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A00114 Summary:

BILL NOA00114
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSRSimon, Reyes, Bores, Seawright, Epstein
 
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.
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A00114 Actions:

BILL NOA00114
 
01/04/2023referred to health
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A00114 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A114
 
SPONSOR: Rosenthal L
  TITLE OF BILL: 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 hallucinogens   PURPOSE: This bill would legalize adult possession and use of certain natural plant or fungus-based hallucinogens.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the penal law by adding a new article 223. Section two amends subdivisions 5, 9 and 10 of section 220.00 of the penal law. Section three amends subdivision (d) of schedule I of section 3306 of the public health law. Section four amends paragraphs c and d of subdivision 2 of section 201-d of the labor law and adds a new paragraph e. Section five amends section 114-a of the vehicle and traffic law. Section six establishes the effective date.   JUSTIFICATION: The failed war on drugs has led to devastating consequences for people across the nation. The criminalization of certain substances has not only left countless people incarcerated, it also has prevented individ- uals from accessing natural hallucinogens that can provide relief in battling mental health problems, substance use disorder, chronic pain or other health conditions. While New York State has taken important first steps over the years through its decriminalization and legalization of medical and adult-use cannabis, more must be done to allow individuals to access the benefits that natural hallucinogens can bring. Years of research into naturally occurring substances has documented their success in alleviating pain, substance use disorder, symptoms associated with post-traumatic stress disorder, anxiety disorders, including end of life anxiety and other conditions. The continued criminalization of the use of these substances puts New Yorkers at unnecessary risk of incarceration and denies access to people who are desperate for their salutary effects. Recognizing the benefits that naturally occurring hallucinogens can bring, cities including Oakland, Santa Cruz, Seattle, Grand Rapids, Detroit, and Ann Arbor have already enacted laws decriminalizing certain psychedelic substances. This bill would legalize the possession, use, cultivation and gifting or exchange of certain naturally occurring substances while offering protections to adults who may choose to use them. This legislation would not legalize the sale of such substances.   LEGISLATIVE HISTORY: 2021-22: A.6065-A - Referred to Health   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: 30 days.
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A00114 Text:



 
                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.
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