Assembly Bill A114

2023-2024 Legislative Session

Legalizes adult possession and use of certain natural plant or fungus-based hallucinogens

download bill text pdf

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Current Bill Status - In Assembly 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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2023-A114 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Penal Law
Laws Affected:
Add Art 223 §§223.00 - 223.15, amd §220.00, Pen L; amd §3306, Pub Health L; amd §201-d, Lab L; amd §114-a, V & T L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10299
2021-2022: A6065

2023-A114 (ACTIVE) - Summary

Legalizes adult possession and use of certain natural plant or fungus-based hallucinogens; grants certain protections for individuals lawfully using such hallucinogens; removes such hallucinogens from the list of schedule I controlled substances; makes related provisions.

2023-A114 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    114
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL,  SIMON, REYES -- read once and
   referred to the Committee on Health
 
 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.
                                                            LBD01384-01-3
 A. 114                              2
              

Comments

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Anonymous
10 months ago

It is past time for these types of substances to be legalized. These are naturally-occurring substances and it's a natural right for individuals to use them. There is no possible harm to anyone other than the user. They can have hugely beneficial impacts and it is a shame to keep them illegal

Anonymous
10 months ago

I believe there is untapped potential in these
substances to help New Yorkers everywhere who are under mental duress. With the
leading medical research institutes in this state, Bill A114 can pave the way
for NYS to become a leading state for researchers to come to and research these
substances.

Anonymous
10 months ago

Laws are written for their time, but need to be rewritten as culture changes. The stigma that once surrounded these type of therapies is lessening, and there is no logical reason as to why these remain illegal. Let's revise this archaic law and continue to look forward to the future!

Anonymous
9 months ago

We all know the real reason why hallucinogens were banned in the first place, and it had nothing to do with the so-called dangers of the substances. A long-lasting hangover from the Nixon era. Time to change. The science is stacking up, and the movement is coming from a place of therapy and not counter culture. Time to get with the program.

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