NY State Senate Bill 2009-S6761

Senate Bill S6761

2009-2010 Legislative Session

Creates the new offenses of criminal sale of a controlled substance resembling candy and criminal sale of marihuana resembling candy, and provides for penalties therefor

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2010	referred to codes

2009-S6761 (ACTIVE) - Details

See Assembly Version of this Bill:: A5288
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§220.44-a & 221.56, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1533, A5598
2013-2014: S3375

2009-S6761 (ACTIVE) - Summary

Creates the new offenses of criminal sale of a controlled substance resembling candy and criminal sale of marihuana resembling candy, and provides for penalties therefor.

2009-S6761 (ACTIVE) - Sponsor Memo

2009-S6761 (ACTIVE) - Bill Text download pdf

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

                                  6761

                            I N  S E N A T E

                            February 3, 2010
                               ___________

Introduced  by Sen. STAVISKY -- 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 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.
  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.

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

S. 6761                             2

  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.

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