Establishes a synthetic cannabinoid and substituted cathinone surrender program and relates to controlled substances; repealer

Summary of provisions

Adds nine classes of synthetic cannabinoids, based on foundational chemical structures, to the controlled Substances Act (CSA)- which should address the current practice of making minor alterations to chemicals to subvert statutes that prohibit distinct substances. Makes penalties for possession and sale similar to marijuana. These substances are similar to marijuana in how they are used, the neurochemical impact they illicit, and the quantities in which they are sold.

Adds substituted cathinones to the CSA based on foundational chemical structures - which should address the current practice of making minor alterations to chemicals to subvert statutes that prohibit distinct chemicals. A direct reference to "methcathinone" is removed because it fits within the class. Makes penalties for possession and sale similar to other stimulants, because these products often referred to as "bath salts," are chemically related to methamphetamines and ecstasy - which are both classified as stimulants.

Requires provisions to allow for the surrender of these substances during the 90 day period after enactment of the law to the appropriate authorities, and requires that a database be maintained to increase awareness of these products and their harmful effects.

Existing law

Currently, these products are not prohibited under either the public health law or the penal law, despite the harm to the individuals who consume them and the public.

Justification

Many recent news reports have brought to light the use of a legal herblike product that is laced with a synthetic cannabinoid that is being smoked by individuals, including teens, known as "fake weed"; as well as the substituted cathinones, known as "bath salts-" While producing a high similar to existing controlled substances, these legal substances can have more dangerous side effects, including hallucinations, vomiting, agitation, increased heart rate, elevated blood pressure and other adverse conditions.

Recognizing the health risks associated with use of synthetic cannabiniods, the State Department of Health has issued an Order for Summary Action ("Order") prohibiting the sale of substances belonging to the classes of synthetic cannabiniods identified in this bill. Citing increased calls to New York State Poison Control centers, and federal action to prohibit the sale and possession of these dangerous substances, the Order prohibits retailers from selling such products -and could allow for the imposition of a fine or other civil penalty against those who violate the Order.

This bill complements the measures taken under the direction of the Governor by adding both synthetic cannabinoids, and the even more dangerous substituted cathinones, to the CSA. Not only does this provide fox the imposition of criminal sanctions, but also makes it a felony to sell such products to a minor or on school grounds. Further, these actions would criminalize possession of such substances - deterring use by law abiding individuals who may otherwise be unaware of the harmful effects of these drugs.

Legislative history

2012: (S.6694-A) Passed Senate / Assembly Health Committee

Fiscal implications

None.

Local fiscal implications

None.

Effective date

90 days after it shall have become a law, with provisions.