STATE OF NEW YORK
________________________________________________________________________
4990
2023-2024 Regular Sessions
IN SENATE
February 21, 2023
___________
Introduced by Sen. OBERACKER -- 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 the possession of synthet-
ic marihuana in a prison
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 220.04 to
2 read as follows:
3 § 220.04 Criminal possession of a controlled substance in the sixth
4 degree.
5 A person is guilty of criminal possession of a controlled substance in
6 the sixth degree when he or she possesses any amount of a tetrahydrocan-
7 nabinol, as such term is defined in paragraph twenty-one of subdivision
8 (d) of schedule I of section thirty-three hundred six of the public
9 health law, while such person is employed at, visiting, or incarcerated
10 in, any state or local correctional facility.
11 Criminal possession of a controlled substance in the sixth degree is a
12 class E felony.
13 § 2. The penal law is amended by adding a new section 60.14 to read as
14 follows:
15 § 60.14 Authorized disposition; Criminal possession of a controlled
16 substance in the sixth degree.
17 When a court finds that a defendant is guilty of criminal possession
18 of a controlled substance in the sixth degree as defined in section
19 220.04 of this chapter while such person is incarcerated in a state or
20 local correctional facility, the court must impose a minimum sentence of
21 at least one year to run consecutively with the defendant's current
22 sentence.
23 § 3. This act shall take effect on the one hundred eightieth day after
24 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09203-01-3
