Simon, Reyes, Bores, Seawright, Epstein, Forrest, Walker, Jackson
MLTSPNSR
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
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.
STATE OF NEW YORK
________________________________________________________________________
114
2023-2024 Regular Sessions
IN ASSEMBLY(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:
1 Section 1. The penal law is amended by adding a new article 223 to
2 read as follows:
3 ARTICLE 223
4 NATURAL PLANT OR FUNGUS-BASED HALLUCINOGENS
5 Section 223.00 Definitions.
6 223.05 Authorized use of natural plant or fungus-based halluci-
7 nogens.
8 223.10 Protections.
9 223.15 Local authorization.
10 § 223.00 Definitions.
11 For the purposes of this article, the following terms shall have the
12 following meanings:
13 1. "Natural plant or fungus-based hallucinogen" means a plant, fungus,
14 material, compound, mixture, or preparation, which contains any quantity
15 of any of the following substances, or which contains any of the follow-
16 ing substances salts, isomers, or salts of isomers whenever the exist-
17 ence of such salts, isomers, or salts of isomers is possible within the
18 specific chemical designation (for purposes of this subdivision only,
19 the term "isomer" includes the optical, position and geometric isomers):
20 (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
1 (b) Ibogaine (some trade and other names: 7-ethyl-6, 6&, 7, 8, 9, 10,
2 12, 13-octahydro-2-methoxy-6, 9-methano-5h-pyrido {1',2':1,2} azepino
3 {5,4-b} indole: tabernanthe iboga);
4 (c) Mescaline;
5 (d) Psilocybin; or
6 (e) Psilocyn.
7 2. "Paraphernalia" means any of the following objects used for the
8 following purposes:
9 (a) Kits, used or designed for the purpose of planting, propagating,
10 cultivating, growing or harvesting of any species of plant or fungus
11 which is a natural plant or fungus-based hallucinogen or from which a
12 natural plant or fungus-based hallucinogen can be derived;
13 (b) Kits, used or designed for the purpose of manufacturing, compound-
14 ing, converting, producing, or preparing natural plant or fungus-based
15 hallucinogens;
16 (c) Isomerization devices, used or designed for the purpose of
17 increasing the potency of any species of plant or fungus which is a
18 natural plant or fungus-based hallucinogen;
19 (d) Scales and balances, used or designed for the purpose of weighing
20 or measuring natural plant or fungus-based hallucinogens;
21 (e) Diluents and adulterants, including but not limited to quinine
22 hydrochloride, mannitol, mannite, dextrose and lactose, used or designed
23 for the purpose of cutting natural plant or fungus-based hallucinogens;
24 and/or
25 (f) Objects, used or designed for the purpose of ingesting, inhaling,
26 or otherwise introducing natural plant or fungus-based hallucinogens
27 into the human body.
28 § 223.05 Authorized use of natural plant or fungus-based hallucinogens.
29 1. Notwithstanding any other provision of law, rule or regulation to
30 the contrary, the following conduct shall not be prohibited under this
31 chapter, the laws of this state, or the laws of any locality or munici-
32 pality within this state:
33 (a) The possession, use, cultivation, production, creation, analysis,
34 gifting, exchange, or sharing by or between natural persons of twenty-
35 one years of age or older of a natural plant or fungus-based hallucino-
36 gen;
37 (b) The provision of supervision, guidance, peers engaging in risk
38 mitigation, religious, spiritual, or related supportive services with or
39 without remuneration, by natural persons of twenty-one years of age or
40 older to natural persons of twenty-one years of age or older who are
41 engaging in the intentional and consenting use of natural plant or
42 fungus-based hallucinogens;
43 (c) The manufacture, possession, and/or distribution of paraphernalia,
44 designed for use in the cultivation, production, storage, or use of
45 natural plant or fungus-based hallucinogens by a natural person of twen-
46 ty-one years of age or older; or
47 (d) The possession, use, cultivation, production, creation, analysis,
48 administration, gifting, exchange and/or sharing of natural plant or
49 fungus-based hallucinogens to natural persons of twenty-one years of age
50 or older by a religious organization for religious and ceremonial use or
51 other non-commercial organizations.
52 2. The manufacture, possession, and/or distribution of paraphernalia
53 shall be authorized within the meaning of 21 USC 863(f).
54 3. Natural plant or fungus-based hallucinogens or paraphernalia
55 involved in any way with conduct deemed lawful by this section shall not
56 be contraband nor subject to seizure or forfeiture of assets under arti-
A. 114 3
1 cle four hundred eighty of this chapter, section thirteen hundred eleven
2 of the civil practice law and rules, or other applicable law, and no
3 conduct deemed lawful by this section shall constitute an element of a
4 state or local crime or offense or be the basis for search, investi-
5 gation, detention, arrest or other legal penalty or sanction.
6 4. A person under parole, probation or other state or local super-
7 vision, or released on bail awaiting trial as of the effective date of
8 this section shall not be punished or otherwise penalized for conduct
9 that is no longer considered criminal under this section.
10 5. State or local law enforcement agencies shall not cooperate with or
11 provide assistance to the government of the United States or any agency
12 thereof in enforcing the federal controlled substances act solely for
13 actions permitted under this section, except as pursuant to a valid
14 court order.
15 § 223.10 Protections.
16 Notwithstanding any other provision of law to the contrary:
17 1. An otherwise enforceable contract shall not be unenforceable on the
18 basis that natural plant or fungus-based hallucinogens, as allowed under
19 this article, are prohibited by federal law.
20 2. A holder of a professional or occupational license, certification,
21 or registration shall not be subject to professional discipline or loss
22 of a professional license or certification for personal use of natural
23 plant or fungus-based hallucinogens authorized under this article. This
24 subdivision shall not permit a person to engage in malpractice.
25 3. Mental health, substance use disorder, or behavioral health
26 services shall not be denied on the basis that they are covered in
27 conjunction with natural plant or fungus-based hallucinogen services or
28 that natural plant or fungus-based hallucinogens are prohibited by
29 federal law. No insurance or insurance provider shall be required to
30 cover the cost of natural plant or fungus-based hallucinogens.
31 4. Conduct permitted by this article shall not, by itself:
32 (a) constitute child abuse or neglect without a finding of actual
33 threat to the health or welfare of a child based on all relevant
34 factors; or
35 (b) be the basis to restrict parenting time with a child without a
36 finding that the parenting time would endanger such child's physical
37 health or significantly impair such child's emotional development.
38 5. For the purposes of medical care, including organ transplants, a
39 patient's use of natural plant or fungus-based hallucinogens authorized
40 under this article shall not constitute the use of an illicit substance
41 or otherwise disqualify an otherwise qualifying patient from medical
42 care or medical insurance.
43 6. Conduct permitted by this article shall not, by itself, be the
44 basis to deny eligibility for any public assistance program, unless
45 required by federal law.
46 7. An employer shall adhere to policies regarding natural plant or
47 fungus-based hallucinogen use in accordance with section two hundred
48 one-d of the labor law.
49 § 223.15 Local authorization.
50 A local municipality may adopt and implement legislation and policies
51 which bear directly on or are related to natural plant or fungus-based
52 hallucinogens in furtherance of this article.
53 § 2. Subdivisions 5, 9 and 10 of section 220.00 of the penal law,
54 subdivisions 5 and 9 as amended by chapter 92 of the laws of 2021 and
55 subdivision 10 as amended by chapter 664 of the laws of 1985, are
56 amended and a new subdivision 21 is added to read as follows:
A. 114 4
1 5. "Controlled substance" means any substance listed in schedule I,
2 II, III, IV or V of section thirty-three hundred six of the public
3 health law. Notwithstanding any other provision of law, as used in
4 section 220.31 of this article, the term "controlled substance" shall
5 include natural plant or fungus-based hallucinogens; provided, however,
6 that the term "controlled substance" shall not include natural plant or
7 fungus-based hallucinogens as such term is used in any provision of law
8 other than section 220.31 of this article.
9 9. "Hallucinogen" means any controlled substance listed in paragraphs
10 (5), [(17)] (14), [(18), (19), (20)] (15) and [(21)] (16) of subdivision
11 (d) of schedule I of section thirty-three hundred six of the public
12 health law. "Hallucinogen" shall not include natural plant or fungus-
13 based hallucinogens.
14 10. "Hallucinogenic substance" means any controlled substance listed
15 in subdivision (d) of schedule [I(d)] I of section thirty-three hundred
16 six of the public health law other than concentrated cannabis, lysergic
17 acid diethylamide, or an hallucinogen. "Hallucinogenic substance" shall
18 not include natural plant or fungus-based hallucinogens.
19 21. "Natural plant or fungus-based hallucinogen" shall have the same
20 meaning as defined by section 223.00 of this title.
21 § 3. Subdivision (d) of schedule I of section 3306 of the public
22 health law, as added by chapter 664 of the laws of 1985, paragraphs 13,
23 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and
24 31 as amended by chapter 92 of the laws of 2021, paragraphs 33, 34 and
25 35 as added by chapter 370 of the laws of 2015, and paragraphs 36, 37
26 and 38 as added by section 5 of part BB of chapter 57 of the laws of
27 2018, is amended to read as follows:
28 (d) Hallucinogenic substances. Unless specifically excepted or unless
29 listed in another schedule, any material, compound, mixture, or prepara-
30 tion, which contains any quantity of the following hallucinogenic
31 substances, or which contains any of its salts, isomers, and salts of
32 isomers whenever the existence of such salts, isomers, and salts of
33 isomers is possible within the specific chemical designation (for
34 purposes of this paragraph only, the term "isomer" includes the optical,
35 position and geometric isomers):
36 (EXPLANATION--Within the following chemical designations, character
37 symbol substitutions were made from the original text: "@" = Greek
38 alpha, "&" = Greek beta, "'" = prime mark and "/\" = triangle.)
39 (1) 4-bromo-2, 5-dimethoxy-amphetamine Some trade or other names:
40 4-bromo-2, 5-dimethoxy-@-methylphenethylamine; 4-bromo-2, 5-DMA.
41 (2) 2, 5-dimethoxyamphetamine Some trade or other names:
42 2, 5-dimethoxy-@-methylphenethylamine; 2, 5-DMA.
43 (3) 4-methoxyamphetamine Some trade or other names:
44 4-methoxy-@-methylphenethylamine; paramethoxyamphetamine, PMA.
45 (4) 5-methoxy-3, 4-methylenedioxy - amphetamine.
46 (5) 4-methyl-2, 5-dimethoxy-amphetamine Some trade and other names:
47 4-methyl-2, 5-dimethoxy-@-methylphenethylamine; "DOM"; and "STP".
48 (6) 3, 4-methylenedioxy amphetamine.
49 (7) 3, 4, 5-trimethoxy amphetamine.
50 (8) Bufotenine Some trade and other names: 3-(&-dimethylaminoethyl)-5
51 hydroxindole; 3-(2-dimethylaminoethyl)-5-indolol;
52 N, N-dimethylserotonin; -5-hydroxy-N, N-dimethyltryptamine; mappine.
53 (9) Diethyltryptamine Some trade and other names:
54 N, N-diethyltryptamine; DET.
A. 114 5
1 (10) [Dimethyltryptamine Some trade or other names: DMT.
2 (11) Ibogane Some trade and other names: 7-ethyl-6, 6&, 7, 8, 9, 10,
3 12, 13-octahydro-2-methoxy-6, 9-methano-5h-pyrido {1',2':1,2} azepino
4 {5,4-b} indole: tabernanthe iboga.
5 (12)] Lysergic acid diethylamide.
6 [(13) Mescaline.
7 (14)] (11) Parahexyl. Some trade or other names:
8 3-Hexyl-1-hydroxy-7,8,9,10-tetra hydro-6,6,9-trimethyl-6H-dibenfo{b,d}
9 pyran.
10 [(15)] (12) Peyote. Meaning all parts of the plant presently classi-
11 fied botanically as Lophophora williamsii Lemaire, whether growing or
12 not, the seeds thereof, any extract from any part of such plant, and
13 every compound, manufacture, salts, derivative, mixture, or preparation
14 of such plant, its seeds or extracts.
15 [(16)] (13) N-ethyl-3-piperidyl benzilate.
16 [(17)] (14) N-methyl-3-piperidyl benzilate.
17 [(18) Psilocybin.
18 (19) Psilocyn.
19 (20)] (15) Tetrahydrocannabinols. Synthetic tetrahydrocannabinols not
20 derived from the cannabis plant that are equivalents of the substances
21 contained in the plant, or in the resinous extractives of cannabis, sp.
22 and/or synthetic substances, derivatives, and their isomers with similar
23 chemical structure and pharmacological activity such as the following:
24 delta 1 cis or trans tetrahydrocannabinol, and their optical isomers
25 delta 6 cis or trans tetrahydrocannabinol, and their optical isomers
26 delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers
27 (since nomenclature of these substances is not internationally standard-
28 ized, compounds of these structures, regardless of numerical designation
29 of atomic positions covered). Any Federal Food and Drug Administration
30 approved product containing tetrahydrocannabinol shall not be considered
31 a synthetic tetrahydrocannabinol.
32 [(21)] (16) Ethylamine analog of phencyclidine. Some trade or other
33 names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethyla-
34 mine, N-(1-phenylcyclohexyl) ethylamine cyclohexamine, PCE.
35 [(22)] (17) Pyrrolidine analog of phencyclidine. Some trade or other
36 names 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy, PHP.
37 [(23)] (18) Thiophene analog of phencyclidine. Some trade or other
38 names: 1-{1-(2-thienyl)-cyclohexyl}-piperidine, 2-thienylanalog of
39 phencyclidine, TPCP, TCP.
40 [(24)] (19) 3,4-methylenedioxymethamphetamine (MDMA).
41 [(25)] (20) 3,4-methylendioxy-N-ethylamphetamine (also known as
42 N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA,
43 MDE, MDEA.
44 [(26)] (21) N-hydroxy-3,4-methylenedioxyamphetamine (also known as
45 N-hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and
46 N-hydroxy MDA.
47 [(27)] (22) 1-{1- (2-thienyl) cyclohexyl} pyrrolidine. Some other
48 names: TCPY.
49 [(28)] (23) Alpha-ethyltryptamine. Some trade or other names:
50 etryptamine; Monase; Alpha-ethyl-1H-indole-3-ethanamine;
51 3- (2-aminobutyl) indole; Alpha-ET or AET.
52 [(29)] (24) 2,5-dimethoxy-4-ethylamphetamine. Some trade or other
53 names: DOET.
54 [(30)] (25) 4-Bromo-2,5-dimethoxyphenethylamine. Some trade or other
55 names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl
56 DOB; 2C-B, Nexus.
A. 114 6
1 [(31)] (26) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its
2 optical isomers, salts and salts of isomers.
3 [(33)] (27) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)
4 ethanamine also known as 25I-NBOMe; 2C-I-NBOMe; 25I; or Cimbi-5.
5 [(34)] (28) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)
6 ethanamine, also known as 25 CNBOMe; 2C-C-NBOMe; 25C; or Cimbi-82.
7 [(35)] (29) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) etha-
8 namine, also known as, 25 BNBOMe; 2C-B-NBOMe; Cimbi-36.
9 [(36)] (30) 5-methoxy-N,N-dimethyltryptamine.
10 [(37)] (31) Alpha-methyltryptamine. Some trade or other names: AMT.
11 [(38)] (32) 5-methoxy-N,N-diisopropyltryptamine. Some trade or other
12 names: 5-MeO-DIPT.
13 § 4. Paragraphs c and d of subdivision 2 of section 201-d of the labor
14 law, paragraph c as amended by chapter 92 of the laws of 2021 and para-
15 graph d as added by chapter 776 of the laws of 1992, are amended and a
16 new paragraph e is added to read as follows:
17 c. an individual's legal recreational activities, including cannabis
18 in accordance with state law, outside work hours, off of the employer's
19 premises and without use of the employer's equipment or other property;
20 [or]
21 d. an individual's membership in a union or any exercise of rights
22 granted under Title 29, USCA, Chapter 7 or under article fourteen of the
23 civil service law[.]; or
24 e. an individual's legal recreational activities, including natural
25 plant or fungus-based hallucinogens, as such term is defined by section
26 223.00 of the penal law, in accordance with state law, outside work
27 hours, off of the employer's premises and without use of the employer's
28 equipment or other property.
29 § 5. Section 114-a of the vehicle and traffic law, as amended by chap-
30 ter 92 of the laws of 2021, is amended to read as follows:
31 § 114-a. Drug. The term "drug" when used in this chapter, means and
32 includes any substance listed in section thirty-three hundred six of the
33 public health law [and], cannabis and concentrated cannabis as defined
34 in section 222.00 of the penal law, and natural plant or fungus-based
35 hallucinogens as defined in section 223.00 of the penal law.
36 § 6. This act shall take effect on the thirtieth day after it shall
37 have become a law. Effective immediately, the addition, amendment
38 and/or repeal of any rule or regulation necessary for the implementation
39 of this act on its effective date are authorized to be made and
40 completed on or before such effective date.
