senate Bill S2856

2019-2020 Legislative Session

Relates to certain controlled substances offenses

download bill text pdf

Sponsored By

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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Jan 30, 2019 referred to codes

S2856 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
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
2017-2018: S3518

S2856 (ACTIVE) - Summary

Relates to certain controlled substances offenses relating to synthetic cannabis.

S2856 (ACTIVE) - Sponsor Memo

S2856 (ACTIVE) - Bill Text download pdf


                    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.

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