What's happening
This bill expands the definitions of "marihuana" to include synthetic cannabinoids and their analogs, making them subject to existing laws.
Why it matters
Closes legal loopholes. by explicitly including synthetic cannabinoids and their analogs in the same regulatory and criminal framework as traditional marijuana, making prosecution and regulation of these substances easier for law enforcement.
Targets emerging drug trends. by using broad, chemistry-based definitions, allowing the law to cover new synthetic cannabinoids as they are developed, rather than waiting for specific compounds to be individually banned.
Exempts legitimate medical products. , ensuring that FDA-approved medications using cannabinoids or related compounds are not inadvertently made illegal, thus protecting access to approved therapies.
Potentially increases penalties. and enforcement actions on possession, sale, or production of synthetic cannabinoids, which have been linked to serious health risks and unpredictable effects, signaling a public health and safety response.
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Define Synthetic Cannabinoid Legally
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.
Define Synthetic Cannabinoids Legally
In Assembly Committee · Health · Sponsor William A. Barclay
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
748
2017-2018 Regular Sessions
IN SENATE
January 4, 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 and the penal law, in relation to synthetic cannabinoids
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 two new subdivisions 44 and 45 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.
"Synthetic cannabinoid" does not include any products that have 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.
§ 2. Subdivision 6 of section 220.00 of the penal law, as amended by chapter 1051 of the laws of 1973, is amended to read as follows:
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. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05511-01-7
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 and the penal law, in relation to synthetic cannabinoids
Purpose
To prohibit the sale and distribution of chemical compounds that mimic the effects of marijuana by adding it to the control substance list. It would also amend the penal law to include synthetic cannabinoids or synthetic cannabinoid analog in the definition of marijuana.
Summary of provisions
Section 1 amends § 3302 of the Public Health Law by adding two new subdivisions. New subdivision 44 defines synthetic cannabinoids as a chemical compound that is chemically synthesized. Synthetic cannabinoids are chemicals that have a binding effect on one or more cannabinoid receptors, or are a chemical isomer, salt or salt of an isomer of a compound that has demonstrated to have a binding activity at one or more cannabinoid receptors. New subdivision 45-synthetic cannabinoid analog is defined as 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. This definition would not apply to any products that have been approved for medical use by the United States Food and Drug Administration.
Read the full memo (754 words)
Section 2 amends Subdivision 6 of § 220.00 of the Penal Law by adding to the definition of marijuana to include synthetic cannabinoid or synthetic cannabinoid analog.
Section 3 is 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. News and medical community reports reveal 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, suicidal thoughts and in some cases death.
Synthetic cannabinoids were developed by former Clemson Professor of organic chemistry, John William Huffman. Funded through the National Institute of Health, Professor Huffman and his team researched and began developing cannabinoid compounds to aid in the treatment of multiple sclerosis, AIDS and chemotherapy. His research developed over 450 synthetic cannabinoid compounds, all which mimic how "cannabinoid receptors" react when smoking or ingesting marijuana. His formula was published in the Journal of Bioorganic and Medicinal Chemistry and it did not take long for underground chemists began creating their own compounds for sale.
There have been recent actions to combat the use of synthetic drugs. In March 2012, an Executive Order was issued banning the sale or distribution of products containing synthetic cannabinoids. The Executive Order applied a civil penalty for non-compliance by businesses. In August, the New York State Department of Health issued new regulations making it illegal to possess certain bath salts and synthetic drugs. Penalties under the new regulation include a tine up to $500 and/or a fifteen day jail sentence for those caught using or selling synthetic drugs. Additionally, in July of 2014, the Federal Government banned several popular types of synthetic marijuana and bath salts in the Food and Drug Safety and Innovation Act.
Despite these various actions taken at the federal, state and in some instances, at the local level, enforcing these bans have proven difficult due to manufacturers' ability to alter chemical compounds and circumvent the law. Shortly after the ban went into effect, it was reported that stores began selling different types of synthetic drugs not included in the list of banned products. This has become a problem for states because banning an item or putting it on the controlled substance list requires knowing the chemical compound of such item. With nearly 400 compounds or more in existence, this has created challenges for many states, including New York.
This legislation bans those products that produce the same effect on a person's cannabinoid receptors, defines synthetic cannabinoid as a controlled substance product, excludes those chemical compounds approved by the FDA and would add synthetic cannabinoids to the definition of marijuana in the Penal Law. This is a comprehensive and proactive approach to addressing this issue rather than waiting to discover a new chemical compound after it reaches the public.
Prior legislative history
2015-2016: S.4712/A5453 2013-2014: S.5379/A.5441 2011-2012: S.6717/A8913
Fiscal implications
None.
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.