Bill Criminalizing Sale of Synthetic Drugs Passes in State Senate

The New York State Senate recently passed a bill sponsored by Sen. John Flanagan, R-East Northport, to criminalize the sale and possession of synthetic marijuana and bath salts.

Under the provisions of the bill, penalties for the sale and possession of synthetic marijuana and “bath salts” would be similar to those of marijuana and methamphetamines, respectively. For instance, sale of these substances to a minor, or on or near school grounds, would constitute a class B felony punishable by up to 25 years imprisonment.

Synthetic marijuana or fake pot are herbs sprayed with chemicals called synthetic cannabinoids. These products - which are sold under such names as Spice, K2, Cloud 9 and Black 9 - have dangerous side effects including rapid heart rate, tremors, loss of consciousness and hallucinations.  

"Bath salts,” or substituted cathinones, are chemically related to methamphetamines or ecstasy and can cause harmful physical and psychological reactions. The drug took center stage in the media following the 2012 "Miami Zombie" attack in which a man attacked a homeless man under an overpass, ripping off most of his face with his teeth. Bath salts were implicated in the incident though toxicology later showed only marijuana in the man's system.

“It is important to get these ‘legal drugs’ off our streets and out of the reach of young people," said Flangan. "While the state has taken steps to remove them from our store shelves, we need to take additional action to drive them completely out of our communities. These substances are a proven danger that can serve as gateways to further and more devastating drug use and it imperative that we act sooner rather than later."

A law banning the sale of “bath salts” was enacted in 2011, and the New York State Department of Health has banned the sale and distribution of synthetic marijuana through an Order for Summary Action.  However, possession of these substances - which may be purchased outside the state or via the Internet - continues to be legal.

In addition to outlawing the sale and possession of synthetic marijuana and “bath salts,” this legislation would establish a Statewide Synthetic Cannabinoid and Substituted Cathinone Surrender Program. For 90 days following the effective date of the law, the program would allow individuals to voluntarily turn over any products containing synthetic cannabinoids and substituted cathinones at designated locations throughout the State.

A state database would also be created and available on the New York State Department of Health’s website to provide retailers, law enforcement, and the general public with a listing of trade names, physical descriptions, brand names and images of the various products known to be either synthetic marijuana or “bath salts.”

The bill will now move onto the State Assembly.