Creates the new offenses of criminal sale of a controlled substance resembling candy and criminal sale of marihuana resembling candy, and provides for penalties therefor.
STATE OF NEW YORK
________________________________________________________________________
3375
2013-2014 Regular Sessions
IN SENATE
February 1, 2013
___________
Introduced by Sen. STAVISKY -- 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 creating the new offenses
of criminal sale of a controlled substance resembling candy and crimi-
nal sale of marihuana resembling candy, and providing for penalties
therefor
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 two new sections
2 220.44-a and 221.56 to read as follows:
3 § 220.44-a Criminal sale of a controlled substance resembling candy.
4 1. A person is guilty of criminal sale of a controlled substance
5 resembling candy when he or she knowingly and unlawfully sells a
6 controlled substance in violation of section 220.31 of this article,
7 and:
8 a. such controlled substance has been designed, manufactured, altered,
9 or formulated to taste or smell like candy; or
10 b. such controlled substance has been packaged as, represented or
11 marketed to be, or otherwise appears to be candy.
12 2. As used in this section, "candy" means any candy, candy product or
13 confectionary, including, but not limited to, hard candy, jellies, gums,
14 marshmallow candies, fondant, licorice, spun candy, chewing gum, sweet-
15 ened liquids, water ices, and candy coated popcorn, nuts or fruit.
16 3. a. Criminal sale of a controlled substance resembling candy in
17 violation of section 220.31 or 220.34 of this article is a class B felo-
18 ny.
19 b. Criminal sale of a controlled substance resembling candy in
20 violation of section 220.39 of this article is a class A-II felony.
21 c. Criminal sale of a controlled substance resembling candy in
22 violation of section 220.41 or 220.43 of this article is a class A-I
23 felony.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03030-01-3
S. 3375 2
1 § 221.56 Criminal sale of marihuana resembling candy.
2 1. A person is guilty of criminal sale of marihuana resembling candy
3 when he or she knowingly and unlawfully sells marihuana in violation of
4 the provisions of this article, and:
5 a. such marihuana has been designed, altered, or formulated to taste
6 or smell like candy; or
7 b. such marihuana has been packaged as, represented or marketed to be,
8 or otherwise appears to be candy.
9 2. As used in this section, "candy" means any candy, candy product or
10 confectionary, including, but not limited to, hard candy, jellies, gums,
11 marshmallow candies, fondant, licorice, spun candy, chewing gum, sweet-
12 ened liquids, water ices, and candy coated popcorn, nuts or fruit.
13 3. a. Criminal sale of marihuana resembling candy in violation of
14 section 221.35 of this article is a class A misdemeanor.
15 b. Criminal sale of marihuana resembling candy in violation of section
16 221.40 is a class E felony.
17 c. Criminal sale of marihuana resembling candy in violation of section
18 221.45 is a class D felony.
19 d. Criminal sale of marihuana resembling candy in violation of section
20 221.50 is a class C felony.
21 e. Criminal sale of marihuana resembling candy in violation of section
22 221.55 is a class B felony.
23 § 2. This act shall take effect on the first of November next succeed-
24 ing the date upon which it shall have become a law.
