BILL NUMBER: S4990

SPONSOR: OBERACKER
 
TITLE OF BILL:

An act to amend the penal law, in relation to the possession of synthet-
ic marihuana in a prison

 
PURPOSE:

To establish the crime of possession of synthetic marihuana in correc-
tional facilities

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal law by adding a new section creating the
crime of criminal possession of a controlled substance in the sixth
degree. A person is guilty of criminal possession of a controlled
substance in the sixth degree when he or she possesses any amount of a
tetrahydrocannabinol, commonly known as synthetic marihuana, while such
person is employed at, visiting, or incarcerated in, any state or local
correctional facility.
              

Section 2 amends the penal law by adding a new section requiring that
the finding of guilt of criminal possession of a controlled substance by
an incarcerated defendant, the court must impose a minimum sentence of
at least one year to run consecutively with the defendant's current
sentence.

Section 3 provides the effective date.

 
EXISTING LAW:

Article 220 of the Penal Law provides the controlled substances
offenses, including criminal possession of a control substance in vari-
ous degrees, criminal sale of a controlled substance in various degrees,
criminal possession and use of drug paraphernalia and precursor
substances in various degrees, unlawful manufacture of methamphetamine
in various degrees, and operation as a major trafficker.

Article 60 of the Penal Law provides the authorized dispositions of
offenders. Section 60.01(1) provides, except as otherwise specified in
this article, when the court imposes sentence upon a person convicted of
an offense, the court must impose a sentence prescribed by this section.

Section 3306 of the Public Health Law provides the schedules of
controlled substances. There are five established scheduled of
controlled substances, I, II, III, IV, and V, respectively. Section
3306(d) of the Public Health Law relates to Schedule I controlled hallu-
cinogenic substances, including tetrahydrocannabinols (THCs).  THCs are
defined in this section as the synthetic equivalents of the substances
contained in the plant, or in the resinous extractivites of cannabis,
and/or synthetic substances, derivatives, and their isomers with similar
chemical structure and pharmacological activity such as the compounds of
sic or trans THCs and their optical isomers.  This is commonly known as
synthetic marihuana.

 
JUSTIFICATION:

Synthetic drug use in New York State prisons has increased exponentially
in recent months. Not only is the health and wellbeing of inmates endan-
gered by the risk of overdose from the use of these dangerous drugs, the
safety of other inmates, correctional officers, and correctional staff
is in serious jeopardy. Synthetic substances evade detection when
brought into correctional facilities and are often passed to inmates
during visiting hours.

In September of this year, an inmate in Gouverneur injured four
correction officers while allegedly under the influence of synthetic
marihuana. The inmate became combative and struggled violently with
officers, even attempting grab one of the officer's pistols. Having not
been able to disarm the officer, the inmate struck the officer several
times in the face and forehead and bit another officer.  Eventually the
inmate was restrained and taken to the prison infirmary where he again
became combative and violent.

Instances like this have become commonplace and New York State must do
more to prohibit the possession of synthetic marihuana and other
synthetic substances in correctional institutions to protect all members
of the correctional community. This bill bolsters the enforceability of
the prohibition by creating the crime of criminal possession of a
controlled substance in the sixth degree.  Additionally, the bill
increases the penalties associated with synthetic drug possession when
the crime is committed by an incarcerated person. By strengthening the
laws and amplifying the consequences related to synthetic drug
possession in correctional institutions New York State will strongly
deter those attempting to commit this crime and defend the wellbeing of
its corrections community.

 
LEGISLATIVE HISTORY:

2021-2022 S/2717

2019-2020: S.1221/A.5189

 
FISCAL IMPLICATIONS:

None.