S06039 Summary:

BILL NO    S06039 

SAME AS    No same as 

SPONSOR    KLEIN

COSPNSR    

MLTSPNSR   

Add S220.00, amd SS221.35 - 221.55 Pen L

Criminalizes the sale of synthetic cannabinoids.
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S06039 Actions:

BILL NO    S06039 

08/26/2015 REFERRED TO RULES
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S06039 Text:

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

                                         6039

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                    August 26, 2015
                                      ___________

       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules

       AN ACT to amend the penal law, in relation  to  the  sale  of  synthetic
         cannabinoids

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 220.00 of the penal law is amended by adding a  new
    2  subdivision 21 to read as follows:
    3    21.  "SYNTHETIC  CANNABINOID"  MEANS  ANY  CHEMICAL COMPOUND THAT IS A
    4  CANNABINOID RECEPTOR AGONIST AND SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
    5  ANY  MATERIAL,  COMPOUND, MIXTURE OR PREPARATION THAT IS NOT LISTED AS A
    6  CONTROLLED SUBSTANCE.
    7    S 2. The opening paragraph of section 221.35  of  the  penal  law,  as
    8  amended  by  chapter  75  of  the  laws  of  1995, is amended to read as
    9  follows:
   10    A person is guilty of criminal sale of marihuana in the  fifth  degree
   11  when  he  OR  SHE knowingly and unlawfully sells, without consideration,
   12  one or more preparations, compounds, mixtures or  substances  containing
   13  marihuana  OR  SYNTHETIC  CANNABINOID,  and the preparations, compounds,
   14  mixtures or substances are of an aggregate weight of two grams or  less;
   15  or one cigarette containing marihuana.
   16    S  3.  The  opening  paragraph  of section 221.40 of the penal law, as
   17  added by chapter 360 of the laws of 1977, is amended to read as follows:
   18    A person is guilty of criminal sale of marihuana in the fourth  degree
   19  when  he  OR  SHE  knowingly and unlawfully sells marihuana OR SYNTHETIC
   20  CANNABINOID, except as provided in section 221.35 of this article.
   21    S 4. The opening paragraph of section 221.45  of  the  penal  law,  as
   22  amended  by  chapter  75  of  the  laws  of  1995, is amended to read as
   23  follows:
   24    A person is guilty of criminal sale of marihuana in the  third  degree
   25  when  he OR SHE knowingly and unlawfully sells one or more preparations,

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11831-01-5
       S. 6039                             2

    1  compounds, mixtures or  substances  containing  marihuana  OR  SYNTHETIC
    2  CANNABINOID, and the preparations, compounds, mixtures or substances are
    3  of an aggregate weight of more than twenty-five grams.
    4    S  5.  The  opening  paragraph  of section 221.50 of the penal law, as
    5  amended by chapter 75 of the  laws  of  1995,  is  amended  to  read  as
    6  follows:
    7    A  person is guilty of criminal sale of marihuana in the second degree
    8  when he OR SHE knowingly and unlawfully sells one or more  preparations,
    9  compounds,  mixtures  or  substances  containing  marihuana OR SYNTHETIC
   10  CANNABINOID, and the preparations, compounds, mixtures or substances are
   11  of an aggregate weight of more than four ounces, or knowingly and unlaw-
   12  fully sells one or more preparations, compounds, mixtures or  substances
   13  containing  marihuana  OR  SYNTHETIC  CANNABINOID  to a person less than
   14  eighteen years of age.
   15    S 6. The opening paragraph of section 221.55  of  the  penal  law,  as
   16  amended  by  chapter  75  of  the  laws  of  1995, is amended to read as
   17  follows:
   18    A person is guilty of criminal sale of marihuana in the  first  degree
   19  when  he OR SHE knowingly and unlawfully sells one or more preparations,
   20  compounds, mixtures or  substances  containing  marihuana  OR  SYNTHETIC
   21  CANNABINOID, and the preparations, compounds, mixtures or substances are
   22  of an aggregate weight of more than sixteen ounces.
   23    S 7. This act shall take effect immediately.
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