 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3518
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 24, 2017
                                       ___________
 
        Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
 
        AN ACT to amend the public health law and the penal law, in relation  to
          controlled substances
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 4 of section 3302 of the public health law,  as
     2  added  by  chapter  878 of the laws of 1972 and as renumbered by chapter
     3  537 of the laws of 1998, is amended to read as follows:
     4    4. "Concentrated Cannabis" means
     5    [(a)] the separated resin, whether crude or purified, obtained from  a
     6  plant of the genus Cannabis[; or
     7    (b)  a  material,  preparation,  mixture,  compound or other substance
     8  which contains more than two and one-half percent by weight  of  delta-9
     9  tetrahydrocannabinol,  or  its  isomer,  delta-8  dibenzopyran numbering
    10  system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
    11  terpene numbering system].
    12    § 2. Section 3302 of the public health law is amended by adding a  new
    13  subdivision 44 to read as follows:
    14    44.  "Synthetic  cannabinoid"  shall  have  the  meaning  set forth in
    15  section thirty-three hundred six of this title.
    16    § 3. Paragraph 21 of subdivision (d) of schedule I of section 3306  of
    17  the  public  health law, as added by chapter 664 of the laws of 1985, is
    18  amended by to read as follows:
    19    (21) Tetrahydrocannabinols.  [Synthetic  equivalents   of   the]   The
    20  substances  contained  in  the  plant, or in the resinous extractives of
    21  cannabis, sp. and/or synthetic substances, derivatives, and their  isom-
    22  ers with similar chemical structure and pharmacological activity such as
    23  the following:
    24    /\1 cis or trans tetrahydrocannabinol, and their optical isomers
    25    /\6 cis or trans tetrahydrocannabinol, and their optical isomers

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07711-01-7

        S. 3518                             2
 
     1    /\3,  4  cis  or  trans  tetrahydrocannabinol, and its optical isomers
     2  (since nomenclature of these substances is not internationally standard-
     3  ized, compounds of these structures, regardless of numerical designation
     4  of atomic positions covered).
     5    § 4. Schedule I of section 3306 of the public health law is amended by
     6  adding a new subdivision (g) to read as follows:
     7    (g) (1) Unless specifically excepted or unless listed in another sche-
     8  dule,  any  material,  compound,  mixture,  or  preparation  that is not
     9  approved by the federal food and drug administration  (FDA),  and  which
    10  contains  any  quantity of synthetic cannabinoids, or which contains any
    11  of its salts, isomers (whether optical, positional, or geometric), homo-
    12  logues (analogs), and salts of isomers and homologues (analogs), whenev-
    13  er the existence of such salts, isomers, homologues (analogs), and salts
    14  of isomers and homologues (analogs)  is  possible  within  the  specific
    15  chemical designation.
    16    (2)  As  used  in  this subdivision, the term "synthetic cannabinoids"
    17  means any chemical compound or synthetic equivalent that is a cannbinoid
    18  receptor type 1  (CB1  receptor)  agonist  as  demonstrated  by  binding
    19  studies and functional assays within any of the follow structural class-
    20  es:
    21    (i)  2-(3-Hydroxycyclohexyl)phenol with substitution at the 5-position
    22  of the phenolic ring by alkyl or alkenyl, whether or not substituted  on
    23  the cyclohexyl ring to any extent;
    24    (ii)  3-(1-Naphthoyl)indole  or 3-(1-Naphthylmethane)indole by substi-
    25  tution at the nitrogen atom of the indole ring, whether or  not  further
    26  substituted on the indole ring to any extent, whether or not substituted
    27  on the naphthoyl or naphthyl ring to any extent;
    28    (iii)  3-(1-Naphthoyl)pyrrole  by substitution at the nitrogen atom of
    29  the pyrrole ring, whether or not further substituted in the pyrrole ring
    30  to any extent, whether or not substituted on the naphthoyl ring  to  any
    31  extent;
    32    (iv)  1-(1-Naphthylmethylene)indene  by substitution of the 3-position
    33  of the indene ring, whether or not further  substituted  in  the  indene
    34  ring  to  any extent, whether or not substituted on the naphthyl ring to
    35  any extent;
    36    (v) 3-Phenylacetylindole or 3-Benzoylindole  by  substitution  at  the
    37  nitrogen  atom of the indole ring, whether or not further substituted in
    38  the indole ring to any extent, whether or not substituted on the  phenyl
    39  ring to any extent;
    40    (vi) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP
    41  47,497);
    42    (vii)     5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
    43  (Cannabicyclohexanol; CP 47,497 C8 homologue);
    44    (viii) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018; AM678);
    45    (ix) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
    46    (x) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
    47    (xi) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
    48    (xii) 1-Pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
    49    (xiii) 1-Pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081);
    50    (xiv) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
    51    (xv) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
    52    (xvi) 1-(5-Fluoropentyl)-3-(1-naphthoyl)indole (AM2201);
    53    (xvii) 1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole (AM694);
    54    (xviii) 1-Pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19; RCS-4);
    55    (xix)    1-Cyclohexylethyl-3-(2-methoxyphenylacetyl)indole     (SR-18;
    56  RCS-8);

        S. 3518                             3
 
     1    (xx) 1-Pentyl-3-(2-chlorophenylacetyl)indole (JWH-203);
     2    (xxi) (1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
     3  (UR-144);
     4    (xxii) [1-(5-Fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-
     5  tetramethylcyclopropyl)methanone (5-Fluoro-UR-144; XLR11); and
     6    (xxiii)  N-(1-Adamantyl)-1-pentyl-1H-indazole-3-carboxamide  (APINACA;
     7  AKB48).
     8    (3) The term "synthetic cannabinoids" shall also include:
     9    (i) (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone,
    10  its optical, positional, and geometric isomers, salts and salts of isom-
    11  ers-7144 (Other names: UR-144, 1-pentyl-3-(2,2,3,3- tetramethylcyclopro-
    12  poyl)indole);
    13    (ii) [1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-
    14  tetramethylcyclopropyl)methanone, its optical, positional, and geometric
    15  isomers, salts and salts of isomers-7011 (Other names: 5-fluoro-UR-144,
    16  5-F-UR-144, XLR11, 1-(5-fluoro-pentyl)-3-
    17  (2,2,3,3-tetramethylcyclopropoyl)indole);
    18    (iii) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide, its optical,
    19  positional, and geometric  isomers,  salts  and  salts  of  isomers-7048
    20  (Other names: APINACA, AKB48);
    21    (iv)   Quinolin-8-yl  1-pentyl-1H-indole-3-carboxylate,  its  optical,
    22  positional, and geometric  isomers,  salts  and  salts  of  isomers-7222
    23  (Other names: PB-22; QUPIC);
    24    (v)   Quinolin-8-yl   1-(5-fluoropentyl)-1H-indole-3-carboxylate,  its
    25  optical, positional, and geometric isomers, salts and salts of  isomers-
    26  7225 (Other names: 5-fluoro-PB-22; 5F-PB-22);
    27    (vi) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H- inda-
    28  zole-3-carboxamide,  its  optical,  positional,  and  geometric isomers,
    29  salts and salts of isomers-7012 (Other names: AB-FUBINACA);
    30    (vii) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-
    31  carboxamide, its optical, positional, and geometric isomers,  salts  and
    32  salts of isomers-7035 (Other names: ADB-PINACA);
    33    (viii) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-
    34  indazole-3-carboxamide,  its optical, positional, and geometric isomers,
    35  salts, and salts of isomers-7031 (Other names: AB-CHMINACA);
    36    (ix) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-
    37  carboxamide, its optical, positional, and geometric isomers, salts,  and
    38  salts of isomers-7023 (Other names: AB-PINACA); and
    39    (x) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone,
    40  its  optical,  positional,  and  geometric  isomers, salts, and salts of
    41  isomers-7024 (Other names: THJ-2201).
    42    § 5. Section 220.00 of the penal law is amended by adding a new subdi-
    43  vision 21 to read as follows:
    44    21. "Knowingly" when used in connection with  the  offenses  involving
    45  the possession or sale, or the attempt or conspiracy to possess or sell,
    46  a  synthetic cannabinoid, synthetic cathinone, or a controlled substance
    47  analogue, shall not require knowledge by the defendant of  the  chemical
    48  structure of the substance, but rather, it is sufficient if:
    49    (a)  the  defendant knew or should have known that the substance has a
    50  stimulant, depressant, or hallucinogenic effect on the  central  nervous
    51  system  that  is substantially similar to or greater than the stimulant,
    52  depressant, or hallucinogenic effect on the central nervous system of  a
    53  controlled substance in schedule I or II of section thirty-three hundred
    54  six of the public health law; or
    55    (b)  the defendant represented or intended for the substance to have a
    56  stimulant, depressant, or hallucinogenic effect on the  central  nervous

        S. 3518                             4
 
     1  system  that  is substantially similar to or greater than the stimulant,
     2  depressant, or hallucinogenic effect on the central nervous system of  a
     3  controlled substance in schedule I or II of section thirty-three hundred
     4  six of the public health law.
     5    §  6.  Subdivision  8  of section 220.06 of the penal law, as added by
     6  chapter 264 of the laws of 2003, is amended and a new subdivision  9  is
     7  added to read as follows:
     8    8.  one  or  more  preparations,  compounds,  mixtures  or  substances
     9  containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
    10  subdivision (e) of schedule I of section thirty-three hundred six of the
    11  public  health  law,  and  said  preparations,  compounds,  mixtures  or
    12  substances are of an aggregate weight of twenty-eight grams or  more[.];
    13  or
    14    9.  one  or  more  preparations,  compounds,  mixtures  or  substances
    15  containing a synthetic cannabinoid as  defined  in  subdivision  (g)  of
    16  schedule  I of section thirty-three hundred six of the public health law
    17  and said preparations, compounds,  mixtures  or  substances  are  of  an
    18  aggregate weight of one ounce or more.
    19    §  7.  Subdivision  15 of section 220.09 of the penal law, as added by
    20  chapter 264 of the laws of 2003, is amended and a new subdivision 16  is
    21  added to read as follows:
    22    15.  one  or  more  preparations,  compounds,  mixtures  or substances
    23  containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
    24  subdivision (e) of schedule I of section thirty-three hundred six of the
    25  public  health  law,  and  said  preparations,  compounds,  mixtures  or
    26  substances are of an aggregate weight of two hundred grams  or  more[.];
    27  or
    28    16.  one  or  more  preparations,  compounds,  mixtures  or substances
    29  containing a synthetic cannabinoid as  defined  in  subdivision  (g)  of
    30  schedule  I of section thirty-three hundred six of the public health law
    31  and said preparations, compounds,  mixtures  or  substances  are  of  an
    32  aggregate weight of four ounces or more.
    33    §  8. Subdivision 13 of section 220.16 of the penal law, as amended by
    34  chapter 75 of the laws of 1995, is amended and a new subdivision  14  is
    35  added to read as follows:
    36    13.    phencyclidine  and  said  phencyclidine weighs one thousand two
    37  hundred fifty milligrams or more[.]; or
    38    14. one  or  more  preparations,  compounds,  mixtures  or  substances
    39  containing  a  synthetic  cannabinoid  as  defined in subdivision (g) of
    40  schedule I of section thirty-three hundred six of the public health  law
    41  and  said  preparations,  compounds,  mixtures  or  substances are of an
    42  aggregate weight of ten pounds or more.
    43    § 9. Subdivision 3 of section 220.34 of the penal law, as  amended  by
    44  chapter  537 of the laws of 1998, is amended and a new subdivision 10 is
    45  added to read as follows:
    46    3. concentrated cannabis as defined in [paragraph (a) of]  subdivision
    47  four of section thirty-three hundred two of the public health law; or
    48    10.  one  or  more  preparations,  compounds,  mixtures  or substances
    49  containing a synthetic cannabinoid as  defined  in  subdivision  (g)  of
    50  schedule  I of section thirty-three hundred six of the public health law
    51  and said preparations, compounds,  mixtures  or  substances  are  of  an
    52  aggregate weight of one ounce or more.
    53    §  10.  Subdivision  9 of section 220.39 of the penal law, as added by
    54  chapter 410 of the laws of 1979, is amended and a new subdivision 10  is
    55  added to read as follows:

        S. 3518                             5
 
     1    9.  a  narcotic  preparation  to  a  person less than twenty-one years
     2  old[.] ; or
     3    10.  one  or  more  preparations,  compounds,  mixtures  or substances
     4  containing a synthetic cannabinoid as  defined  in  subdivision  (g)  of
     5  schedule  I of section thirty-three hundred six of the public health law
     6  and said preparations, compounds,  mixtures  or  substances  are  of  an
     7  aggregate weight of sixteen ounces or more.
     8    §  11.  This  act  shall  take effect on the one hundred eightieth day
     9  after it shall have become a law; provided, however, that, notwithstand-
    10  ing the provisions of any law to the contrary,  for  ninety  days  after
    11  this  act shall have become law, section 220.03, 220.06, 220.09, 220.16,
    12  220.18, 220.21, 221.05, 221.10, 221.15, 221.20, 221.25 or 221.30 of  the
    13  penal  law  shall  not  be  enforced  with  regard  to the possession of
    14  synthetic cannabinoids, as defined in section 3302 and section  3306  of
    15  the public health law, except that enforcement of such provisions of the
    16  penal  law  shall  be  allowed  during  this  period  with regard to the
    17  possession of substances containing more than two and  one-half  percent
    18  by weight of delta-9 tetrahydrocannabinol, or its isomer, delta-8 diben-
    19  zopyran numbering system, or delta-1 tetrahydrocannabinol or its isomer,
    20  delta 1(6) monoterpene numbering system.
Relates to certain controlled substances offenses

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