Assembly Bill A4175

2015-2016 Legislative Session

Relates to criminalizing the sale, use and possession of synthetic drugs

download bill text pdf

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Archive: Last 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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2015-A4175 (ACTIVE) - Details

See Senate Version of this Bill:
S5888
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง220.66, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9999
2017-2018: A4760, S738
2019-2020: S118
2021-2022: S2692
2023-2024: S595

2015-A4175 (ACTIVE) - Summary

Criminalizes the sale, use and possession of synthetic drugs; provides various definitions for types of synthetic drugs.

2015-A4175 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4175

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced by M. of A. KEARNS -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the penal law, in relation to the criminalization of
  selling, using or possessing synthetic drugs

  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 220.66 to
read as follows:
S 220.66 CRIMINAL SALE, USE OR POSSESSION OF SYNTHETIC DRUGS  AND  OTHER
           SIMILAR COMPOUNDS.
  A PERSON IS GUILTY OF THE CRIMINAL SALE, USE OR POSSESSION OF SYNTHET-
IC  DRUGS AND OTHER SIMILAR COMPOUNDS WHEN THEY KNOWINGLY AND UNLAWFULLY
SELL, USE AND/OR POSSESS ANY SYNTHETIC DRUG, UNLESS SUCH SYNTHETIC  DRUG
HAS  BEEN  EXPRESSLY  PRESCRIBED TO SUCH PERSON BY A PHYSICIAN, PSYCHIA-
TRIST OR PERSON OTHERWISE DULY  LICENSED  AND  AUTHORIZED  TO  PRESCRIBE
MEDICATION  WITHIN  NEW  YORK  STATE,  AND  AT  THE  TIME OF THE ALLEGED
VIOLATION, THE PERSON IN POSSESSION OF THE SYNTHETIC  DRUG  IS  ABLE  TO
PROVIDE  WRITTEN PROOF TO THE LAW ENFORCEMENT OFFICER THAT THE SYNTHETIC
DRUG WAS SO PRESCRIBED. EACH SUCH VIOLATION SHALL CONSTITUTE A  SEPARATE
AND DISTINCT OFFENSE. FOR PURPOSES OF THIS SECTION:
  1.  "SYNTHETIC  DRUG"  SHALL  MEAN  ANY  PRODUCT, WHETHER DESCRIBED AS
TOBACCO,  POTPOURRI,  HERBS,  INCENSE,  SPICE,  AROMATIC,  BATH   SALTS,
SYNTHETIC MARIJUANA, SYNTHETIC STIMULANT OR ANY COMBINATION THEREOF, AND
WHETHER  MARKETED  FOR  THE PURPOSE OF BEING INGESTED OTHERWISE MARKETED
WHICH INCLUDES, BUT IS NOT LIMITED TO, ONE  OR  MORE  OF  THE  FOLLOWING
HALLUCINOGENIC SUBSTANCES:
  (A) "SYNTHETIC CANNABINOIDS" SHALL MEAN ANY SUBSTANCE THAT IS A CANNA-
BINOID RECEPTOR TYPE 1 (CB1 RECEPTOR) AGONIST AS DEMONSTRATED BY BINDING
STUDIES AND FUNCTION ASSAYS OR IS A STRUCTURAL ANALOG OR CHEMICAL DERIV-
ATIVE OF ANY LISTED COMPOUND, AS FOLLOWS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08408-01-5

              

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