senate Bill S3375

2013-2014 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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Feb 01, 2013 referred to codes

S3375 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add ยงยง220.44-a & 221.56, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1533
2009-2010: S6761

S3375 - Bill Texts

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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.

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BILL NUMBER:S3375

TITLE OF BILL: An act to amend the penal law, in relation to creating
the new offenses of criminal sale of a controlled substance resembling
candy and criminal sale of marihuana resembling candy, and providing for
penalties therefor

PURPOSE OR GENERAL IDEA OF BILL: To address a new trend in the world of
illegal drugs, where drug suppliers are altering the appearance of and
adding candy flavoring to drugs like methamphetamines, heroin and mari-
juana. These drugs are available currently on the internet and resemble
popular candies, such as pop rocks or rock candy, with the purpose of
appealing to, and potentially addicting, a younger demographic.

SUMMARY OF SPECIFIC PROVISIONS: The penal law is amended by adding two
new sections 220.44-a and 221.56. This legislation creates the new
offenses of criminal sale of a controlled substance resembling candy and
criminal sale of marijuana resembling candy, and provides for penalties.

JUSTIFICATION: With the availability of illegal drugs in schools and on
the streets, this crime is a new wave of tenacity among drug suppliers
in an attempt to entice a younger population. Laws must be in place that
hinder these new avenues of criminal activity.

PRIOR LEGISLATIVE HISTORY: 2011/2012: S.1533

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE:; This act shall take effect of the first of November
next succeeding the date upon which it shall have become a law.

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

                                  3375

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

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 to creating the new  offenses
  of criminal sale of a controlled substance resembling candy and crimi-
  nal  sale  of  marihuana resembling candy, and providing for penalties
  therefor

  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03030-01-3

S. 3375                             2

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 THIS ARTICLE, 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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