Relates to synthetic cannabinoid

Summary of specific provisions

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

Subdivision 42 - 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 43 - 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 fox medical use by the United States Food and Drug Administration.

Section 2 of the bill amends Subdivision 6 of Section 220.00 of the Penal Law by adding to the definition of marijuana to include synthetic cannabinoid or synthetic cannabinoid analog.

Section 3 sets forth the effective date.

Justification

Synthetic drugs, those that mimic the effects of banned drugs, have increasingly become a public safety concern throughout the country. To circumvent state and federal drug laws, the manufacturers of these synthetic drugs market their products under the guise of being a commonly used product, such as bath salts or incense. As a result, a person can purchase these items at a local convenience store, smoke shop or on the internet.

News reports and the medical community reported that the users of these Products were having strong psychotic effects as a result of ingesting or smoking the drug, including extreme paranoia, hallucinations, hypertension, suicidal thoughts and in some cases death.

Synthetic cannabinoids were developed by former Clemson Professor of organic chemistry, John William Huffman, Funded through the National Institute of Health, Professor Huffman and his team researched and

began developing cannabinoid compounds to aid in the treatment of multiple sclerosis, AIDS and chemotherapy. His research developed over 450 synthetic cannabinoid compounds - all which mimicked the after effect of how "cannabinoid receptors" react when smoking or ingesting marijuana.

His formula was published in the Journal of Bioorganic and Medicinal Chemistry and it didn't take long for underground chemists to begin creating their own compounds for sale.

There have been recent actions to combat the use of synthetic drugs. In March 2012, an Executive Order was issued banning the sale or distribution of Products containing synthetic cannabinoids. The Executive Order applied a civil penalty for non-compliance by businesses. In August, the New York State Department of Health issued new regulations making it illegal to possess certain bath salts and synthetic drugs. Penalties under the new regulation include a fine up to $500 and/or a fifteen day jail sentence for those caught using or selling synthetic drugs.

Additionally, in July, the Federal Government banned several popular types of synthetic marijuana and bath salts in the Food and Drug Safety and Innovation Act.

Despite these various actions taken at the federal, state, and in some instances, at the local level, enforcing these bans have proven difficult due to manufacturers' ability to alter chemical compounds and circumvent the law. Shortly after the ban went into effect, it was reported that stores began selling different types of synthetic drugs not included in the list of banned products.

Further, this has become a problem for states because banning an item or putting it on the controlled substance list requires knowing the chemical compound of such item. With nearly 400 compounds, or more, in existence this has created challenges for many states, including New York.

Because of this, states, such as Colorado, have looked at banning those chemical compounds that produce the same effect on a person's cannabinoid receptors. This would not ban those products or chemical compounds that were approved for medical use under the United States Food and Drug Administration. The Governor of Colorado signed this legislation into law on June 2, 2011.

This legislation follows the path taken in Colorado. It bans those products which produce the same effect on a person's cannabinoid receptors. It defines synthetic cannabinoid as a controlled substance This legislation excludes those chemical compounds approved by the FDA. And, it would add synthetic cannabinoids to the definition of marijuana in the Penal Law. This is a comprehensive and proactive approach to addressing this issue. It does not wait for the discovery of a new chemical compound after it reaches the public.

Prior legislative history

2012: S.6717 - Referred to Health.

Fiscal implications

None.

Effective date

Immediately.