What's happening
This bill defines and bans the production and sale of synthetic cannabinoids, their analogs, and substituted cathinones in New York.
Why it matters
Expands definitions in law. By clearly defining "synthetic cannabinoid," "synthetic cannabinoid analog," and "substituted cathinone," the bill closes loopholes that previously allowed manufacturers to slightly alter chemical formulas to evade regulation, making it harder to skirt the law with new or modified substances.
Targets both sellers and manufacturers. The bill not only bans the sale but also the production of these substances, aiming to disrupt the entire supply chain and make it more difficult for synthetic drug products to reach consumers.
Introduces strict penalties and enforcement tools. Penalties include significant fines, potential misdemeanor or felony charges (especially for repeat offenders or sales to minors), and empowers the Attorney General to seek court injunctions. This gives authorities stronger legal tools to deter and punish violations.
Aligns state law with evolving drug trends. By allowing the health commissioner to designate new substances as synthetic cannabinoids or cathinones via regulation, the law ensures New York can quickly respond to new chemical variants without waiting for legislative changes, keeping pace with rapidly emerging designer drugs.
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Ban Synthetic Drug Sales
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to health
- Referred to health
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.
Ban Synthetic Drug Sales
In Assembly Committee · Health · Sponsor William Magnarelli
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3829
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, the penal law and the general business law, in relation to synthetic cannabinoids, synthetic cannabinoid analog and substituted cathinones and prohibiting the production and sale thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3302 of the public health law is amended by adding three new subdivisions 44, 45 and 46 to read as follows:
44. "Synthetic cannabinoid" means any chemical compound that is chemically synthesized and:
(a) has been demonstrated to have a binding activity at one or more cannabinoid receptors; or
(b) is a chemical isomer, salt or salt of an isomer of a compound that has been demonstrated to have binding activity at one or more cannabinoid receptors; or
(c) has been designated in regulation by the commissioner as being a synthetic cannabinoid or synthetic cannabinoid analog.
"Synthetic cannabinoid" does not include any product that has been approved for medical use by the United States Food and Drug Administration.
45. "Synthetic cannabinoid analog" means any chemical that is substantially similar in chemical structure to a chemical compound that has been determined to have binding activity at one or more cannabinoid receptors. It does not include any products that have been approved for medical use by the United States Food and Drug Administration.
46. "Substituted cathinone" means any chemical compound that is chemically synthesized and:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00550-01-7
S. 3829 2
(a) is a compound listed in paragraph five, eight or nine of subdivision (f) of Schedule I of section thirty-three hundred six of this article, or
(b) has been designated in regulation by the commissioner as having a chemical structure derivative of cathinone, or
(c) any compound, other than buproprion, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:
(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
(ii) by substitution at the three-position with an alkyl substitutent;
(iii) by substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
§ 2. Subdivisions 5 and 6 of section 220.00 of the penal law, subdivision 5 as amended by chapter 537 of the laws of 1998, and subdivision 6 as amended by chapter 1051 of the laws of 1973, are amended to read as follows:
5. "Controlled substance" means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law other than marihuana, but including concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of such law, and substituted cathinones as defined in section thirty-three hundred two of the public health law.
6. "Marihuana" means "marihuana" [or], "concentrated cannabis", "synthetic cannabinoid" or "synthetic cannabinoid analog" as those terms are defined in section thirty-three hundred two of the public health law.
§ 3. The general business law is amended by adding a new section 399- hh to read as follows:
§ 399-hh. Sale of synthetic cannabinoid, synthetic cannabinoid analog and substituted cathinone prohibited. 1. For purposes of this section, "synthetic cannabinoid" means any substance defined by subdivision forty-four or forty-five of section thirty-three hundred two of the public health law and "substituted cathinone" means any substance defined by subdivision forty-six of section thirty-three hundred two of the public health law.
2. No person, corporation, partnership or limited liability company shall knowingly sell or offer for sale any form of synthetic cannabinoid, substituted cathinone or any other substance intended to act as or advertised as an alternative form of a controlled substance. No person, corporation, partnership or limited liability company shall offer any substance for sale where there has been an explicit or implied claim made by the selling party that the substance sold will mimic or approximate the same effects of cannabinoid, synthetic cannabinoid, substituted cathinone or any other substance intended to act as or advertised as an alternative form of a controlled substance.
3. Whether a violation of this section has occurred is a question of law for the court.
4. Whenever there shall be a violation of this section an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or
S. 3829 3
justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. A violation of the provisions of this section shall be an offense punishable by a penalty of five thousand dollars for each separate violation. A violation of the provisions of this section after having been previously convicted of such an offense within the previous five years shall be a class A misdemeanor punishable by a fine of ten thousand dollars for each separate violation. The penalties for any such violation should include such an illegal sale that having been made to a person under the age of eighteen shall be a class E felony as defined in the penal law.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, the penal law and the general business law, in relation to synthetic cannabinoids, synthetic cannabinoid analog and substituted cathinones and prohibiting the production and sale thereof
Purpose
To prohibit the sale and distribution of synthetic cannabinoids (synthetic marijuana) and substituted cathinones (bath salts) by adding, it to the control substance list.
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."
Read the full memo (771 words)
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
2015-2016: A.8697/S.4720A 2013-2014: A.6971/ S. 5401
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.