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 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

co-Sponsors

2017-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

2017-S3518 - Summary

Relates to certain controlled substances offenses relating to synthetic cannabis.

2017-S3518 - Sponsor Memo

2017-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

2017-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

2017-S3518A (ACTIVE) - Summary

Relates to certain controlled substances offenses relating to synthetic cannabis.

2017-S3518A (ACTIVE) - Sponsor Memo

2017-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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