What's happening
This bill makes possession of synthetic marijuana in a correctional facility a class E felony with a mandatory consecutive one-year sentence.
Why it matters
Targets Correctional Facilities. The bill specifically addresses possession of synthetic marijuana (tetrahydrocannabinol) by anyone—whether staff, visitors, or inmates—within state or local correctional facilities, reflecting concerns about contraband and security inside prisons.
Mandatory Consecutive Sentencing. By requiring that the one-year sentence for possession runs consecutively to any current sentence, the law aims to create a strong deterrent effect, especially for incarcerated individuals who might consider possessing or trafficking synthetic marijuana.
Felony Classification. Elevating possession to a class E felony marks a significant increase in the severity of punishment compared to standard drug possession offenses, signaling the legislature's intent to treat this as a serious public safety and institutional order issue.
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Who cares
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Ban Synthetic Pot in Prisons
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Held for consideration in codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Synthetic Marijuana in Prisons
In Senate Committee · Codes · Sponsor Patty Ritchie
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3264
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. BARCLAY -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the possession of synthetic marihuana in a prison
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 220.04 to read as follows: § 220.04 Criminal possession of a controlled substance in the sixth
degree.
A person is guilty of criminal possession of a controlled substance in the sixth degree when he or she possesses any amount of a tetrahydrocannabinol, as such term is defined in paragraph twenty-one of subdivision (d) of schedule I of section thirty-three hundred six of the public health law, while such person is employed at, visiting, or incarcerated in, any state or local correctional facility.
Criminal possession of a controlled substance in the sixth degree is a class E felony.
§ 2. The penal law is amended by adding a new section 60.14 to read as follows: § 60.14 Authorized disposition; Criminal possession of a controlled
substance in the sixth degree.
When a court finds that a defendant is guilty of criminal possession of a controlled substance in the sixth degree as defined in section 220.04 of this chapter while such person is incarcerated in a state or local correctional facility, the court must impose a minimum sentence of at least one year to run consecutively with the defendant's current sentence.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05514-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.