Senate Bill S2856

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2856
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by Sen. FLANAGAN -- 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  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
 subdivision (e) of schedule I of section thirty-three hundred six of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08679-01-9

 S. 2856                             2
 
 public  health  law,  and  said  preparations,  compounds,  mixtures  or
 substances  are of an aggregate weight of twenty-eight grams or more[.];
 OR
   9.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING A SYNTHETIC CANNABINOID AS  DEFINED  IN  SUBDIVISION  (G)  OF
 SCHEDULE  I OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW
 AND SAID PREPARATIONS, COMPOUNDS,  MIXTURES  OR  SUBSTANCES  ARE  OF  AN
 AGGREGATE WEIGHT OF ONE OUNCE OR MORE.
   §  3.  Subdivision  15 of section 220.09 of the penal law, as added by
 chapter 264 of the laws of 2003, is amended and a new subdivision 16  is
 added to read as follows:
   15.  one  or  more  preparations,  compounds,  mixtures  or substances
 containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
 subdivision (e) of schedule I of section thirty-three hundred six of the
 public  health  law,  and  said  preparations,  compounds,  mixtures  or
 substances are of an aggregate weight of two hundred grams  or  more[.];
 OR
   16.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR SUBSTANCES
 CONTAINING A SYNTHETIC CANNABINOID AS  DEFINED  IN  SUBDIVISION  (G)  OF
 SCHEDULE  I OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW
 AND SAID PREPARATIONS, COMPOUNDS,  MIXTURES  OR  SUBSTANCES  ARE  OF  AN
 AGGREGATE WEIGHT OF FOUR OUNCES OR MORE.
   §  4. Subdivision 13 of section 220.16 of the penal law, as amended by
 chapter 75 of the laws of 1995, is amended and a new subdivision  14  is
 added to read as follows:
   13.    phencyclidine  and  said  phencyclidine weighs one thousand two
 hundred fifty milligrams or more[.]; OR
   14. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  A  SYNTHETIC  CANNABINOID  AS  DEFINED IN SUBDIVISION (G) OF
 SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH  LAW
 AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES ARE OF AN
 AGGREGATE WEIGHT OF TEN POUNDS OR MORE.
   § 5. Subdivision 3 of section 220.34 of the penal law, as  amended  by
 chapter  537 of the laws of 1998, is amended and a new subdivision 10 is
 added to read as follows:
   3. concentrated cannabis as defined in [paragraph (a) of]  subdivision
 four of section thirty-three hundred two of the public health law; or
   10.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR SUBSTANCES
 CONTAINING A SYNTHETIC CANNABINOID AS  DEFINED  IN  SUBDIVISION  (G)  OF
 SCHEDULE  I OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW
 AND SAID PREPARATIONS, COMPOUNDS,  MIXTURES  OR  SUBSTANCES  ARE  OF  AN
 AGGREGATE WEIGHT OF ONE OUNCE OR MORE.
   §  6.  Subdivision  9  of section 220.39 of the penal law, as added by
 chapter 410 of the laws of 1979, is amended and a new subdivision 10  is
 added to read as follows:
   9.  a  narcotic  preparation  to  a  person less than twenty-one years
 old[.] ; OR
   10. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  A  SYNTHETIC  CANNABINOID  AS  DEFINED IN SUBDIVISION (G) OF
 SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH  LAW
 AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES ARE OF AN
 AGGREGATE WEIGHT OF SIXTEEN OUNCES OR MORE.
   § 7. This act shall take effect November 1, 2019.