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Sponsors
3 Co-sponsors
History
- Referred to economic development
- Returned to assembly
- Repassed senate
- Amended on third reading 6040b
- Vote reconsidered - restored to third reading
- Returned to senate
- Recalled from assembly
- Referred to economic development
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.54
- Committee discharged and committed to rules
Show 4 earlier actions
- Print number 6040a
- Amend (t) and recommit to consumer protection
- Referred to consumer protection
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Prohibits the sale and distribution of synthetic cannabinoids; and establishes a statewide synthetic cannabinoid surrender program
In Assembly Committee · Economic Development · Sponsor Mark Gjonaj
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to establish a statewide synthetic cannabinoid surrender program within the department of health; and to amend the general business law, the tax law and the alcoholic beverage control law, in relation to prohibiting the sale of synthetic cannabinoids
Purpose or general idea of bill
The bill prohibits the sale of synthetic cannabinoids by any retailer and provides punishment to those retailers who violate this prohibition. The bill punishes retailers with civil fines for selling synthetic cannabinoids and for the most egregious violators jeopardizes their ability to sell cigarettes, alcohol, and lottery tickets.
Summary of specific provisions
§ 1 - Creates a cannabinoid surrender program.
Read the full memo (687 words)
§ 2 - Amends the general business law to prohibit the sale of synthetic cannabinoids. Additionally this section provides a $2,000 fine for the first violation, a $5,000 fine for the second violation, and a third violation will result in the retailer's inability to sell cigarettes, alcohol, or lottery tickets.
§ 3 - Amends the tax law to prohibit the issuance of a license to sell cigarettes to retailers who have violated the synthetic cannabinoids ban three or more times within a five year period.
§ 4 - Amends the tax law to suspend a license to sell cigarettes for retailers who have violated the synthetic cannabinoids ban three or more times within a five year period.
§ 5 - Amends the tax law to prohibit the issuance of a license to sell lottery tickets to retailers who have violated the synthetic cannabinoids ban three or more times within a five year period.
§ 6 - Amends the tax law to suspend a license to sell lottery tickets to retailers who have violated the synthetic cannabinoids ban three or more times within a five year period.
§ 7 - Amends the alcoholic beverage control law to prohibit the issuance of a license to sell alcohol for off-premise consumption to retailers who have violated the synthetic cannabinoids ban three or more times within a five year period.
§ 8 - Amends the alcoholic beverage control law to prohibit the issuance of a license to sell alcohol for on-premise consumption to retailers who have violated the synthetic cannabinoids ban three or more times within a five year period.
§ 9 - Amends the alcoholic beverage control law to empower the State Liquor Authority to revoke a license to sell alcohol for any retailer who has violated the synthetic cannabinoids ban three or more times within a five year period.
§ 10 - allows municipalities to enact their own local laws related to license revocations for businesses that manufacture, distribute, or sell synthetic cannabinoids.
§ 11- Act will take effect one hundred eighty days after becoming law.
Justification
Over the last year, the dangers caused by synthetic cannabinoids (also known as K2 or spice) and other synthetic drugs have come to the fore-front as localities deal with an influx of synthetic drug related hospitalizations and related crime. The NYPD reported that over 1,900 people were admitted to hospital emergency rooms in NYC between April 1 and June 30, 2015. These drugs are being sold at local stores, providing easy access to potential consumers.Under federal law, the sale of synthetic marijuana is prohibited if sold for human consumption. However, sellers of synthetic cannabinoids have exploited a loophole in federal law by labeling packages of synthetic cannabinoids as not intended for human consumption, instead being sold as a type of incense.
Moreover, federal law enforcement lacks the resources to prosecute these low level drug offenses, requiring a legislative solution under state law. 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. Therefore, in order to curtail the sale of synthetic cannabinoids this bill gives local authorities the ability to target retailers who sell synthetic cannabinoids and punish them appropriately.
Prior legislative history
New bill.
Fiscal implications
None to the State.
Effective date
This act shall take effect on the 180th day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.