BILL NUMBER:  S6226

 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.

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.