S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6065--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 8, 2021
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, SIMON -- read once and referred to
   the Committee on Health -- recommitted to the Committee on  Health  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN ACT to amend the penal law, the public health law, the labor law, and
   the   vehicle  and  traffic  law,  in  relation  to  legalizing  adult
   possession and use of certain natural plant or fungus-based hallucino-
   gens
 
   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 article 223 to
 read as follows:
                                ARTICLE 223
                NATURAL PLANT OR FUNGUS-BASED HALLUCINOGENS
 SECTION 223.00 DEFINITIONS.
         223.05 AUTHORIZED USE OF NATURAL PLANT OR FUNGUS-BASED  HALLUCI-
                  NOGENS.
         223.10 PROTECTIONS.
         223.15 LOCAL AUTHORIZATION.
 § 223.00 DEFINITIONS.
   FOR  THE  PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "NATURAL PLANT OR FUNGUS-BASED HALLUCINOGEN" MEANS A PLANT, FUNGUS,
 MATERIAL, COMPOUND, MIXTURE, OR PREPARATION, WHICH CONTAINS ANY QUANTITY
 OF ANY OF THE FOLLOWING SUBSTANCES, OR WHICH CONTAINS ANY OF THE FOLLOW-
 ING SUBSTANCES SALTS, ISOMERS, OR SALTS OF ISOMERS WHENEVER  THE  EXIST-
 ENCE  OF SUCH SALTS, ISOMERS, OR SALTS OF ISOMERS IS POSSIBLE WITHIN THE
 SPECIFIC CHEMICAL DESIGNATION (FOR PURPOSES OF  THIS  SUBDIVISION  ONLY,
 THE TERM "ISOMER" INCLUDES THE OPTICAL, POSITION AND GEOMETRIC ISOMERS):
   (A) DIMETHYLTRYPTAMINE (SOME TRADE OR OTHER NAMES: DMT);

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00987-03-2
              

 A. 6065--A                          2
 
   (B)  IBOGAINE (SOME TRADE AND OTHER NAMES: 7-ETHYL-6, 6&, 7, 8, 9, 10,
 12, 13-OCTAHYDRO-2-METHOXY-6,  9-METHANO-5H-PYRIDO  {1',2':1,2}  AZEPINO
 {5,4-B} INDOLE:  TABERNANTHE IBOGA);
   (C) MESCALINE;
   (D) PSILOCYBIN; OR
   (E) PSILOCYN.
   2.  "PARAPHERNALIA"  MEANS  ANY  OF THE FOLLOWING OBJECTS USED FOR THE
 FOLLOWING PURPOSES:
   (A) KITS, USED OR DESIGNED FOR THE PURPOSE OF  PLANTING,  PROPAGATING,
 CULTIVATING,  GROWING  OR  HARVESTING  OF ANY SPECIES OF PLANT OR FUNGUS
 WHICH IS A NATURAL PLANT OR FUNGUS-BASED HALLUCINOGEN OR  FROM  WHICH  A
 NATURAL PLANT OR FUNGUS-BASED HALLUCINOGEN CAN BE DERIVED;
   (B) KITS, USED OR DESIGNED FOR THE PURPOSE OF MANUFACTURING, COMPOUND-
 ING,  CONVERTING,  PRODUCING, OR PREPARING NATURAL PLANT OR FUNGUS-BASED
 HALLUCINOGENS;
   (C) ISOMERIZATION  DEVICES,  USED  OR  DESIGNED  FOR  THE  PURPOSE  OF
 INCREASING  THE  POTENCY  OF  ANY  SPECIES OF PLANT OR FUNGUS WHICH IS A
 NATURAL PLANT OR FUNGUS-BASED HALLUCINOGEN;
   (D) SCALES AND BALANCES, USED OR DESIGNED FOR THE PURPOSE OF  WEIGHING
 OR MEASURING NATURAL PLANT OR FUNGUS-BASED HALLUCINOGENS;
   (E)  DILUENTS  AND  ADULTERANTS,  INCLUDING BUT NOT LIMITED TO QUININE
 HYDROCHLORIDE, MANNITOL, MANNITE, DEXTROSE AND LACTOSE, USED OR DESIGNED
 FOR THE PURPOSE OF CUTTING NATURAL PLANT OR FUNGUS-BASED  HALLUCINOGENS;
 AND/OR
   (F)  OBJECTS, USED OR DESIGNED FOR THE PURPOSE OF INGESTING, INHALING,
 OR OTHERWISE INTRODUCING NATURAL  PLANT  OR  FUNGUS-BASED  HALLUCINOGENS
 INTO THE HUMAN BODY.
 § 223.05 AUTHORIZED USE OF NATURAL PLANT OR FUNGUS-BASED HALLUCINOGENS.
   1.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY, THE FOLLOWING CONDUCT SHALL NOT BE PROHIBITED  UNDER  THIS
 CHAPTER,  THE LAWS OF THIS STATE, OR THE LAWS OF ANY LOCALITY OR MUNICI-
 PALITY WITHIN THIS STATE:
   (A) THE POSSESSION, USE, CULTIVATION, PRODUCTION, CREATION,  ANALYSIS,
 GIFTING,  EXCHANGE,  OR SHARING BY OR BETWEEN NATURAL PERSONS OF TWENTY-
 ONE YEARS OF AGE OR OLDER OF A NATURAL PLANT OR FUNGUS-BASED  HALLUCINO-
 GEN;
   (B)  THE  PROVISION  OF  SUPERVISION, GUIDANCE, PEERS ENGAGING IN RISK
 MITIGATION, RELIGIOUS, SPIRITUAL, OR RELATED SUPPORTIVE SERVICES WITH OR
 WITHOUT REMUNERATION, BY NATURAL PERSONS OF TWENTY-ONE YEARS OF  AGE  OR
 OLDER  TO  NATURAL  PERSONS  OF TWENTY-ONE YEARS OF AGE OR OLDER WHO ARE
 ENGAGING IN THE INTENTIONAL AND  CONSENTING  USE  OF  NATURAL  PLANT  OR
 FUNGUS-BASED HALLUCINOGENS;
   (C) THE MANUFACTURE, POSSESSION, AND/OR DISTRIBUTION OF PARAPHERNALIA,
 DESIGNED  FOR  USE  IN  THE  CULTIVATION, PRODUCTION, STORAGE, OR USE OF
 NATURAL PLANT OR FUNGUS-BASED HALLUCINOGENS BY A NATURAL PERSON OF TWEN-
 TY-ONE YEARS OF AGE OR OLDER; OR
   (D) THE POSSESSION, USE, CULTIVATION, PRODUCTION, CREATION,  ANALYSIS,
 ADMINISTRATION,  GIFTING,  EXCHANGE  AND/OR  SHARING OF NATURAL PLANT OR
 FUNGUS-BASED HALLUCINOGENS TO NATURAL PERSONS OF TWENTY-ONE YEARS OF AGE
 OR OLDER BY A RELIGIOUS ORGANIZATION FOR RELIGIOUS AND CEREMONIAL USE OR
 OTHER NON-COMMERCIAL ORGANIZATIONS.
   2. THE MANUFACTURE, POSSESSION, AND/OR DISTRIBUTION  OF  PARAPHERNALIA
 SHALL BE AUTHORIZED WITHIN THE MEANING OF 21 USC 863(F).
   3.  NATURAL  PLANT  OR  FUNGUS-BASED  HALLUCINOGENS  OR  PARAPHERNALIA
 INVOLVED IN ANY WAY WITH CONDUCT DEEMED LAWFUL BY THIS SECTION SHALL NOT
 BE CONTRABAND NOR SUBJECT TO SEIZURE OR FORFEITURE OF ASSETS UNDER ARTI-
 A. 6065--A                          3
 
 CLE FOUR HUNDRED EIGHTY OF THIS CHAPTER, SECTION THIRTEEN HUNDRED ELEVEN
 OF THE CIVIL PRACTICE LAW AND RULES, OR OTHER  APPLICABLE  LAW,  AND  NO
 CONDUCT  DEEMED  LAWFUL BY THIS SECTION SHALL CONSTITUTE AN ELEMENT OF A
 STATE  OR  LOCAL  CRIME  OR OFFENSE OR BE THE BASIS FOR SEARCH, INVESTI-
 GATION, DETENTION, ARREST OR OTHER LEGAL PENALTY OR SANCTION.
   4. A PERSON UNDER PAROLE, PROBATION OR OTHER  STATE  OR  LOCAL  SUPER-
 VISION,  OR  RELEASED ON BAIL AWAITING TRIAL AS OF THE EFFECTIVE DATE OF
 THIS SECTION SHALL NOT BE PUNISHED OR OTHERWISE  PENALIZED  FOR  CONDUCT
 THAT IS NO LONGER CONSIDERED CRIMINAL UNDER THIS SECTION.
   5. STATE OR LOCAL LAW ENFORCEMENT AGENCIES SHALL NOT COOPERATE WITH OR
 PROVIDE  ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY AGENCY
 THEREOF IN ENFORCING THE FEDERAL CONTROLLED SUBSTANCES  ACT  SOLELY  FOR
 ACTIONS  PERMITTED  UNDER  THIS  SECTION,  EXCEPT AS PURSUANT TO A VALID
 COURT ORDER.
 § 223.10 PROTECTIONS.
   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY:
   1. AN OTHERWISE ENFORCEABLE CONTRACT SHALL NOT BE UNENFORCEABLE ON THE
 BASIS THAT NATURAL PLANT OR FUNGUS-BASED HALLUCINOGENS, AS ALLOWED UNDER
 THIS ARTICLE, ARE PROHIBITED BY FEDERAL LAW.
   2. A HOLDER OF A PROFESSIONAL OR OCCUPATIONAL LICENSE,  CERTIFICATION,
 OR  REGISTRATION SHALL NOT BE SUBJECT TO PROFESSIONAL DISCIPLINE OR LOSS
 OF A PROFESSIONAL LICENSE OR CERTIFICATION FOR PERSONAL USE  OF  NATURAL
 PLANT  OR FUNGUS-BASED HALLUCINOGENS AUTHORIZED UNDER THIS ARTICLE. THIS
 SUBDIVISION SHALL NOT PERMIT A PERSON TO ENGAGE IN MALPRACTICE.
   3.  MENTAL  HEALTH,  SUBSTANCE  USE  DISORDER,  OR  BEHAVIORAL  HEALTH
 SERVICES  SHALL  NOT  BE  DENIED  ON  THE BASIS THAT THEY ARE COVERED IN
 CONJUNCTION WITH NATURAL PLANT OR FUNGUS-BASED HALLUCINOGEN SERVICES  OR
 THAT  NATURAL  PLANT  OR  FUNGUS-BASED  HALLUCINOGENS  ARE PROHIBITED BY
 FEDERAL LAW. NO INSURANCE OR INSURANCE PROVIDER  SHALL  BE  REQUIRED  TO
 COVER THE COST OF NATURAL PLANT OR FUNGUS-BASED HALLUCINOGENS.
   4. CONDUCT PERMITTED BY THIS ARTICLE SHALL NOT, BY ITSELF:
   (A)  CONSTITUTE  CHILD  ABUSE  OR  NEGLECT WITHOUT A FINDING OF ACTUAL
 THREAT TO THE HEALTH OR  WELFARE  OF  A  CHILD  BASED  ON  ALL  RELEVANT
 FACTORS; OR
   (B)  BE  THE  BASIS  TO RESTRICT PARENTING TIME WITH A CHILD WITHOUT A
 FINDING THAT THE PARENTING TIME WOULD  ENDANGER  SUCH  CHILD'S  PHYSICAL
 HEALTH OR SIGNIFICANTLY IMPAIR SUCH CHILD'S EMOTIONAL DEVELOPMENT.
   5.  FOR  THE  PURPOSES OF MEDICAL CARE, INCLUDING ORGAN TRANSPLANTS, A
 PATIENT'S USE OF NATURAL PLANT OR FUNGUS-BASED HALLUCINOGENS  AUTHORIZED
 UNDER  THIS ARTICLE SHALL NOT CONSTITUTE THE USE OF AN ILLICIT SUBSTANCE
 OR OTHERWISE DISQUALIFY AN OTHERWISE  QUALIFYING  PATIENT  FROM  MEDICAL
 CARE OR MEDICAL INSURANCE.
   6.  CONDUCT  PERMITTED  BY  THIS  ARTICLE SHALL NOT, BY ITSELF, BE THE
 BASIS TO DENY ELIGIBILITY FOR  ANY  PUBLIC  ASSISTANCE  PROGRAM,  UNLESS
 REQUIRED BY FEDERAL LAW.
   7.  AN  EMPLOYER  SHALL  ADHERE TO POLICIES REGARDING NATURAL PLANT OR
 FUNGUS-BASED HALLUCINOGEN USE IN ACCORDANCE  WITH  SECTION  TWO  HUNDRED
 ONE-D OF THE LABOR LAW.
 § 223.15 LOCAL AUTHORIZATION.
   A  LOCAL MUNICIPALITY MAY ADOPT AND IMPLEMENT LEGISLATION AND POLICIES
 WHICH BEAR DIRECTLY ON OR ARE RELATED TO NATURAL PLANT  OR  FUNGUS-BASED
 HALLUCINOGENS IN FURTHERANCE OF THIS ARTICLE.
   §  2.  Subdivisions  5,  9  and 10 of section 220.00 of the penal law,
 subdivisions 5 and 9 as amended by chapter 92 of the laws  of  2021  and
 subdivision  10  as  amended  by  chapter  664  of the laws of 1985, are
 amended and a new subdivision 21 is added to read as follows:
 A. 6065--A                          4
 
   5. "Controlled substance" means any substance listed  in  schedule  I,
 II,  III,  IV  or  V  of  section thirty-three hundred six of the public
 health law. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  AS  USED  IN
 SECTION  220.31  OF  THIS ARTICLE, THE TERM "CONTROLLED SUBSTANCE" SHALL
 INCLUDE  NATURAL PLANT OR FUNGUS-BASED HALLUCINOGENS; PROVIDED, HOWEVER,
 THAT THE TERM "CONTROLLED SUBSTANCE" SHALL NOT INCLUDE NATURAL PLANT  OR
 FUNGUS-BASED  HALLUCINOGENS AS SUCH TERM IS USED IN ANY PROVISION OF LAW
 OTHER THAN SECTION 220.31 OF THIS ARTICLE.
   9. "Hallucinogen" means any controlled substance listed in  paragraphs
 (5), [(17)] (14), [(18), (19), (20)] (15) and [(21)] (16) of subdivision
 (d)  of  schedule  I  of  section thirty-three hundred six of the public
 health law.  "HALLUCINOGEN" SHALL NOT INCLUDE NATURAL PLANT  OR  FUNGUS-
 BASED HALLUCINOGENS.
   10.  "Hallucinogenic  substance" means any controlled substance listed
 in SUBDIVISION (D) OF schedule [I(d)] I OF SECTION THIRTY-THREE  HUNDRED
 SIX  OF THE PUBLIC HEALTH LAW other than concentrated cannabis, lysergic
 acid diethylamide, or an hallucinogen.  "HALLUCINOGENIC SUBSTANCE" SHALL
 NOT INCLUDE NATURAL PLANT OR FUNGUS-BASED HALLUCINOGENS.
   21. "NATURAL PLANT OR FUNGUS-BASED HALLUCINOGEN" SHALL HAVE  THE  SAME
 MEANING AS DEFINED BY SECTION 223.00 OF THIS TITLE.
   §  3.  Subdivision  (d)  of  schedule  I of section 3306 of the public
 health law, as added by chapter 664 of the laws of 1985, paragraphs  13,
 14,  15,  16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and
 31 as amended by chapter 92 of the laws of 2021, paragraphs 33,  34  and
 35  as  added  by chapter 370 of the laws of 2015, and paragraphs 36, 37
 and 38 as added by section 5 of part BB of chapter 57  of  the  laws  of
 2018, is amended to read as follows:
   (d)  Hallucinogenic substances. Unless specifically excepted or unless
 listed in another schedule, any material, compound, mixture, or prepara-
 tion, which  contains  any  quantity  of  the  following  hallucinogenic
 substances,  or  which  contains any of its salts, isomers, and salts of
 isomers whenever the existence of such  salts,  isomers,  and  salts  of
 isomers  is  possible  within  the  specific  chemical  designation (for
 purposes of this paragraph only, the term "isomer" includes the optical,
 position and geometric isomers):
 
 (EXPLANATION--Within  the  following  chemical  designations,  character
   symbol  substitutions  were  made from the original text:  "@" = Greek
   alpha, "&" = Greek beta, "'" = prime mark and "/\" = triangle.)
 
   (1) 4-bromo-2, 5-dimethoxy-amphetamine  Some  trade  or  other  names:
 4-bromo-2, 5-dimethoxy-@-methylphenethylamine; 4-bromo-2, 5-DMA.
   (2) 2, 5-dimethoxyamphetamine    Some    trade    or    other   names:
 2, 5-dimethoxy-@-methylphenethylamine; 2, 5-DMA.
   (3) 4-methoxyamphetamine    Some     trade     or     other     names:
 4-methoxy-@-methylphenethylamine; paramethoxyamphetamine, PMA.
   (4) 5-methoxy-3, 4-methylenedioxy - amphetamine.
   (5) 4-methyl-2,  5-dimethoxy-amphetamine  Some  trade and other names:
 4-methyl-2, 5-dimethoxy-@-methylphenethylamine; "DOM"; and "STP".
   (6) 3, 4-methylenedioxy amphetamine.
   (7) 3, 4, 5-trimethoxy amphetamine.
   (8) Bufotenine Some trade and other names:  3-(&-dimethylaminoethyl)-5
 hydroxindole;                        3-(2-dimethylaminoethyl)-5-indolol;
 N, N-dimethylserotonin; -5-hydroxy-N, N-dimethyltryptamine; mappine.
   (9) Diethyltryptamine      Some     trade     and     other     names:
 N, N-diethyltryptamine; DET.
 A. 6065--A                          5
 
   (10) [Dimethyltryptamine Some trade or other names: DMT.
   (11) Ibogane  Some  trade and other names: 7-ethyl-6, 6&, 7, 8, 9, 10,
 12, 13-octahydro-2-methoxy-6,  9-methano-5h-pyrido  {1',2':1,2}  azepino
 {5,4-b} indole: tabernanthe iboga.
   (12)] Lysergic acid diethylamide.
   [(13) Mescaline.
   (14)]     (11)    Parahexyl.    Some    trade    or    other    names:
 3-Hexyl-1-hydroxy-7,8,9,10-tetra   hydro-6,6,9-trimethyl-6H-dibenfo{b,d}
 pyran.
   [(15)]  (12)  Peyote. Meaning all parts of the plant presently classi-
 fied botanically as Lophophora williamsii Lemaire,  whether  growing  or
 not,  the  seeds  thereof,  any extract from any part of such plant, and
 every compound, manufacture, salts, derivative, mixture, or  preparation
 of such plant, its seeds or extracts.
   [(16)] (13) N-ethyl-3-piperidyl benzilate.
   [(17)] (14) N-methyl-3-piperidyl benzilate.
   [(18) Psilocybin.
   (19) Psilocyn.
   (20)]  (15) Tetrahydrocannabinols. Synthetic tetrahydrocannabinols not
 derived from the cannabis plant that are equivalents of  the  substances
 contained  in the plant, or in the resinous extractives of cannabis, sp.
 and/or synthetic substances, derivatives, and their isomers with similar
 chemical structure and pharmacological activity such as the following:
   delta 1 cis or trans tetrahydrocannabinol, and their optical isomers
   delta 6 cis or trans tetrahydrocannabinol, and their optical isomers
   delta 3, 4 cis or trans tetrahydrocannabinol, and its optical  isomers
 (since nomenclature of these substances is not internationally standard-
 ized, compounds of these structures, regardless of numerical designation
 of  atomic  positions covered). Any Federal Food and Drug Administration
 approved product containing tetrahydrocannabinol shall not be considered
 a synthetic tetrahydrocannabinol.
   [(21)] (16) Ethylamine analog of phencyclidine. Some  trade  or  other
 names:    N-ethyl-1-phenylcyclohexylamine,  (1-phenylcyclohexyl) ethyla-
 mine, N-(1-phenylcyclohexyl) ethylamine cyclohexamine, PCE.
   [(22)] (17)  Pyrrolidine analog of phencyclidine. Some trade or  other
 names 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy, PHP.
   [(23)]  (18)  Thiophene  analog  of phencyclidine. Some trade or other
 names:    1-{1-(2-thienyl)-cyclohexyl}-piperidine,  2-thienylanalog   of
 phencyclidine, TPCP, TCP.
   [(24)] (19) 3,4-methylenedioxymethamphetamine (MDMA).
   [(25)]   (20)   3,4-methylendioxy-N-ethylamphetamine  (also  known  as
 N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine,  N-ethyl  MDA,
 MDE, MDEA.
   [(26)]  (21)  N-hydroxy-3,4-methylenedioxyamphetamine  (also  known as
 N-hydroxy-alpha-methyl-3,4    (methylenedioxy)    phenethylamine,    and
 N-hydroxy MDA.
   [(27)]  (22)  1-{1- (2-thienyl)  cyclohexyl}  pyrrolidine.  Some other
 names: TCPY.
   [(28)]  (23)  Alpha-ethyltryptamine.  Some  trade  or   other   names:
 etryptamine;         Monase;         Alpha-ethyl-1H-indole-3-ethanamine;
 3- (2-aminobutyl) indole; Alpha-ET or AET.
   [(29)] (24) 2,5-dimethoxy-4-ethylamphetamine.   Some  trade  or  other
 names: DOET.
   [(30)]  (25)  4-Bromo-2,5-dimethoxyphenethylamine. Some trade or other
 names:   2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;  alpha-desmethyl
 DOB; 2C-B, Nexus.
 A. 6065--A                          6
 
   [(31)] (26) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its
 optical isomers, salts and salts of isomers.
   [(33)] (27) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)
 ethanamine also known as 25I-NBOMe; 2C-I-NBOMe; 25I; or Cimbi-5.
   [(34)] (28) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)
 ethanamine, also known as 25 CNBOMe; 2C-C-NBOMe; 25C; or Cimbi-82.
   [(35)] (29) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)  etha-
 namine, also known as, 25 BNBOMe; 2C-B-NBOMe; Cimbi-36.
   [(36)] (30) 5-methoxy-N,N-dimethyltryptamine.
   [(37)] (31) Alpha-methyltryptamine. Some trade or other names: AMT.
   [(38)] (32) 5-methoxy-N,N-diisopropyltryptamine. Some trade  or  other
 names:  5-MeO-DIPT.
   § 4. Paragraphs c and d of subdivision 2 of section 201-d of the labor
 law,  paragraph c as amended by chapter 92 of the laws of 2021 and para-
 graph d as added by chapter 776 of the laws of 1992, are amended  and  a
 new paragraph e is added to read as follows:
   c.  an  individual's legal recreational activities, including cannabis
 in accordance with state law, outside work hours, off of the  employer's
 premises  and without use of the employer's equipment or other property;
 [or]
   d. an individual's membership in a union or  any  exercise  of  rights
 granted under Title 29, USCA, Chapter 7 or under article fourteen of the
 civil service law[.]; OR
   E.  AN  INDIVIDUAL'S  LEGAL RECREATIONAL ACTIVITIES, INCLUDING NATURAL
 PLANT OR FUNGUS-BASED HALLUCINOGENS, AS SUCH TERM IS DEFINED BY  SECTION
 223.00  OF  THE  PENAL  LAW,  IN ACCORDANCE WITH STATE LAW, OUTSIDE WORK
 HOURS, OFF OF THE EMPLOYER'S PREMISES AND WITHOUT USE OF THE  EMPLOYER'S
 EQUIPMENT OR OTHER PROPERTY.
   § 5. Section 114-a of the vehicle and traffic law, as amended by chap-
 ter 92 of the laws of 2021, is amended to read as follows:
   § 114-a. Drug.  The  term  "drug" when used in this chapter, means and
 includes any substance listed in section thirty-three hundred six of the
 public health law [and], cannabis and concentrated cannabis  as  defined
 in  section  222.00  of the penal law, AND NATURAL PLANT OR FUNGUS-BASED
 HALLUCINOGENS AS DEFINED IN SECTION 223.00 OF THE PENAL LAW.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.