 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2856
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2019
                                       ___________
 
        Introduced  by Sen. FLANAGAN -- 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  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
    25  subdivision (e) of schedule I of section thirty-three hundred six of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08679-01-9

        S. 2856                             2
 
     1  public  health  law,  and  said  preparations,  compounds,  mixtures  or
     2  substances  are of an aggregate weight of twenty-eight grams or more[.];
     3  or
     4    9.  one  or  more  preparations,  compounds,  mixtures  or  substances
     5  containing a synthetic cannabinoid as  defined  in  subdivision  (g)  of
     6  schedule  I of section thirty-three hundred six of the public health law
     7  and said preparations, compounds,  mixtures  or  substances  are  of  an
     8  aggregate weight of one ounce or more.
     9    §  3.  Subdivision  15 of section 220.09 of the penal law, as added by
    10  chapter 264 of the laws of 2003, is amended and a new subdivision 16  is
    11  added to read as follows:
    12    15.  one  or  more  preparations,  compounds,  mixtures  or substances
    13  containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
    14  subdivision (e) of schedule I of section thirty-three hundred six of the
    15  public  health  law,  and  said  preparations,  compounds,  mixtures  or
    16  substances are of an aggregate weight of two hundred grams  or  more[.];
    17  or
    18    16.  one  or  more  preparations,  compounds,  mixtures  or substances
    19  containing a synthetic cannabinoid as  defined  in  subdivision  (g)  of
    20  schedule  I of section thirty-three hundred six of the public health law
    21  and said preparations, compounds,  mixtures  or  substances  are  of  an
    22  aggregate weight of four ounces or more.
    23    §  4. Subdivision 13 of section 220.16 of the penal law, as amended by
    24  chapter 75 of the laws of 1995, is amended and a new subdivision  14  is
    25  added to read as follows:
    26    13.    phencyclidine  and  said  phencyclidine weighs one thousand two
    27  hundred fifty milligrams or more[.]; or
    28    14. one  or  more  preparations,  compounds,  mixtures  or  substances
    29  containing  a  synthetic  cannabinoid  as  defined in subdivision (g) of
    30  schedule I of section thirty-three hundred six of the public health  law
    31  and  said  preparations,  compounds,  mixtures  or  substances are of an
    32  aggregate weight of ten pounds or more.
    33    § 5. Subdivision 3 of section 220.34 of the penal law, as  amended  by
    34  chapter  537 of the laws of 1998, is amended and a new subdivision 10 is
    35  added to read as follows:
    36    3. concentrated cannabis as defined in [paragraph (a) of]  subdivision
    37  four of section thirty-three hundred two of the public health law; or
    38    10.  one  or  more  preparations,  compounds,  mixtures  or substances
    39  containing a synthetic cannabinoid as  defined  in  subdivision  (g)  of
    40  schedule  I of section thirty-three hundred six of the public health law
    41  and said preparations, compounds,  mixtures  or  substances  are  of  an
    42  aggregate weight of one ounce or more.
    43    §  6.  Subdivision  9  of section 220.39 of the penal law, as added by
    44  chapter 410 of the laws of 1979, is amended and a new subdivision 10  is
    45  added to read as follows:
    46    9.  a  narcotic  preparation  to  a  person less than twenty-one years
    47  old[.] ; or
    48    10. one  or  more  preparations,  compounds,  mixtures  or  substances
    49  containing  a  synthetic  cannabinoid  as  defined in subdivision (g) of
    50  schedule I of section thirty-three hundred six of the public health  law
    51  and  said  preparations,  compounds,  mixtures  or  substances are of an
    52  aggregate weight of sixteen ounces or more.
    53    § 7. This act shall take effect November 1, 2019.
Relates to certain controlled substances offenses

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