New York A 1323: Relates to synthetic cannabinoids, synthetic cannabinoid analog and substituted cathinones and prohibiting the production and sale thereof

Bill Text

STATE OF NEW YORK
________________________________________________________________________
1323
2021-2022 Regular Sessions
IN ASSEMBLY
January 8, 2021
___________
Introduced by M. of A. MAGNARELLI, BARCLAY, COOK, SIMON, PEOPLES-STOKES,
GALEF, OTIS, WOERNER, JEAN-PIERRE -- Multi-Sponsored by -- M. of A.
HYNDMAN, RAMOS -- read once and referred 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:
1 Section 1. Section 3302 of the public health law is amended by adding
2 three new subdivisions 44, 45 and 46 to read as follows:
3 44. "Synthetic cannabinoid" means any chemical compound that is chemi-
4 cally synthesized and:
5 (a) has been demonstrated to have a binding activity at one or more
6 cannabinoid receptors; or
7 (b) is a chemical isomer, salt or salt of an isomer of a compound that
8 has been demonstrated to have binding activity at one or more cannabi-
9 noid receptors; or
10 (c) has been designated in regulation by the commissioner as being a
11 synthetic cannabinoid or synthetic cannabinoid analog.
12 "Synthetic cannabinoid" does not include any product that has been
13 approved for medical use by the United States Food and Drug Adminis-
14 tration.
15 45. "Synthetic cannabinoid analog" means any chemical that is substan-
16 tially similar in chemical structure to a chemical compound that has
17 been determined to have binding activity at one or more cannabinoid
18 receptors. It does not include any products that have been approved for
19 medical use by the United States Food and Drug Administration.
20 46. "Substituted cathinone" means any chemical compound that is chemi-
21 cally synthesized and:
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD01776-01-1

A. 1323 2
1 (a) is a compound listed in paragraph five, eight or nine of subdivi-
2 sion (f) of Schedule I of section thirty-three hundred six of this arti-
3 cle, or
4 (b) has been designated in regulation by the commissioner as having a
5 chemical structure derivative of cathinone, or
6 (c) any compound, other than buproprion, that is structurally derived
7 from 2-amino-1-phenyl-1-propanone by modification in any of the follow-
8 ing ways:
9 (i) by substitution in the phenyl ring to any extent with alkyl,
10 alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not
11 further substituted in the phenyl ring by one or more other univalent
12 substituents;
13 (ii) by substitution at the three-position with an alkyl substitutent;
14 (iii) by substitution at the nitrogen atom with alkyl or dialkyl
15 groups, or by inclusion of the nitrogen atom in a cyclic structure.
16 § 2. Subdivisions 5 and 6 of section 220.00 of the penal law, subdivi-
17 sion 5 as amended by chapter 537 of the laws of 1998, and subdivision 6
18 as amended by chapter 1051 of the laws of 1973, are amended to read as
19 follows:
20 5. "Controlled substance" means any substance listed in schedule I,
21 II, III, IV or V of section thirty-three hundred six of the public
22 health law other than marihuana, but including concentrated cannabis as
23 defined in paragraph (a) of subdivision four of section thirty-three
24 hundred two of such law, and substituted cathinones as defined in
25 .section thirty-three hundred two of the public health law
26 6. "Marihuana" means "marihuana" [ ] "concentrated cannabis"or , ,
27 as those terms"synthetic cannabinoid" or "synthetic cannabinoid analog"
28 are defined in section thirty-three hundred two of the public health
29 law.
30 § 3. The general business law is amended by adding a new section 399-
31 hh to read as follows:
32 § 399-hh. Sale of synthetic cannabinoid, synthetic cannabinoid analog
33 and substituted cathinone prohibited. 1. For purposes of this section,
34 "synthetic cannabinoid" means any substance defined by subdivision
35 forty-four or forty-five of section thirty-three hundred two of the
36 public health law and "substituted cathinone" means any substance
37 defined by subdivision forty-six of section thirty-three hundred two of
38 the public health law.
39 2. No person, corporation, partnership or limited liability company
40 shall knowingly sell or offer for sale any form of synthetic cannabi-
41 noid, substituted cathinone or any other substance intended to act as or
42 advertised as an alternative form of a controlled substance. No person,
43 corporation, partnership or limited liability company shall offer any
44 substance for sale where there has been an explicit or implied claim
45 made by the selling party that the substance sold will mimic or approxi-
46 mate the same effects of cannabinoid, synthetic cannabinoid, substituted
47 cathinone or any other substa