Bill Text: NY A04182 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to criminalizing the possession of an anabolic steroid.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A04182 Detail]

Download: New_York-2011-A04182-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4182
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 2, 2011
                                      ___________
       Introduced  by M. of A. CAMARA, MAISEL -- Multi-Sponsored by -- M. of A.
         CALHOUN, HOOPER, JEFFRIES, N. RIVERA, ROBINSON, TITONE, TOWNS --  read
         once and referred to the Committee on Codes
       AN  ACT  to amend the penal law, in relation to criminal possession of a
         controlled substance
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 220.06 of the penal law, as amended by chapter 75
    2  of the laws of 1995, subdivision 4 as amended by chapter 537 of the laws
    3  of 1998, subdivision 6 as added by chapter 635  of  the  laws  of  1997,
    4  subdivision  7  as  amended and subdivision 8 as added by chapter 264 of
    5  the laws of 2003, is amended to read as follows:
    6  S 220.06 Criminal possession of a  controlled  substance  in  the  fifth
    7             degree.
    8    A person is guilty of criminal possession of a controlled substance in
    9  the fifth degree when he knowingly and unlawfully possesses:
   10    1. a controlled substance with intent to sell it; or
   11    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
   12  containing a narcotic  preparation  and  said  preparations,  compounds,
   13  mixtures  or  substances are of an aggregate weight of one-half ounce or
   14  more; or
   15    3. phencyclidine and said phencyclidine  weighs  fifty  milligrams  or
   16  more; or
   17    4.  one  or  more  preparations,  compounds,  mixtures  or  substances
   18  containing concentrated cannabis as defined in paragraph (a) of subdivi-
   19  sion four of section thirty-three hundred two of the public  health  law
   20  and  said  preparations,  compounds,  mixtures  or  substances are of an
   21  aggregate weight of one-fourth ounce or more; or
   22    5. cocaine and said cocaine weighs five hundred milligrams or more[.];
   23  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03876-01-1
       A. 4182                             2
    1    6. ketamine and said ketamine weighs more  than  one  thousand  milli-
    2  grams; or
    3    7.  ketamine  and  has  previously been convicted of possession or the
    4  attempt to commit possession of ketamine in any amount; or
    5    8.  one  or  more  preparations,  compounds,  mixtures  or  substances
    6  containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
    7  subdivision (e) of schedule I of section thirty-three hundred six of the
    8  public  health  law,  and  said  preparations,  compounds,  mixtures  or
    9  substances are of an aggregate weight of twenty-eight grams or more; OR
   10    9.  ANABOLIC  STEROIDS  AND SAID ANABOLIC STEROIDS WEIGH MORE THAN ONE
   11  THOUSAND MILLIGRAMS OR MORE THAN ONE THOUSAND PILLS.
   12    Criminal possession of a controlled substance in the fifth degree is a
   13  class D felony.
   14    S 2. Section 220.09 of the penal law, as amended by chapter 75 of  the
   15  laws  of  1995,  subdivision 10 as amended by chapter 537 of the laws of
   16  1998, subdivision 13 as amended by chapter 635  of  the  laws  of  1997,
   17  subdivision 14 as amended and subdivision 15  as added by chapter 264 of
   18  the laws of 2003, is amended to read as follows:
   19  S 220.09 Criminal  possession  of  a  controlled substance in the fourth
   20             degree.
   21    A person is guilty of criminal possession of a controlled substance in
   22  the fourth degree when he knowingly and unlawfully possesses:
   23    1.  one  or  more  preparations,  compounds,  mixtures  or  substances
   24  containing a narcotic drug and said preparations, compounds, mixtures or
   25  substances are of an aggregate weight of one-eighth ounce or more; or
   26    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
   27  containing methamphetamine, its salts, isomers or salts of  isomers  and
   28  said preparations, compounds, mixtures or substances are of an aggregate
   29  weight of one-half ounce or more; or
   30    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
   31  containing a narcotic  preparation  and  said  preparations,  compounds,
   32  mixtures or substances are of an aggregate weight of two ounces or more;
   33  or
   34    4. a stimulant and said stimulant weighs one gram or more; or
   35    5.  lysergic  acid  diethylamide  and  said lysergic acid diethylamide
   36  weighs one milligram or more; or
   37    6. a hallucinogen and said hallucinogen weighs twenty-five  milligrams
   38  or more; or
   39    7. a hallucinogenic substance and said hallucinogenic substance weighs
   40  one gram or more; or
   41    8.  a  dangerous  depressant  and such dangerous depressant weighs ten
   42  ounces or more; or
   43    9. a depressant and such depressant weighs two pounds or more; or
   44    10. one  or  more  preparations,  compounds,  mixtures  or  substances
   45  containing concentrated cannabis as defined in paragraph (a) of subdivi-
   46  sion  four  of section thirty-three hundred two of the public health law
   47  and said preparations, compounds,  mixtures  or  substances  are  of  an
   48  aggregate weight of one ounce or more; or
   49    11.  phencyclidine  and  said  phencyclidine  weighs two hundred fifty
   50  milligrams or more; or
   51    12. methadone and said methadone weighs three hundred sixty milligrams
   52  or more; or
   53    13. phencyclidine and said phencyclidine weighs  fifty  milligrams  or
   54  more  with  intent  to  sell  it and has previously been convicted of an
   55  offense defined in this article or the attempt or conspiracy  to  commit
   56  any such offense; or
       A. 4182                             3
    1    14.  ketamine  and  said  ketamine  weighs four thousand milligrams or
    2  more; or
    3    15.  one  or  more  preparations,  compounds,  mixtures  or substances
    4  containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
    5  subdivision (e) of schedule I of section thirty-three hundred six of the
    6  public  health  law,  and  said  preparations,  compounds,  mixtures  or
    7  substances are of an aggregate weight of two hundred grams or more; OR
    8    16. ANABOLIC STEROIDS AND SAID ANABOLIC STEROIDS WEIGH MORE THAN  FIVE
    9  THOUSAND MILLIGRAMS OR MORE THAN TWELVE THOUSAND FIVE HUNDRED PILLS.
   10    Criminal  possession of a controlled substance in the fourth degree is
   11  a class C felony.
   12    S 3. Section 220.16 of the penal law, as amended by chapter 75 of  the
   13  laws of 1995, is amended to read as follows:
   14  S 220.16 Criminal  possession  of  a  controlled  substance in the third
   15             degree.
   16    A person is guilty of criminal possession of a controlled substance in
   17  the third degree when he knowingly and unlawfully possesses:
   18    1. a narcotic drug with intent to sell it; or
   19    2. a stimulant, hallucinogen, hallucinogenic  substance,  or  lysergic
   20  acid  diethylamide,  with intent to sell it and has previously been con-
   21  victed of an offense defined in THIS article [two hundred twenty] or the
   22  attempt or conspiracy to commit any such offense; or
   23    3.  a stimulant with intent to sell it and said stimulant  weighs  one
   24  gram or more; or
   25    4.  lysergic acid diethylamide with intent to sell it and said lyserg-
   26  ic acid diethylamide weighs one milligram or more; or
   27    5.  a hallucinogen with intent to sell it and said hallucinogen weighs
   28  twenty-five milligrams or more; or
   29    6.   a hallucinogenic substance with intent to sell it and said hallu-
   30  cinogenic substance weighs one gram or more; or
   31    7.  one  or  more  preparations,  compounds,  mixtures  or  substances
   32  containing  methamphetamine, its salts, isomers or salts of isomers with
   33  intent  to  sell  it  and  said  preparations,  compounds,  mixtures  or
   34  substances are of an aggregate weight of one-eighth ounce or more; or
   35    8.  a stimulant and said stimulant weighs five grams or more; or
   36    9.    lysergic  acid  diethylamide and said lysergic acid diethylamide
   37  weighs five milligrams or more; or
   38    10.  a hallucinogen and said hallucinogen weighs one  hundred  twenty-
   39  five milligrams or more; or
   40    11.    a  hallucinogenic  substance  and said hallucinogenic substance
   41  weighs five grams or more; or
   42    12. one  or  more  preparations,  compounds,  mixtures  or  substances
   43  containing a narcotic drug and said preparations, compounds, mixtures or
   44  substances are of an aggregate weight of one-half ounce or more; or
   45    13.    phencyclidine  and  said  phencyclidine weighs one thousand two
   46  hundred fifty milligrams or more; OR
   47    14. ANABOLIC STEROIDS AND SAID ANABOLIC STEROIDS WEIGH MORE THAN TWEN-
   48  TY-FIVE THOUSAND MILLIGRAMS OR MORE THAN SIXTY-TWO THOUSAND FIVE HUNDRED
   49  PILLS.
   50    Criminal possession of a controlled substance in the third degree is a
   51  class B felony.
   52    S 4. This act shall take effect on the one hundred eightieth day after
   53  it shall have become a law.
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