What's happening
This bill establishes a statewide program for surrendering synthetic cannabinoids and prohibits their sale, imposing penalties and license restrictions for violations.
Why it matters
Provides a temporary, anonymous way for individuals to surrender synthetic cannabinoids. This "amnesty" period encourages removal of these substances from circulation without fear of prosecution, potentially reducing public health risks quickly.
Creates strong financial and business consequences for violations. Not only are civil penalties imposed for selling or distributing synthetic cannabinoids, but repeat violators lose the ability to sell tobacco, lottery tickets, and alcohol for five years, which could significantly affect small business revenues and operations.
Establishes a broad and inclusive definition of synthetic cannabinoids. By covering all cannabinoid receptor agonists not already classified as controlled substances, the bill anticipates new synthetic drugs and closes loopholes that manufacturers might exploit.
Empowers both state and local authorities to enforce stricter standards. The law explicitly allows municipalities to enact and enforce additional penalties or licensing consequences for businesses violating synthetic cannabinoid laws, possibly leading to varied responses across New York State.
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Who cares
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Ban Synthetic Cannabinoid Sales
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
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 Cannabinoid Sales
In Assembly Committee · Economic Development · Sponsor Michael DenDekker
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3104
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby established, within the department of health, a statewide synthetic cannabinoid surrender program. Such program shall, for a period of 90 days after the effective date of this section, in compliance with federal law operate as the statewide synthetic cannabinoid surrender program whereby any individual, at multiple geographic locations throughout the state, may anonymously surrender to the department of health any product containing a synthetic cannabinoid, as defined in section 399-hh of the general business law. Provided further, that no surrender of a synthetic cannabinoid pursuant to this section shall be deemed to be a sale for any purpose of law, rule or regulation.
§ 2. The general business law is amended by adding a new section 399- hh to read as follows:
§ 399-hh. Sale or distribution of synthetic cannabinoid; prohibited. 1. For the purposes of this section, "synthetic cannabinoid" means any chemical compound that is a cannabinoid receptor agonist and shall include, but not be limited to, any material, compound, mixture or preparation that is not designated as a controlled substance pursuant to section thirty-three hundred six of the public health law; provided, however, that the term "synthetic cannabinoid" shall not include any product approved by the United States Food and Drug Administration as a drug or medical device, or approved by the commissioner of health pursuant to title five-A of article thirty-three of the public health law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09037-01-9
S. 3104 2
2. No person, firm, corporation, partnership, association, limited liability company or other entity shall sell, offer for sale, distribute or give away, for retail, wholesale or promotional purposes any synthetic cannabinoid.
3. Any person, firm, corporation, partnership, association, limited liability company or other entity that is found by a local criminal court, as defined in subdivision three of section 10.10 of the criminal procedure law, to have violated the provisions of subdivision two of this section shall be subject to a civil penalty of two thousand dollars; provided, however, that upon a finding of a second or subsequent violation within any period of five years, the violator shall be subject to a civil penalty of five thousand dollars; and provided, further, that upon a finding of a third or subsequent violation within any period of five years, the court shall provide notice thereof to the commissioner of taxation and finance, the division of the lottery and the state liquor authority, and the violator shall be prohibited from selling cigarettes and tobacco products, lottery tickets, and alcoholic beverages for a period of five years.
§ 3. Paragraphs (e) and (f) of subdivision 2 of section 480 of the tax law, as amended by chapter 744 of the laws of 1990, are amended and a new paragraph (g) is added to read as follows:
(e) Any controlling person of such applicant has committed any of the acts specified in subdivision three of this section within the preceding five years, [or]
(f) Such applicant or any controlling person has been finally determined to have violated any of the provisions of this article or article twenty-A of this chapter, or any rule or regulation adopted pursuant to this article or article twenty-A of this chapter[.], or
(g) Such applicant or any controlling person has been determined to have violated subdivision two of section three hundred ninety-nine-hh of the general business law, three or more times during a period of five years; in such case the violator shall be denied a license for a period of five years after the last such violation.
§ 4. Subparagraphs (iii) and (iv) of paragraph (b) of subdivision 3 of section 480 of the tax law, subparagraph (iii) as added by chapter 860 of the laws of 1987 and subparagraph (iv) as amended by chapter 61 of the laws of 1989, are amended and a new subparagraph (v) is added to read as follows:
(iii) Has impersonated any person represented to be a wholesale dealer under this article but not in fact licensed under this section, [or]
(iv) Has knowingly aided and abetted the sale of cigarettes or tobacco products by a person which such licensee or controlling person knows (A) has not been licensed by the commissioner of taxation and finance and (B) is a wholesale dealer pursuant to the terms of subdivision eight of section four hundred seventy of this [chapter.] article, or
(v) Has been determined to have violated subdivision two of section three hundred ninety-nine-hh of the general business law, three or more times during a period of five years; in such case the violator's license shall be cancelled or suspended for a period of five years.
§ 5. Subdivision a of section 1605 of the tax law, as amended by chapter 217 of the laws of 2011, is amended to read as follows:
a. The division may license as agents to sell lottery tickets such persons as in its opinion will best serve public convenience, except that no license shall be issued to any person to engage in business exclusively as a lottery sales agent; and provided, further, that no license shall be issued to any person who has been determined to have
S. 3104 3
violated subdivision two of section three hundred ninety-nine-hh of the general business law, three or more times during a period of five years; in such case the violator shall be denied a license for a period of five years after the last such violation. The division may license such persons as in its opinion are suitable to participate in video lottery gaming pursuant to section sixteen hundred seventeen-a of this article.
§ 6. Section 1607 of the tax law is amended by adding a new subdivision i to read as follows:
i. Three or more violations of subdivision two of section three hundred ninety-nine-hh of the general business law, within any period of five years, in which case, the division shall suspend the violator's license for a period of five years.
§ 7. Section 105 of the alcoholic beverage control law is amended by adding a new subdivision 4 to read as follows:
4. No person shall receive a license to engage in the retail sale of alcoholic beverages for off-premises consumption, who has been determined to have violated subdivision two of section three hundred ninetynine-hh of the general business law, three or more times during a period of five years; in such case the violator shall be denied a license for a period of five years after the last such violation.
§ 8. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 4-b to read as follows:
4-b. No person shall receive a license to engage in the retail sale of alcoholic beverages for on-premises consumption, who has been determined to have violated subdivision two of section three hundred ninety-nine-hh of the general business law, three or more times during a period of five years; in such case the violator shall be denied a license for a period of five years after the last such violation.
§ 9. Section 118 of the alcoholic beverage control law is amended by adding a new subdivision 1-a to read as follows:
1-a. A license or permit issued pursuant to this chapter shall be suspended for a period of five years when the holder thereof has been determined to have violated subdivision two of section three hundred ninety-nine-hh of the general business law, three or more times during a period of five years.
§ 10. Construction with other laws. Nothing in this act shall be construed to limit or restrict any municipality from enacting or enforcing a local law or ordinance governing a license issued by a municipality where such business was found to have unlawfully manufactured, distributed or sold a synthetic cannabinoid or synthetic phenthylamine.
§ 11. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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 (730 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 cannabi- noids 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 hospi- talizations 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. Howev- er, 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. This bill was amended in 2018 to alter the defi- nition of "synthetic cannabinoid" to exclude those products approved by the U.S. Food and Drug Administration or the NYS Department of Health.
Prior legislative history
2015-16: S6040B - Passed Senate 2017-18: S5619 - Passed Senate/3rd Reading Cal.
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.