Criminalizes the sale of synthetic cannabinoids

2 Co-sponsors

• Jesse Hamilton
• David J. Valesky

Title of bill

An act to amend the public health law and the penal law, in relation to synthetic cannabinoids and synthetic cathinones

Purpose or general idea of bill

To criminalize the sale and possession with intent to sell synthetic cannabinoids, also known as "K2", "Spike" or "synthetic marijuana"

Summary of specific provisions

Section 1 of the bill amends the definition of concentrated cannabis

Section 2 of the bill defines the terms synthetic cannabinoid and synthetic cathinone.

Section 3 and 4 of the bill list the identified chemical compounds of synthetic cannabinoids and synthetic cathinones. This provision would also include any synthetic cannabinoid that is designated as a controlled substance in federal statute or regulation as designated by the federal Drug Enforcement Administration.

Section 5 of the bill defines the term "knowingly" in relation to the possession or sale of synthetic cannabinoids.

Section 6 of the bill related to criminal possession of a controlled substance in the 7th degree to exclude possession of less than one ounce of synthetic cannabinoids from the statute.

Section 7 of the bill related to criminal possession of a controlled substance in the 5th degree makes the unlawful possession of more than one ounce of synthetic cannainboids in aggregate weight class D felony.

Section 8 of the bill related to criminal possession of a controlled substance in the 4th degree makes the unlawful possession of more than four ounces of synthetic cannabinoids in aggregate weight a Class C felony.

Section 9 of the bill related to criminal possession of a controlled substance in the 3"' degree makes the unlawful possession of ten pounds or more of synthetic cannabinoids in aggregate weight a class Blelony.

Section 10 of the bill related to criminal sale of a controlled substance in the 4th degree makes the unlawful sale of one ounce or more of synthetic cannabinoids in aggregate weight a class C felony.

Section 11 of the bill related to criminal sale of a controlled substance in the 3rd degree makes the unlawful sale of 16 ounces or more of synthetic cannabinoids in aggregate weight a class B felony.

Section 12 states that the Act shall take effect immediately.

Justification

Over the last year, the dangers caused by synthetic cananbinoids (also known as K2, spice, spike and synthetic marijuana) and other synthetic drugs have come to the forefront as Jacobi Hospital in the Bronx has reported at least 10 cases a week of individuals brought to the emergency room due to these drugs. According to the State Department of Health, 4700 New Yorkers were hospitalized due to synthetic cannabinoid exposure between April 1, 2015 and September 3, 2015. These drugs are being sold at local corner stores for as little as $5

for a 4-gram packet, providing easy access and availability to buying these drugs.

In 2012, Governor Cuomo announced an executive order in which the sanitary code was amended to prohibit the sale, distribution or possession of synthetic cannabinoids. However, local law enforcement have indicated that they still lack the power to enforce and prosecute this law. This legislation will criminalize the sale of synthetic cannabinoids under the Controlled Substances Act, giving law enforcement the ability to use wiretaps, asset forfeiture and broader search warrant powers for sale of this drug. Further, felony penalties will serve as a deterrent to criminal enterprises who greatly profit from the sale of this dangerous drug.

Legislative history

New bill

Fiscal implications

None

Effective date

Immediately