S T A T E   O F   N E W   Y O R K
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                                  5288

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by M. of A. MENG, PHEFFER, DelMONTE, GREENE, SPANO -- Multi-
  Sponsored by -- M. of A. WEISENBERG -- read once and referred  to  the
  Committee on Codes

AN  ACT to amend the penal law, in relation creating the new offenses of
  criminal sale of a controlled substance resembling candy and  criminal
  sale of marihuana resembling candy, and providing for penalties there-
  for

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal  law  is  amended  by  adding  two  new  sections
220.44-a and 221.56 to read as follows:
S 220.44-A CRIMINAL SALE OF A CONTROLLED SUBSTANCE RESEMBLING CANDY.
  1.  A  PERSON  IS  GUILTY  OF  CRIMINAL SALE OF A CONTROLLED SUBSTANCE
RESEMBLING CANDY WHEN  HE  OR  SHE  KNOWINGLY  AND  UNLAWFULLY  SELLS  A
CONTROLLED  SUBSTANCE  IN  VIOLATION  OF SECTION 220.31 OF THIS ARTICLE,
AND:
  A. SUCH CONTROLLED SUBSTANCE HAS BEEN DESIGNED, MANUFACTURED, ALTERED,
OR FORMULATED TO TASTE OR SMELL LIKE CANDY; OR
  B. SUCH CONTROLLED SUBSTANCE HAS  BEEN  PACKAGED  AS,  REPRESENTED  OR
MARKETED TO BE, OR OTHERWISE APPEARS TO BE CANDY.
  2.  AS USED IN THIS SECTION, "CANDY" MEANS ANY CANDY, CANDY PRODUCT OR
CONFECTIONARY, INCLUDING, BUT NOT LIMITED TO, HARD CANDY, JELLIES, GUMS,
MARSHMALLOW CANDIES, FONDANT, LICORICE, SPUN CANDY, CHEWING GUM,  SWEET-
ENED LIQUIDS, WATER ICES, AND CANDY COATED POPCORN, NUTS OR FRUIT.
  3.  A.  CRIMINAL  SALE  OF  A CONTROLLED SUBSTANCE RESEMBLING CANDY IN
VIOLATION OF SECTION 220.31 OR 220.34 OF THIS ARTICLE IS A CLASS B FELO-
NY.
  B. CRIMINAL  SALE  OF  A  CONTROLLED  SUBSTANCE  RESEMBLING  CANDY  IN
VIOLATION OF SECTION 220.39 OF THIS ARTICLE IS A CLASS A-II FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05208-01-9

A. 5288                             2
              

  C.  CRIMINAL  SALE  OF  A  CONTROLLED  SUBSTANCE  RESEMBLING  CANDY IN
VIOLATION OF SECTION 220.41 OR 220.43 OF THIS ARTICLE  IS  A  CLASS  A-I
FELONY.
S 221.56 CRIMINAL SALE OF MARIHUANA RESEMBLING CANDY.
  1.  A  PERSON IS GUILTY OF CRIMINAL SALE OF MARIHUANA RESEMBLING CANDY
WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY SELLS MARIHUANA IN VIOLATION  OF
THE PROVISIONS OF ARTICLE 221 OF THIS CHAPTER, AND:
  A.  SUCH  MARIHUANA HAS BEEN DESIGNED, ALTERED, OR FORMULATED TO TASTE
OR SMELL LIKE CANDY; OR
  B. SUCH MARIHUANA HAS BEEN PACKAGED AS, REPRESENTED OR MARKETED TO BE,
OR OTHERWISE APPEARS TO BE CANDY.
  2. AS USED IN THIS SECTION, "CANDY" MEANS ANY CANDY, CANDY PRODUCT  OR
CONFECTIONARY, INCLUDING, BUT NOT LIMITED TO, HARD CANDY, JELLIES, GUMS,
MARSHMALLOW  CANDIES, FONDANT, LICORICE, SPUN CANDY, CHEWING GUM, SWEET-
ENED LIQUIDS, WATER ICES, AND CANDY COATED POPCORN, NUTS OR FRUIT.
  3. A. CRIMINAL SALE OF MARIHUANA  RESEMBLING  CANDY  IN  VIOLATION  OF
SECTION 221.35 OF THIS ARTICLE IS A CLASS A MISDEMEANOR.
  B. CRIMINAL SALE OF MARIHUANA RESEMBLING CANDY IN VIOLATION OF SECTION
221.40 IS A CLASS E FELONY.
  C. CRIMINAL SALE OF MARIHUANA RESEMBLING CANDY IN VIOLATION OF SECTION
221.45 IS A CLASS D FELONY.
  D. CRIMINAL SALE OF MARIHUANA RESEMBLING CANDY IN VIOLATION OF SECTION
221.50 IS A CLASS C FELONY.
  E. CRIMINAL SALE OF MARIHUANA RESEMBLING CANDY IN VIOLATION OF SECTION
221.55 IS A CLASS B FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.