What's happening
This bill makes possession of any amount of THC in a prison a class E felony with a mandatory consecutive sentence.
Why it matters
Expands criminal liability to anyone. not just inmates, but also staff and visitors—who possesses any amount of THC in a correctional facility, which could impact a wide range of people beyond incarcerated individuals.
Creates a new felony offense. for possession of even trace amounts of THC in prisons or jails, raising the stakes from what may have previously been a misdemeanor or non-criminal violation to a class E felony, potentially resulting in harsher consequences for minor infractions.
Mandates that sentences for this offense run consecutively. to any existing sentence, meaning incarcerated individuals caught with THC will have extra prison time added on, which could contribute to longer periods of incarceration and affect efforts at rehabilitation or release.
Signals a legislative intent to further restrict drug presence in correctional settings,. possibly as a response to concerns about contraband and safety, but also raising questions about proportionality, resource allocation, and the broader impacts on prison populations.
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Who cares
Headline styles
Ban Synthetic Marijuana in Prisons
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to 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 Pot in Prisons
In Assembly Committee · Codes · Sponsor William A. Barclay
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2126
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the possession of synthetic marihuana in a prison
Purpose
To establish the crime of possession of synthetic marijuana in correctional facilities
Summary of provisions
Section 1 amends the penal law by adding a new section creating the crime of 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, commonly known as synthetic marijuana, while such person is employed at, visiting, or incarcerated in, any state or local correctional facility.
Read the full memo (671 words)
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
2015-2016: S.6226 Referred to Codes/A.8680 Held for consideration in Codes.
Fiscal implications
None.
Effective date
This act shall take effect 180 days after is shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.