STATE OF NEW YORK : DEPARTMENT OF HEALTH

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IN THE MATTER
OF

ORDER FOR
SUMMARY
ACTION

HATHI, INC.
46 Court Street
Binghamton, New York 13901,
D/B/A FRIENDS GROCERY
46 Court Street
Binghamton, New York 13901
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WHEREAS, Hathi, Inc., doing business as Friends Grocery (hereinafter referred to as

Respondent), operates a retail establishment at 46 Court Street, Binghamton, New York that
offers for sale various sundry items, including groceries, and cigarettes and tobacco products;
and
WHEREAS, on or about July 20, 2016, representatives of the New York State Police
visited the Respondents business premises at 46 Court Street, Binghamton, New York and
received from the Respondent one product in a foil package that appeared similar to products
previously discovered to contain synthetic cannabinoids; and
WHEREAS, products containing synthetic cannabinoids are produced, distributed,
marketed and sold as a supposed legal alternative to marijuana and for the purpose of being
consumed by an individual, most often by smoking, either through a pipe, a water pipe, or rolled
in cigarette papers; and

WHEREAS, synthetic cannabinoids have been linked to severe adverse reactions,

including death and acute renal failure, and reported side effects include: tachycardia (increased
heart rate); paranoid behavior, agitation and irritability; nausea and vomiting; confusion;
drowsiness; headaches; hypertension; electrolyte abnormalities; seizures; and syncope (loss of
consciousness); and
WHEREAS, products containing synthetic cannabinoids are prevalent drugs of abuse,
especially among teens and young adults; and
WHEREAS, the State of New York has experienced over the past two years a dramatic
increase in synthetic cannabinoid-related adverse events and emergency department visits due to
reports of adverse health effects associated with synthetic cannabinoid use, including a
significant increase in the proportion of patients admitted to a critical care unit; and
WHEREAS, acccording to Syndromic Surveillance Emergency Department data,
between January 1, 2015 and July 16, 2016, twenty-one percent (21%) of emergency department
visits associated with synthetic cannabinoids, outside of New York City (401 visits), occurred in
Broome County; and
WHEREAS, possession, manufacture, distribution, sale or offer of sale of synthetic
cannabinoids by any individual or entity is expressly prohibited by 10 NYCRR 9.2; and
WHEREAS, on or about July 20, 2016, employees at New York States Department of
Healths Wadsworth Center for Laboratories and Research tested samples from the product
obtained from the Respondent in order to determine its chemical composition. The product was
2

found to contain the components XLR-11 and NM2201; and

WHEREAS, XLR-11 and NM2201 are synthetic cannabinoids as defined in Section 9.1
of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New
York (10 NYCRR); and
WHEREAS, based upon the foregoing, the Commissioner of Health of the State of New
York, after investigation, is of the opinion that the Respondents continued possession, and sales
of products containing synthetic cannabinoids is an activity which constitutes danger to the
health of the people of the State of New York; and
WHEREAS, it therefore appears to be prejudicial to the interest of the people to delay
action for fifteen (15) days until an opportunity for a hearing can be provided in accordance with
the provisions of Public Health Law 12-a.
NOW, THEREFORE, THE COMMISSIONER OF HEALTH DOES HEREBY ORDER
THAT, PURSUANT TO PHL 16 AND 10 NYCRR 9.5, THE RESPONDENT SHALL:
1) immediately cease and desist from possessing, manufacturing, distributing, selling or
offering to sell in New York State products containing synthetic cannabinoids;
2) immediately turn over all synthetic cannabinoids or products containing synthetic
cannabinoids to the New York State Police; and

3) immediately discontinue all business, commercial or otherwise, at its establishment at

46 Court Street, Binghamton, New York, until such time as the Commissioner of Health notifies
it that such business may be resumed.
FURTHER, I DO HEREBY give notice that the Respondent is provided an opportunity
to be heard at 10:00 a.m. on August 9, 2016, at New York State Department of Health, 217
South Salina Street, Syracuse, New York 13901, to present any proof that it has not engaged in
the activities set forth herein, or that these activities do not constitute a danger to the health of the
people.
DATED: Albany, New York
July 25, 2016

STATE OF NEW YORK

DEPARTMENT OF HEALTH

________________________________
HOWARD A. ZUCKER, M.D., J.D.
Commissioner of Health
Inquiries to:
Mark Fleischer
Assistant Counsel
Division of Legal Affairs
Phone No: (518) 473-1707
Fax No: (518) 486-1858