Current through Register Vol. 46, No. 52, December 24, 2024
(a)
Synthetic phenethylamine means any of the following chemical compounds, that
are not listed as a controlled substance in schedules I through V of section
3306 of the
Public Health Law, and are not approved by the Federal Food and Drug
Administration (FDA):
3,4-Methylenedioxymethcathinone (Methylone);
4-Methoxymethcathinone;
3-Fluoromethcathinone;
4-Fluoromethcathinone;
Ethylpropion (Ethcathinone);
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);
2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-2);
2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-4);
2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);
and
any compound that has a chemical structure that is
substantially similar to these compounds.
(b) Synthetic Cannabinoid means any
manufactured chemical compound that is a cannabinoid receptor agonist and
includes, but is not limited to any material, compound, mixture, or preparation
that is not listed as a controlled substance in Schedules I through V of § 3306
of the Public Health Law, and not approved by the federal Food and Drug
Administration (FDA), and contains any quantity of the following substances,
their salts, isomers (whether optical, positional, or geometric), homologues
(analogs), and salts of isomers and homologues (analogs), unless specifically
exempted, whenever the existence of these salts, isomers, homologues (analogs),
and salts of isomers and homologues (analogs) is possible within the specific
chemical designation:
(1) Naphthoylindoles.
Any compound containing a 3-(1- Naphthoyl)indole structure with substitution at
the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkyl- ethyl, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole
ring to any extent and whether or not substituted in the naphthyl ring to any
extent. (Other names in this structural class include but are not limited to:
JWH 007, JWH 015, JWH 018, JWH 019, JWH 073, JWH 081, JWH 98, JWH 122, JWH 164,
JWH 200, JWH 210, JWH 398, AM 2201, MAM 2201, EAM 2201 and WIN 55
212.)
(2) Naphthylmethylindoles.
Any compound containing a 1 H-indol- 3-yl-(1- naphthyl)methane structure with
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4- morpholinyl)ethyl group, whether or not further substituted in the
indole ring to any extent and whether or not substituted in the naphthyl ring
to any extent. (Other names in this structural class include but are not
limited to: JWH-175, and JWH-184.)
(3) Naphthoylpyrroles. Any compound
containing a 3-(1-naphthoyl) pyrrole structure with substitution at the
nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N- methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole
ring to any extent and whether or not substituted in the naphthyl ring to any
extent. (Other names in this structural class include but are not limited: JWH
307.)
(4) Naphthylmethylindenes.
Any compound containing a naphthylm-ethyl indenes structure with substitution
at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene
ring to any extent and whether or not substituted in the naphthyl ring to any
extent. (Other names in this structural class include but are not limited:
JWH-176.)
(5) Phenylacetylindoles.
Any compound containing a 3-phenylacetylindole structure with substitution at
the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloal-kylethyl, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole
ring to any extent and whether or not substituted in the phenyl ring to any
extent. (Other names in this structural class include but are not limited to:
RCS-8 (SR- 18), JWH 201, JWH 250, JWH 203, JWH-251, and JWH-302.)
(6) Cyclohexylphenols. Any compound
containing a 2-(3- hydroxycyclohexyl)phenol structure with substitution at the
5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-
morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to
any extent. (Other names in this structural class include but are not limited
to: CP 47,497 (and homologues (analogs)), cannabicyclohexanol, and CP
55,940.)
(7) Benzoylindoles. Any
compound containing a 3-(benzoyl)indole structure with substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methy1- 2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole
ring to any extent and whether or not substituted in the phenyl ring to any
extent. (Other names in this structural class include but are not limited to:
AM 694, Pravadoline (WIN 48,098), RCS 4, AM-2233 and AM-679.)
(8)
[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3- de]-1,
4-benzoxazin-6-yl]-1-napthalenylmethanone. (Other names in this structural
class include but are not limited to: WIN 55,212-2.)
(9) (6aR,10aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan- 2-yl)-6a,7,10, 10a- tetrahydrobenzochromen-1-ol.
(Other names in this structural class include but are not limited to:
HU-210.)
(10) (6aS,
10aS)-9-(hydrxymethyl)-6,6-demethyl-3-(2-methyloctan-
2-yl)-6a,7,10,10a-tetrahydrobenzo{c}chromen-l-ol (Dezanabinol or HU-
211)
(11) Adamantoylindoles. Any
compound containing a 3-(1- adamantoyl)indole structure with substitution at
the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkyl- ethyl, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the
adamantyl ring system to any extent. (Other names in this structural class
include but are not limited to: AM-1248.)
(12) Adamantoylindazoles including but not
limited to Adamantyl Carboxamide Indazoles. Any compound containing a 3-(1-
adamantoyl)indazole structure with substitution at the nitrogen atom of the
indazole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4- morpholinyl)ethyl
group, whether or not further substituted in the adamantyl ring system to any
extent. (Other names in this structural class include but are not limited to:
AKB-48, MAB-CHMINACA, 5F-AKB-48.)
(13) Tetramethylcyclopropylcarbonylindoles or
any compound structurally derived from
3-(2,2,3,3-tetramethylcyclopropylcarbonyl) indole by substitution at the
nitrogen atom of the indole ring with alkyl,haloalkyl, alkenyl, cyanoalkyl,
hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl
or 2-(4- morpholinyl)ethyl, whether or not further substituted in the indole
ring to any extent, including without limitation the following: UR-11, XLR-11,
A-796,260.
(14) Any other synthetic
chemical compound that is a cannabinoid receptor agonist that is not listed in
Schedules I through V of § 3306 of the Public Health Law, or is not an FDA
approved drug.
(c)
Possession means to have physical possession or otherwise to exercise dominion
or control over synthetic phenethylamine or synthetic cannabinoid, or a product
containing the same. For purposes of this definition, among other circumstances
not limited to these examples, the following individuals and/or entities shall
be deemed to possess synthetic phenethylamine or synthetic cannabinoid, or a
product containing the same:
(1) any
individual or entity that has an ownership interest in a retail, distribution
or manufacturing establishment that possesses, distributes, sells or offers for
sale a synthetic phenethylamine or synthetic cannabinoid, or a product
containing the same; and
(2) any
clerk, cashier or other employee or staff of a retail establishment, which
establishment possesses, distributes, sells or offers for sale a synthetic
phenethylamine or synthetic cannabinoid, or a product containing the same, who
interacts with customers or other members of the public.
