Senate Bill S5082

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5082
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by Sen. BENJAMIN -- 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  unlawful  manufacture,
   distribution or sale of a purported synthetic drug
 
   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 220.80  to
 read as follows:
 § 220.80 UNLAWFUL  MANUFACTURE,  DISTRIBUTION  OR  SALE  OF  A PURPORTED
            SYNTHETIC DRUG.
   1. NO PERSON OR ENTITY SHALL KNOWINGLY MANUFACTURE,  SELL,  OFFER  FOR
 SALE,  DISPLAY  FOR SALE, DISTRIBUTE FOR SALE, OR POSSESS WITH INTENT TO
 SELL ANY PURPORTED SYNTHETIC DRUG.
   2. IN ANY PROCEEDING COMMENCED IN CONNECTION WITH AN ALLEGED VIOLATION
 OF THIS SECTION, IT SHALL BE  NECESSARY  TO  PROVE  THAT  THE  PURPORTED
 SYNTHETIC DRUG WAS REPRESENTED TO BE:
   (A)  ANY  SYNTHETIC  CANNABINOID  OR SYNTHETIC PHENETHYLAMINE, AS SUCH
 TERMS ARE DEFINED BY PART NINE OF TITLE TEN OF THE NEW YORK CODES, RULES
 AND REGULATIONS AS OF THE DATE OF THE VIOLATION, OR AS INCLUDED IN SCHE-
 DULE I OF THE  FEDERAL  DRUG  ENFORCEMENT  ADMINISTRATION  SCHEDULES  OF
 CONTROLLED  SUBSTANCES, AS LISTED IN SECTION 1308.11 OF TITLE TWENTY-ONE
 OF THE CODE OF FEDERAL REGULATIONS, OR SUCCESSOR REGULATION, AS  OF  THE
 DATE  OF  THE  VIOLATION,  OR  ANY  CANNABIMIMETIC  AGENT, AS DEFINED IN
 SECTION EIGHT HUNDRED TWELVE OF TITLE TWENTY-ONE OF  THE  UNITED  STATES
 CODE, AS OF THE DATE OF THE VIOLATION;
   (B)  ANY ANALOGUE OF A SYNTHETIC CANNABINOID, SYNTHETIC PHENETHYLAMINE
 OR CANNABIMIMETIC AGENT. FOR THE PURPOSES OF THIS  PARAGRAPH,  "ANALOGUE
 OF  A SYNTHETIC CANNABINOID, SYNTHETIC PHENETHYLAMINES OR CANNABIMIMETIC
 AGENT" MEANS A SUBSTANCE THAT HAS A CHEMICAL STRUCTURE THAT IS  SUBSTAN-
 TIALLY  SIMILAR  TO  THE  CHEMICAL STRUCTURE OF A SUBSTANCE DESCRIBED IN
 PARAGRAPH (A) OF THIS SUBDIVISION AND HAS A  STIMULANT,  DEPRESSANT,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06614-01-1

 S. 5082                             2
 
 HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM THAT IS SUBSTANTIAL-
 LY  SIMILAR  TO OR GREATER THAN THE STIMULANT, DEPRESSANT, OR HALLUCINO-
 GENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM OF SUCH A SUBSTANCE DESCRIBED
 IN PARAGRAPH (A) OF THIS SUBDIVISION; OR
   (C)  ANY  SUBSTANCE COMMONLY KNOWN AS SYNTHETIC MARIJUANA, K-2 OR BATH
 SALTS, THAT IS REPRESENTED AS  BEING  INTENDED  FOR  HUMAN  CONSUMPTION.
 EVIDENCE OF REPRESENTATIONS THAT A SUBSTANCE COMMONLY KNOWN AS SYNTHETIC
 MARIJUANA,  K-2  OR  BATH  SALTS  IS  INTENDED FOR HUMAN CONSUMPTION MAY
 INCLUDE, BUT IS NOT LIMITED TO, ORAL, VISUAL OR WRITTEN  REPRESENTATIONS
 BY  THE  MANUFACTURER,  DISTRIBUTOR  OR  SELLER ABOUT THE SUBSTANCE WITH
 REGARD TO ITS NATURE, USE OR EFFECT.
   PROVIDED, HOWEVER, THAT IT SHALL NOT BE A DEFENSE TO PROSECUTION UNDER
 THIS SECTION THAT THE ACCUSED BELIEVED THE PURPORTED SYNTHETIC  DRUG  TO
 BE SUCH A SUBSTANCE.
   3.  FOR  THE  PURPOSES  OF THIS SECTION, THE TERM "PURPORTED SYNTHETIC
 DRUG" MEANS A SUBSTANCE  THAT,  BY  DOSAGE  UNIT  APPEARANCE,  INCLUDING
 COLOR,  SHAPE  AND SIZE, AND BY A REPRESENTATION, IS REPRESENTED TO BE A
 SUBSTANCE DESCRIBED IN PARAGRAPH (A), (B) OR (C) OF SUBDIVISION  TWO  OF
 THIS  SECTION. EVIDENCE OF SUCH A REPRESENTATION MAY INCLUDE, BUT IS NOT
 LIMITED TO, ORAL, VISUAL OR WRITTEN REPRESENTATIONS BY THE MANUFACTURER,
 DISTRIBUTOR OR SELLER ABOUT THE SUBSTANCE WITH REGARD TO:
   (A) ITS PRICE, NATURE, USE OR EFFECT AS A SUBSTANCE DESCRIBED IN PARA-
 GRAPH (A), (B) OR (C) OF SUBDIVISION TWO OF THIS SECTION; OR
   (B) ITS PACKAGING IN A MANNER NORMALLY USED FOR  SUBSTANCES  DESCRIBED
 IN PARAGRAPH (A), (B) OR (C) OF SUBDIVISION TWO OF THIS SECTION.  UNLAW-
 FUL MANUFACTURE, DISTRIBUTION OR SALE OF A PURPORTED SYNTHETIC DRUG IS A
 CLASS A MISDEMEANOR.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.