Prohibits sale or distribution of any product containing a synthetic cannabinoid; establishes a defense of lack of knowledge of the content of such product

9 Co-sponsors

• Tony Avella
• John A. DeFrancisco
• Martin J. Golden
• Joseph A. Griffo
• Timothy M. Kennedy
• Jeffrey D. Klein
• William J. Larkin Jr.
• Michael H. Ranzenhofer
• Patty Ritchie

BILL NUMBER:S1834A

Title of bill

An act to amend the general business law, in relation to prohibiting the sale or distribution of products containing a synthetic cannabinoid

Purpose

To prohibit the sale or distribution of any product containing a synthetic cannabinoid.

Summary of provisions

Section One - The General Business Law is amended by adding a new section 391-s to define a "synthetic cannabinoid" and prohibits the sale, offering or gift of any products containing such. Sets forth a civil penalty for violations of this section. Creates a defense for persons who unknowingly sell, offer or give away products containing a synthetic cannabinoid if such knowledge was not reasonably discoverable.

Section Two - Sets forth the effective date.

Existing law

New York State Law does not ban the sale or gift of the herb-like products that contain synthetic cannabinoids often known as K2, Spike 99, Spice, Yucatan Fire, Genie, Zohai and many others.

Justification

Many recent news reports have brought to light the use of a legal herb-like product that is laced with a synthetic cannabinoid that is being smoked by individuals, including teens, as "fake weed." While producing a marijuana-like high, dangerous side effects reported include hallucinations, vomiting, agitation, increased heart rate, elevated blood pressure and other adverse conditions.

This product, known as K2, Spike 99, Spice, Yucatan Fire, Genie or Zohai and many others, can often be legally purchased in head shops, smoke shops, tobacco shops or novelty shops. It can also be legally purchased by mail or on the Internet. In fact, the product is often marketed as incense or potpourri and on average sells for $30 to $40 per three gram bag. This price is comparable to what an individual would pay on the street for the illegal substance marijuana.

Even more disturbing is that this type of synthetic cannabinoid has never been tested for safety in humans as it was created for experimental use in animals and cell cultures. In fact, these synthetic cannabinoids have a chemical structure that is shared with many cancer-causing agents.

The United States Drug Enforcement Administration (DEA) has issued intelligence alert bulletins in regard to these substances. In addition, the chemical compounds outlined in this legislation are on the DEA's Office of Diversion Control's list of "Drugs and Chemicals of Concern."

While the synthetic ingredients in these herb-like products which mimic those of the illegal drug marijuana are banned throughout much of Europe, bans are only beginning to take place in the United States. Legislation banning these products recently was signed into law in Kansas making it the first state in the nation to ban this type of dangerous product. Legislation is also pending in Kentucky, Missouri and Tennessee as of March 2010.

Legislative history

2010: S.7081A - Reported out of Consumer Protection; Committed to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law.