Bill Text: NY S03518 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to certain controlled substances offenses relating to synthetic cannabis.
Spectrum: Moderate Partisan Bill (Republican 7-2)
Status: (Engrossed - Dead) 2018-06-12 - PRINT NUMBER 3518A [S03518 Detail]
Download: New_York-2017-S03518-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3518--A 2017-2018 Regular Sessions IN SENATE January 24, 2017 ___________ Introduced by Sens. FLANAGAN, BROOKS, GALLIVAN, KAMINSKY, MARCHIONE, MURPHY, PHILLIPS, RANZENHOFER, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to certain controlled substances offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 220.00 of the penal law is amended by adding a new 2 subdivision 21 to read as follows: 3 21. "Knowingly" when used in connection with the offenses involving 4 the possession or sale, or the attempt or conspiracy to possess or sell, 5 a synthetic cannabinoid, synthetic cathinone, or a controlled substance 6 analogue, shall not require knowledge by the defendant of the chemical 7 structure of the substance, but rather, it is sufficient if: 8 (a) the defendant knew or should have known that the substance has a 9 stimulant, depressant, or hallucinogenic effect on the central nervous 10 system that is substantially similar to or greater than the stimulant, 11 depressant, or hallucinogenic effect on the central nervous system of a 12 controlled substance in schedule I or II of section thirty-three hundred 13 six of the public health law; or 14 (b) the defendant represented or intended for the substance to have a 15 stimulant, depressant, or hallucinogenic effect on the central nervous 16 system that is substantially similar to or greater than the stimulant, 17 depressant, or hallucinogenic effect on the central nervous system of a 18 controlled substance in schedule I or II of section thirty-three hundred 19 six of the public health law. 20 § 2. Subdivision 8 of section 220.06 of the penal law, as added by 21 chapter 264 of the laws of 2003, is amended and a new subdivision 9 is 22 added to read as follows: 23 8. one or more preparations, compounds, mixtures or substances 24 containing gamma hydroxybutyric acid, as defined in paragraph four of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07711-02-8S. 3518--A 2 1 subdivision (e) of schedule I of section thirty-three hundred six of the 2 public health law, and said preparations, compounds, mixtures or 3 substances are of an aggregate weight of twenty-eight grams or more[.]; 4 or 5 9. one or more preparations, compounds, mixtures or substances 6 containing a synthetic cannabinoid as defined in subdivision (g) of 7 schedule I of section thirty-three hundred six of the public health law 8 and said preparations, compounds, mixtures or substances are of an 9 aggregate weight of one ounce or more. 10 § 3. Subdivision 15 of section 220.09 of the penal law, as added by 11 chapter 264 of the laws of 2003, is amended and a new subdivision 16 is 12 added to read as follows: 13 15. one or more preparations, compounds, mixtures or substances 14 containing gamma hydroxybutyric acid, as defined in paragraph four of 15 subdivision (e) of schedule I of section thirty-three hundred six of the 16 public health law, and said preparations, compounds, mixtures or 17 substances are of an aggregate weight of two hundred grams or more[.]; 18 or 19 16. one or more preparations, compounds, mixtures or substances 20 containing a synthetic cannabinoid as defined in subdivision (g) of 21 schedule I of section thirty-three hundred six of the public health law 22 and said preparations, compounds, mixtures or substances are of an 23 aggregate weight of four ounces or more. 24 § 4. Subdivision 13 of section 220.16 of the penal law, as amended by 25 chapter 75 of the laws of 1995, is amended and a new subdivision 14 is 26 added to read as follows: 27 13. phencyclidine and said phencyclidine weighs one thousand two 28 hundred fifty milligrams or more[.]; or 29 14. one or more preparations, compounds, mixtures or substances 30 containing a synthetic cannabinoid as defined in subdivision (g) of 31 schedule I of section thirty-three hundred six of the public health law 32 and said preparations, compounds, mixtures or substances are of an 33 aggregate weight of ten pounds or more. 34 § 5. Subdivision 3 of section 220.34 of the penal law, as amended by 35 chapter 537 of the laws of 1998, is amended and a new subdivision 10 is 36 added to read as follows: 37 3. concentrated cannabis as defined in [paragraph (a) of] subdivision 38 four of section thirty-three hundred two of the public health law; or 39 10. one or more preparations, compounds, mixtures or substances 40 containing a synthetic cannabinoid as defined in subdivision (g) of 41 schedule I of section thirty-three hundred six of the public health law 42 and said preparations, compounds, mixtures or substances are of an 43 aggregate weight of one ounce or more. 44 § 6. Subdivision 9 of section 220.39 of the penal law, as added by 45 chapter 410 of the laws of 1979, is amended and a new subdivision 10 is 46 added to read as follows: 47 9. a narcotic preparation to a person less than twenty-one years 48 old[.] ; or 49 10. one or more preparations, compounds, mixtures or substances 50 containing a synthetic cannabinoid as defined in subdivision (g) of 51 schedule I of section thirty-three hundred six of the public health law 52 and said preparations, compounds, mixtures or substances are of an 53 aggregate weight of sixteen ounces or more. 54 § 7. This act shall take effect November 1, 2018.
