and geometric
    25  isomers, salts and salts of isomers-7011 (Other names: 5-fluoro-UR-144,
    26  5-F-UR-144, XLR11, 1-(5-fluoro-pentyl)-3-
    27  (2,2,3,3-tetramethylcyclopropoyl)indole);
    28    (iii) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide, its optical,
    29  positional,  and  geometric  isomers,  salts  and  salts of isomers-7048
    30  (Other names: APINACA, AKB48);
    31    (iv)  Quinolin-8-yl  1-pentyl-1H-indole-3-carboxylate,  its   optical,
    32  positional,  and  geometric  isomers,  salts  and  salts of isomers-7222
    33  (Other names: PB-22; QUPIC);
    34    (v)  Quinolin-8-yl   1-(5-fluoropentyl)-1H-indole-3-carboxylate,   its
    35  optical,  positional, and geometric isomers, salts and salts of isomers-
    36  7225 (Other names: 5-fluoro-PB-22; 5F-PB-22);
    37    (vi) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H- inda-
    38  zole-3-carboxamide, its  optical,  positional,  and  geometric  isomers,
    39  salts and salts of isomers-7012 (Other names: AB-FUBINACA);
    40    (vii) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-
    41  carboxamide,  its  optical, positional, and geometric isomers, salts and
    42  salts of isomers-7035 (Other names: ADB-PINACA);
    43    (viii) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-
    44  indazole-3-carboxamide, its optical, positional, and geometric  isomers,
    45  salts, and salts of isomers-7031 (Other names: AB-CHMINACA);
    46    (ix) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-
    47  carboxamide,  its optical, positional, and geometric isomers, salts, and
    48  salts of isomers-7023 (Other names: AB-PINACA); and
    49    (x) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone,
    50  its optical, positional, and geometric  isomers,  salts,  and  salts  of
    51  isomers-7024 (Other names: THJ-2201).
    52    § 5. Section 220.00 of the penal law is amended by adding a new subdi-
    53  vision 21 to read as follows:
    54    21.  "Knowingly"  when  used in connection with the offenses involving
    55  the possession or sale, or the attempt or conspiracy to possess or sell,
    56  a synthetic cannabinoid, synthetic cathinone, or a controlled  substance

        S. 2836--C                          4

     1  analogue,  shall  not require knowledge by the defendant of the chemical
     2  structure of the substance, but rather, it is sufficient if:
     3    (a)  the  defendant knew or should have known that the substance has a
     4  stimulant, depressant, or hallucinogenic effect on the  central  nervous
     5  system  that  is substantially similar to or greater than the stimulant,
     6  depressant, or hallucinogenic effect on the central nervous system of  a
     7  controlled substance in schedule I or II of section thirty-three hundred
     8  six of the public health law; or
     9    (b)  the defendant represented or intended for the substance to have a
    10  stimulant, depressant, or hallucinogenic effect on the  central  nervous
    11  system  that  is substantially similar to or greater than the stimulant,
    12  depressant, or hallucinogenic effect on the central nervous system of  a
    13  controlled substance in schedule I or II of section thirty-three hundred
    14  six of the public health law.
    15    §  6.  Subdivision  8  of section 220.06 of the penal law, as added by
    16  chapter 264 of the laws of 2003, is amended and a new subdivision  9  is
    17  added to read as follows:
    18    8.  one  or  more  preparations,  compounds,  mixtures  or  substances
    19  containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
    20  subdivision (e) of schedule I of section thirty-three hundred six of the
    21  public  health  law,  and  said  preparations,  compounds,  mixtures  or
    22  substances are of an aggregate weight of twenty-eight grams or  more[.];
    23  or
    24    9.  one  or  more  preparations,  compounds,  mixtures  or  substances
    25  containing a synthetic cannabinoid as  defined  in  subdivision  (g)  of
    26  schedule  I of section thirty-three hundred six of the public health law
    27  and said preparations, compounds,  mixtures  or  substances  are  of  an
    28  aggregate weight of one ounce or more.
    29    §  7.  Subdivision  15 of section 220.09 of the penal law, as added by
    30  chapter 264 of the laws of 2003, is amended and a new subdivision 16  is
    31  added to read as follows:
    32    15.  one  or  more  preparations,  compounds,  mixtures  or substances
    33  containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
    34  subdivision (e) of schedule I of section thirty-three hundred six of the
    35  public  health  law,  and  said  preparations,  compounds,  mixtures  or
    36  substances are of an aggregate weight of two hundred grams  or  more[.];
    37  or
    38    16.  one  or  more  preparations,  compounds,  mixtures  or substances
    39  containing a synthetic cannabinoid as  defined  in  subdivision  (g)  of
    40  schedule  I of section thirty-three hundred six of the public health law
    41  and said preparations, compounds,  mixtures  or  substances  are  of  an
    42  aggregate weight of four ounces or more.
    43    §  8. Subdivision 13 of section 220.16 of the penal law, as amended by
    44  chapter 75 of the laws of 1995, is amended and a new subdivision  14  is
    45  added to read as follows:
    46    13.    phencyclidine  and  said  phencyclidine weighs one thousand two
    47  hundred fifty milligrams or more[.]; or
    48    14. one  or  more  preparations,  compounds,  mixtures  or  substances
    49  containing  a  synthetic  cannabinoid  as  defined in subdivision (g) of
    50  schedule I of section thirty-three hundred six of the public health  law
    51  and  said  preparations,  compounds,  mixtures  or  substances are of an
    52  aggregate weight of ten pounds or more.
    53    § 9. Subdivision 3 of section 220.34 of the penal law, as  amended  by
    54  chapter  537 of the laws of 1998, is amended and a new subdivision 10 is
    55  added to read as follows:

        S. 2836--C                          5
 
     1    3. concentrated cannabis as defined in [paragraph (a) of]  subdivision
     2  four of section thirty-three hundred two of the public health law; or
     3    10.  one  or  more  preparations,  compounds,  mixtures  or substances
     4  containing a synthetic cannabinoid as  defined  in  subdivision  (g)  of
     5  schedule  I of section thirty-three hundred six of the public health law
     6  and said preparations, compounds,  mixtures  or  substances  are  of  an
     7  aggregate weight of one ounce or more.
     8    §  10.  Subdivision  9 of section 220.39 of the penal law, as added by
     9  chapter 410 of the laws of 1979, is amended and a new subdivision 10  is
    10  added to read as follows:
    11    9.  a  narcotic  preparation  to  a  person less than twenty-one years
    12  old[.] ; or
    13    10. one  or  more  preparations,  compounds,  mixtures  or  substances
    14  containing  a  synthetic  cannabinoid  as  defined in subdivision (g) of
    15  schedule I of section thirty-three hundred six of the public health  law
    16  and  said  preparations,  compounds,  mixtures  or  substances are of an
    17  aggregate weight of sixteen ounces or more.
    18    § 11. This act shall take effect on  the  one  hundred  eightieth  day
    19  after it shall have become a law; provided, however, that, notwithstand-
    20  ing  the  provisions  of  any law to the contrary, for ninety days after
    21  this act shall have become law, section 220.03, 220.06, 220.09,  220.16,
    22  220.18,  220.21, 221.05, 221.10, 221.15, 221.20, 221.25 or 221.30 of the
    23  penal law shall not  be  enforced  with  regard  to  the  possession  of
    24  synthetic  cannabinoids,  as defined in section 3302 and section 3306 of
    25  the public health law, except that enforcement of such provisions of the
    26  penal law shall be  allowed  during  this  period  with  regard  to  the
    27  possession  of  substances containing more than two and one-half percent
    28  by weight of delta-9 tetrahydrocannabinol, or its isomer, delta-8 diben-
    29  zopyran numbering system, or delta-1 tetrahydrocannabinol or its isomer,
    30  delta 1(6) monoterpene numbering system.
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