senate Bill S3518

2017-2018 Legislative Session

Relates to certain controlled substances offenses

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health 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 (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2018 print number 3518a
Jun 12, 2018 amend (t) and recommit to health
Jan 03, 2018 referred to health
returned to senate
died in assembly
Apr 24, 2017 referred to health
delivered to assembly
passed senate
Mar 13, 2017 advanced to third reading
Mar 08, 2017 2nd report cal.
Mar 07, 2017 1st report cal.388
Jan 24, 2017 referred to health

Co-Sponsors

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S3518 - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§3302 & 3306, Pub Health L; amd §§220.00, 220.06, 220.09, 220.16, 220.34 & 220.39, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6694
2013-2014: S1686
2015-2016: S2836
2019-2020: S2856

S3518 - Summary

Relates to certain controlled substances offenses relating to synthetic cannabis.

S3518 - Sponsor Memo

S3518 - Bill Text download pdf


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

                                  3518

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 24, 2017
                               ___________

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

AN ACT to amend the public health law and the penal law, in relation  to
  controlled substances

  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].
  § 2. Section 3302 of the public health law is amended by adding a  new
subdivision 44 to read as follows:
  44.  "SYNTHETIC  CANNABINOID"  SHALL  HAVE  THE  MEANING  SET FORTH IN
SECTION THIRTY-THREE HUNDRED SIX OF THIS TITLE.
  § 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 by to read as follows:
  (21) Tetrahydrocannabinols.  [Synthetic  equivalents   of   the]   THE
substances  contained  in  the  plant, or in the resinous extractives of
cannabis, sp. and/or synthetic substances, derivatives, and their  isom-
ers with similar chemical structure and pharmacological activity such as
the following:
  /\1 cis or trans tetrahydrocannabinol, and their optical isomers
  /\6 cis or trans tetrahydrocannabinol, and their optical isomers

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

Co-Sponsors

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S3518A (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§3302 & 3306, Pub Health L; amd §§220.00, 220.06, 220.09, 220.16, 220.34 & 220.39, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6694
2013-2014: S1686
2015-2016: S2836
2019-2020: S2856

S3518A (ACTIVE) - Summary

Relates to certain controlled substances offenses relating to synthetic cannabis.

S3518A (ACTIVE) - Sponsor Memo

S3518A (ACTIVE) - Bill Text download pdf


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

                                 3518--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 24, 2017
                               ___________

Introduced  by  Sens.  FLANAGAN,  BROOKS, GALLIVAN, KAMINSKY, MARCHIONE,
  MURPHY, PHILLIPS, RANZENHOFER,  RITCHIE  --  read  twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Health
  -- recommitted to the Committee on Health 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  penal  law,  in  relation  to  certain  controlled
  substances offenses

  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.  "KNOWINGLY"  WHEN  USED IN CONNECTION WITH THE OFFENSES INVOLVING
THE POSSESSION OR SALE, OR THE ATTEMPT OR CONSPIRACY TO POSSESS OR SELL,
A SYNTHETIC CANNABINOID, SYNTHETIC CATHINONE, OR A CONTROLLED  SUBSTANCE
ANALOGUE,  SHALL  NOT REQUIRE KNOWLEDGE BY THE DEFENDANT OF THE CHEMICAL
STRUCTURE OF THE SUBSTANCE, BUT RATHER, IT IS SUFFICIENT IF:
  (A) THE DEFENDANT KNEW OR SHOULD HAVE KNOWN THAT THE SUBSTANCE  HAS  A
STIMULANT,  DEPRESSANT,  OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS
SYSTEM THAT IS SUBSTANTIALLY SIMILAR TO OR GREATER THAN  THE  STIMULANT,
DEPRESSANT,  OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A
CONTROLLED SUBSTANCE IN SCHEDULE I OR II OF SECTION THIRTY-THREE HUNDRED
SIX OF THE PUBLIC HEALTH LAW; OR
  (B) THE DEFENDANT REPRESENTED OR INTENDED FOR THE SUBSTANCE TO HAVE  A
STIMULANT,  DEPRESSANT,  OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS
SYSTEM THAT IS SUBSTANTIALLY SIMILAR TO OR GREATER THAN  THE  STIMULANT,
DEPRESSANT,  OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A
CONTROLLED SUBSTANCE IN SCHEDULE I OR II OF SECTION THIRTY-THREE HUNDRED
SIX OF THE PUBLIC HEALTH LAW.
  § 2. Subdivision 8 of section 220.06 of the penal  law,  as  added  by
chapter  264  of the laws of 2003, is amended and a new subdivision 9 is
added to read as follows:
  8.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing  gamma  hydroxybutyric  acid, as defined in paragraph four of

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