Relates to controlled substances; defines synthetic cannabis

9 Co-sponsors

• Patrick M. Gallivan
• Martin J. Golden
• Betty Little
• Kathleen A. Marchione
• Jack M. Martins
• Terrence P. Murphy
• Michael H. Ranzenhofer
• Patty Ritchie
• Susan Serino

Title of bill

An act to amend the public health law and the penal law, in relation to controlled substances

Purpose

To classify synthetic cannabinoids (the herb-like products that contain synthetic cannabinoids often known as K2, Spike 99, Spice, Yucatan Fire, Genie, Zohai and many others)as Schedule I controlled substances.

Summary of provisions

Adds 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. Adds these substances to the controlled substance possession and sale offenses.

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 to the CSA. Not only does this provide for 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

2015: (S.2836-B) Passed Senate 2014: (S.1686) Reported to Finance 2013: (S,1686) Passed Senate 2012: (S.6694-A) Passed Senate / Assembly Health Committee

Fiscal implications

None.

Local fiscal implications

None.

Effective date

One-hundred eighty days with provisions.