Establishes a crime for the possession of synthetic marihuana in correctional facilities

Section 2 amends the penal law by adding a new section requiring that the finding of guilt of criminal possession of a controlled substance by an incarcerated defendant, the court must impose a minimum sentence of at least one year to run consecutively with the defendant's current sentence.

Section 3 provides the effective date.

Existing law

Article 220 of the Penal Law provides the controlled substances offenses, including criminal possession of a control substance in various degrees, criminal sale of a controlled substance in various degrees, criminal possession and use of drug paraphernalia and precursor substances in various degrees, unlawful manufacture of methamphetamine in various degrees, and operation as a major trafficker. Article 60 of the Penal Law provides the authorized dispositions of offenders. Section 60.01(1) provides, except as otherwise specified in this article, when the court imposes sentence upon a person convicted of an offense, the court must impose a sentence prescribed by this section.

Section 3306 of the Public Health Law provides the schedules of controlled substances. There are five established scheduled of controlled substances, I, II, III, IV, and V, respectively. Section 3306(d) of the Public Health Law relates to Schedule I controlled hallucinogenic substances, including tetrahydrocannabinols (THCs). THCs are defined in this section as the synthetic equivalents of the substances contained in the plant, or in the resinous extractivites of cannabis, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the compounds of sic or trans THCs and their optical isomers. This is commonly known as synthetic marijuana.

Justification

Synthetic drug use in New York State prisons has increased exponentially in recent months. Not only is the health and wellbeing of inmates endangered by the risk of overdose from the use of these dangerous drugs, the safety of other inmates, correctional officers, and correctional staff is in serious jeopardy. Synthetic substances evade detection when brought into correctional facilities and are often passed to inmates during visiting hours.

In September of this year, an inmate in Gouverneur injured four correction officers while allegedly under the influence of synthetic marijuana. The inmate became combative and struggled violently with officers, even attempting grab one of the officer's pistols. Having not been able to disarm the officer, the inmate struck the officer several times in the face and forehead and bit another officer. Eventually the inmate was restrained and taken to the prison infirmary where he again became combative and violent.

Instances like this have become commonplace and New York State must do more to prohibit the possession of synthetic marijuana and other synthetic substances in correctional institutions to protect all members of the correctional community. This bill bolsters the enforceability of the prohibition by creating the crime of criminal possession of a controlled substance in the sixth degree. Additionally, the bill increases the penalties associated with synthetic drug possession when the crime is committed by an incarcerated person. By strengthening the laws and amplifying the consequences related to synthetic drug possession in correctional institutions New York State will strongly deter those attempting to commit this crime and defend the wellbeing of its corrections community.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect 180 days after is shall have become law.