senate Bill S6039

2015-2016 Legislative Session

Criminalizes the sale of synthetic cannabinoids

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Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2016 print number 6039a
Jan 08, 2016 amend (t) and recommit to codes
Jan 06, 2016 referred to codes
Aug 26, 2015 referred to rules

Co-Sponsors

S6039 - Details

See Assembly Version of this Bill:
A8409
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§220.00, 221.35 - 221.55, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A6649

S6039 - Summary

Criminalizes the sale of synthetic cannabinoids.

S6039 - Sponsor Memo

S6039 - Bill Text download pdf

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

                                  6039

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 26, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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

S6039A (ACTIVE) - Details

See Assembly Version of this Bill:
A8409
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§220.00, 221.35 - 221.55, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A6649

S6039A (ACTIVE) - Summary

Criminalizes the sale of synthetic cannabinoids.

S6039A (ACTIVE) - Sponsor Memo

S6039A (ACTIVE) - Bill Text download pdf

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

                                 6039--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 26, 2015
                               ___________

Introduced  by  Sens.  KLEIN, VALESKY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules  --  recom-
  mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
  sec. 8 -- 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.
                                                           LBD11831-02-6

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