Bill Text: NY S05082 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes the crime of unlawful manufacture, distribution or sale of a purported synthetic drug, making it a class A misdemeanor to manufacture, sell, offer for sale, display for sale, distribute for sale, or possess with intent to sell any purported synthetic drug.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-02-23 - REFERRED TO CODES [S05082 Detail]

Download: New_York-2021-S05082-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5082

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 23, 2021
                                       ___________

        Introduced  by Sen. BENJAMIN -- 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  unlawful  manufacture,
          distribution or sale of a purported synthetic drug

          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 section 220.80  to
     2  read as follows:
     3  § 220.80 Unlawful  manufacture,  distribution  or  sale  of  a purported
     4             synthetic drug.
     5    1. No person or entity shall knowingly manufacture,  sell,  offer  for
     6  sale,  display  for sale, distribute for sale, or possess with intent to
     7  sell any purported synthetic drug.
     8    2. In any proceeding commenced in connection with an alleged violation
     9  of this section, it shall be  necessary  to  prove  that  the  purported
    10  synthetic drug was represented to be:
    11    (a)  any  synthetic  cannabinoid  or synthetic phenethylamine, as such
    12  terms are defined by part nine of title ten of the New York codes, rules
    13  and regulations as of the date of the violation, or as included in sche-
    14  dule I of the  federal  drug  enforcement  administration  schedules  of
    15  controlled  substances, as listed in section 1308.11 of title twenty-one
    16  of the code of federal regulations, or successor regulation, as  of  the
    17  date  of  the  violation,  or  any  cannabimimetic  agent, as defined in
    18  section eight hundred twelve of title twenty-one of  the  United  States
    19  code, as of the date of the violation;
    20    (b)  any analogue of a synthetic cannabinoid, synthetic phenethylamine
    21  or cannabimimetic agent. For the purposes of this  paragraph,  "analogue
    22  of  a synthetic cannabinoid, synthetic phenethylamines or cannabimimetic
    23  agent" means a substance that has a chemical structure that is  substan-
    24  tially  similar  to  the  chemical structure of a substance described in
    25  paragraph (a) of this subdivision and has a  stimulant,  depressant,  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06614-01-1
        S. 5082                             2

     1  hallucinogenic effect on the central nervous system that is substantial-
     2  ly  similar  to or greater than the stimulant, depressant, or hallucino-
     3  genic effect on the central nervous system of such a substance described
     4  in paragraph (a) of this subdivision; or
     5    (c)  any  substance commonly known as synthetic marijuana, K-2 or bath
     6  salts, that is represented as  being  intended  for  human  consumption.
     7  Evidence of representations that a substance commonly known as synthetic
     8  marijuana,  K-2  or  bath  salts  is  intended for human consumption may
     9  include, but is not limited to, oral, visual or written  representations
    10  by  the  manufacturer,  distributor  or  seller about the substance with
    11  regard to its nature, use or effect.
    12    Provided, however, that it shall not be a defense to prosecution under
    13  this section that the accused believed the purported synthetic  drug  to
    14  be such a substance.
    15    3.  For  the  purposes  of this section, the term "purported synthetic
    16  drug" means a substance  that,  by  dosage  unit  appearance,  including
    17  color,  shape  and size, and by a representation, is represented to be a
    18  substance described in paragraph (a), (b) or (c) of subdivision  two  of
    19  this  section. Evidence of such a representation may include, but is not
    20  limited to, oral, visual or written representations by the manufacturer,
    21  distributor or seller about the substance with regard to:
    22    (a) its price, nature, use or effect as a substance described in para-
    23  graph (a), (b) or (c) of subdivision two of this section; or
    24    (b) its packaging in a manner normally used for  substances  described
    25  in paragraph (a), (b) or (c) of subdivision two of this section.  Unlaw-
    26  ful manufacture, distribution or sale of a purported synthetic drug is a
    27  class A misdemeanor.
    28    §  2.  This  act shall take effect on the ninetieth day after it shall
    29  have become a law.