Relates to synthetic cannabinoids, synthetic cannabinoid analog and substituted cathinones and prohibiting the production and sale thereof

Summary of provisions

Section 1 of the bill adds three new subdivisions, to § 3302 of the Public Health Law defining "synthetic cannabinoids," "synthetic cannabinoid analog," and "substituted cathinone."

Section 2 amends subdivisions five and six of § 220.00 of the Penal Law by adding to the definition of marijuana, synthetic cannabinoid and synthetic cannabinoid analog, and including substituted cathinones in the definition of controlled substance.

Section 3 amends the General Business law by adding a new section 399-hh to prohibit the sale of synthetic cannabinoids, synthetic cannabiniod analogs, and substituted cathinones.

Section 4 provides the effective date.

Justification

Synthetic drugs, those that mimic the effects of banned drugs have increasing 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.

When smoked or snorted, bath salts produce a reaction similar to what cocaine produces. Likewise, synthetic cannabinoid ("synthetic marijuana") produces similar reactions to smoking or ingesting marijuana. News reports, the medical community and the Poison Control Center have 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 and suicidal thoughts.

Addressing this issue has proven to be a difficult task. As previously stated, these products are labeled as other goods, such as shoe deodorant, bath salts, or incense. Despite the various state and federal laws and regulations that have been adopted to combat the sale and use of these products, synthetic drug manufacturers have been successful in circumventing the law because the state and federal government bans synthetic marijuana and bath salts compounds. Makers of these products continue to alter the chemical composition of these

drugs and they continue to mislabel these products which are sold in stores.

The comprehensive reform proposed by this legislation addresses the issue of mislabeling and chemical compound swapping, and implements stricter penalties. In respect to synthetic cannabinoids, a.k.a. synthetic marijuana, the bill bans products that produce the same effect on a person's cannabinoid receptors and creates penalties for possession in line with marijuana possession. For substituted cathinones, it bans certain molecular structures and expands the previous law banning bath salts. Additionally, it adds it to the controlled substance list and creates penalties for possession.

One important component of this legislation is that it gives the Commissioner of the Department of Health broad powers to add synthetic drugs to the list of prohibited substances without requiring the Legislature to enact legislation to do so. This allows the Commissioner to act immediately if necessary to add synthetic drugs to the list of prohibited substances and it eliminates the need for the legislature to revisit this issue each time a new chemical compound is introduced. This is a proactive approach to addressing the issue of chemical swapping.

Lastly, this legislation addresses the sale of these products in stores, such as convenience stores and head shops. The structure established here is analogous to that enacted in Illinois and similarly prohibits the sale of synthetic drugs based on mislabeling. Under this legislation, if a person believes that a store is selling synthetic drugs, they may file a complaint with the Office of the Attorney General. Based on the evidence provided, the Attorney General can make an application to the court requesting a special procedure to issue an injunction to stop selling the product. If it is determined by the court that the store violated the law of mislabeling there are a series of penalties. For the first violation, the penalty is $5,000 for each separate violation. For any subsequent violations within 5 years, the penalty will be a Class A misdemeanor punishable by a fine of $10,000 for each violation. If the store sold the mislabeled synthetic drag to a minor, the penalty would be a Class E Felony.

Prior legislative history

2013-2014: A. 6971/ S. 5401

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.