Assembly Bill A8409

2015-2016 Legislative Session

Criminalizes the sale of synthetic cannabinoids

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Archive: Last Bill Status - In Assembly 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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Bill Amendments

2015-A8409 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§220.00, 221.35 - 221.55, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A6649

2015-A8409 - Summary

Criminalizes the sale of synthetic cannabinoids.

2015-A8409 - Bill Text download pdf

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

                                  8409

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced by M. of A. GJONAJ -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the  penal law, in relation to the sale of synthetic
  cannabinoids

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

  Section  1. Section 220.00 of the penal law is amended by adding a new
subdivision 21 to read as follows:
  21. "SYNTHETIC CANNABINOID" MEANS ANY  CHEMICAL  COMPOUND  THAT  IS  A
CANNABINOID  RECEPTOR  AGONIST AND SHALL INCLUDE, BUT NOT BE LIMITED TO,
ANY MATERIAL, COMPOUND, MIXTURE OR PREPARATION THAT IS NOT LISTED  AS  A
CONTROLLED SUBSTANCE.
  S  2.  The  opening  paragraph  of section 221.35 of the penal law, as
amended by chapter 75 of the  laws  of  1995,  is  amended  to  read  as
follows:
  A  person  is guilty of criminal sale of marihuana in the fifth degree
when he OR SHE knowingly and unlawfully  sells,  without  consideration,
one  or  more preparations, compounds, mixtures or substances containing
marihuana OR SYNTHETIC CANNABINOID,  and  the  preparations,  compounds,
mixtures  or substances are of an aggregate weight of two grams or less;
or one cigarette containing marihuana.
  S 3. The opening paragraph of section 221.40  of  the  penal  law,  as
added by chapter 360 of the laws of 1977, is amended to read as follows:
  A  person is guilty of criminal sale of marihuana in the fourth degree
when he OR SHE knowingly and unlawfully  sells  marihuana  OR  SYNTHETIC
CANNABINOID, except as provided in section 221.35 of this article.
  S  4.  The  opening  paragraph  of section 221.45 of the penal law, as
amended by chapter 75 of the  laws  of  1995,  is  amended  to  read  as
follows:
  A  person  is guilty of criminal sale of marihuana in the third degree
when he OR SHE knowingly and unlawfully sells one or more  preparations,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11831-01-5
              

co-Sponsors

multi-Sponsors

2015-A8409A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§220.00, 221.35 - 221.55, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A6649

2015-A8409A (ACTIVE) - Summary

Criminalizes the sale of synthetic cannabinoids.

2015-A8409A (ACTIVE) - Bill Text download pdf

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

                                 8409--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced by M. of A. GJONAJ -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law and the penal law, in relation  to
  synthetic cannabinoids and synthetic cathinones

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

  Section 1. Subdivision 4 of section 3302 of the public health law,  as
added  by  chapter  878 of the laws of 1972 and as renumbered by chapter
537 of the laws of 1998, is amended to read as follows:
  4. "Concentrated Cannabis" means
  [(a)] the separated resin, whether crude or purified, obtained from  a
plant of the genus Cannabis[; or
  (b)  a  material,  preparation,  mixture,  compound or other substance
which contains more than two and one-half percent by weight  of  delta-9
tetrahydrocannabinol,  or  its  isomer,  delta-8  dibenzopyran numbering
system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
terpene numbering system].
  S 2. Section 3302 of the public health law is amended  by  adding  two
new subdivisions 44 and 45 to read as follows:
  44.  "SYNTHETIC CANNABINOID" MEANS A SUBSTANCE OR SUBSTANCES LISTED IN
PARAGRAPH THIRTY-SIX OF SUBDIVISION (D) OF SCHEDULE I OF  SECTION  THIR-
TY-THREE HUNDRED SIX OF THIS TITLE.
  45.  "SYNTHETIC  CATHINONE"  MEANS A SUBSTANCE OR SUBSTANCES LISTED IN
PARAGRAPH THIRTY-FIVE OF SUBDIVISION (F) OF SCHEDULE I OF SECTION  THIR-
TY-THREE HUNDRED SIX OF THIS TITLE.
  S  3. Paragraph 21 of subdivision (d) of schedule I of section 3306 of
the public health law, as added by chapter 664 of the laws of  1985,  is
amended and a new paragraph 36 is added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11831-03-6

              

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