Senate Bill S118

2019-2020 Legislative Session

Relates to criminalizing the sale, use and possession of synthetic drugs

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2019-S118 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §220.66, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5888
2017-2018: S738
2021-2022: S2692
2023-2024: S595

2019-S118 (ACTIVE) - Summary

Criminalizes the sale, use and possession of synthetic drugs; provides various definitions for types of synthetic drugs.

2019-S118 (ACTIVE) - Sponsor Memo

2019-S118 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    118
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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  the  criminalization  of
   selling, using or possessing synthetic drugs

   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 a new section 220.66  to
 read as follows:
 § 220.66 CRIMINAL  SALE,  USE OR POSSESSION OF SYNTHETIC DRUGS AND OTHER
            SIMILAR COMPOUNDS.
   A PERSON IS GUILTY OF THE CRIMINAL SALE, USE OR POSSESSION OF SYNTHET-
 IC DRUGS AND OTHER SIMILAR COMPOUNDS WHEN THEY KNOWINGLY AND  UNLAWFULLY
 SELL,  USE AND/OR POSSESS ANY SYNTHETIC DRUG, UNLESS SUCH SYNTHETIC DRUG
 HAS BEEN EXPRESSLY PRESCRIBED TO SUCH PERSON BY  A  PHYSICIAN,  PSYCHIA-
 TRIST  OR  PERSON  OTHERWISE  DULY  LICENSED AND AUTHORIZED TO PRESCRIBE
 MEDICATION WITHIN NEW YORK  STATE,  AND  AT  THE  TIME  OF  THE  ALLEGED
 VIOLATION,  THE  PERSON  IN  POSSESSION OF THE SYNTHETIC DRUG IS ABLE TO
 PROVIDE WRITTEN PROOF TO THE LAW ENFORCEMENT OFFICER THAT THE  SYNTHETIC
 DRUG  WAS SO PRESCRIBED. EACH SUCH VIOLATION SHALL CONSTITUTE A SEPARATE
 AND DISTINCT OFFENSE. FOR PURPOSES OF THIS SECTION:
   1. "SYNTHETIC DRUG" SHALL  MEAN  ANY  PRODUCT,  WHETHER  DESCRIBED  AS
 TOBACCO,   POTPOURRI,  HERBS,  INCENSE,  SPICE,  AROMATIC,  BATH  SALTS,
 SYNTHETIC MARIJUANA, SYNTHETIC STIMULANT OR ANY COMBINATION THEREOF, AND
 WHETHER MARKETED FOR THE PURPOSE OF BEING  INGESTED  OTHERWISE  MARKETED
 WHICH  INCLUDES,  BUT  IS  NOT  LIMITED TO, ONE OR MORE OF THE FOLLOWING
 HALLUCINOGENIC SUBSTANCES:
   (A) "SYNTHETIC CANNABINOIDS" SHALL MEAN ANY SUBSTANCE THAT IS A CANNA-
 BINOID RECEPTOR TYPE 1 (CB1 RECEPTOR) AGONIST AS DEMONSTRATED BY BINDING
 STUDIES AND FUNCTION ASSAYS OR IS A STRUCTURAL ANALOG OR CHEMICAL DERIV-
 ATIVE OF ANY LISTED COMPOUND, AS FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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