A4182-2011 - NY Senate Open Legislation - Relates to criminalizing the possession of an anabolic steroid

Relates to criminalizing the possession of an anabolic steroid.
Sponsor: Camara (MS) / Multi-sponsor(s): Calhoun, Hooper, Jeffries, Rivera N, Robinson, Titone, Towns / Co-sponsor(s): Maisel
Law Section: Penal Law / Law: Amd SS220.06, 220.09 & 220.16, Pen L
A4182-2011 Actions

Jan 4, 2012: referred to codes
Feb 2, 2011: referred to codes
A4182-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4182
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 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:

 

Section  1. 

Section 220.06 of the penal law, as amended by chapter 75
 of the laws of 1995, subdivision 4 as amended by chapter 537 of the laws
 of 1998, subdivision 6 as added by chapter 635  of  the  laws  of  1997,
 subdivision  7  as  amended and subdivision 8 as added by chapter 264 of
 the laws of 2003, is amended to read as follows:

 

S 220.06 Criminal possession of a  controlled  substance  in  the  fifth
 degree.
 A person is guilty of criminal possession of a controlled substance in
 the fifth degree when he knowingly and unlawfully possesses:

 1. a controlled substance with intent to sell it; or
 2.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing a narcotic  preparation  and  said  preparations,  compounds,
 mixtures  or  substances are of an aggregate weight of one-half ounce or
 more; or
 3. phencyclidine and said phencyclidine  weighs  fifty  milligrams  or
 more; or
 4.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing concentrated cannabis as defined in paragraph (a) of subdivi
 sion four of section thirty-three hundred two of the public  health  law
 and  said  preparations,  compounds,  mixtures  or  substances are of an
 aggregate weight of one-fourth ounce or more; or
 5. cocaine and said cocaine weighs five hundred milligrams or more[.];
 OR
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03876-01-1
        A. 4182                             2
 6. ketamine and said ketamine weighs more  than  one  thousand  milli
 grams; or
 7.  ketamine  and  has  previously been convicted of possession or the
 attempt to commit possession of ketamine in any amount; or
 8.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
 subdivision (e) of schedule I of section thirty-three hundred six of the
 public  health  law,  and  said  preparations,  compounds,  mixtures  or
 substances are of an aggregate weight of twenty-eight grams or more; OR
 9.  ANABOLIC  STEROIDS  AND SAID ANABOLIC STEROIDS WEIGH MORE THAN ONE
 THOUSAND MILLIGRAMS OR MORE THAN ONE THOUSAND PILLS.
 Criminal possession of a controlled substance in the fifth degree is a
 class D felony.
 

S 2.

Section 220.09 of the penal law, as amended by chapter 75 of  the
 laws  of  1995,  subdivision 10 as amended by chapter 537 of the laws of
 1998, subdivision 13 as amended by chapter 635  of  the  laws  of  1997,
 subdivision 14 as amended and subdivision 15  as added by chapter 264 of
 the laws of 2003, is amended to read as follows:

 

S 220.09 Criminal  possession  of  a  controlled substance in the fourth
 degree.
 A person is guilty of criminal possession of a controlled substance in
 the fourth degree when he knowingly and unlawfully possesses:

 1.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing a narcotic drug and said preparations, compounds, mixtures or
 substances are of an aggregate weight of one-eighth ounce or more; or
 2.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing methamphetamine, its salts, isomers or salts of  isomers  and
 said preparations, compounds, mixtures or substances are of an aggregate
 weight of one-half ounce or more; or
 3.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing a narcotic  preparation  and  said  preparations,  compounds,
 mixtures or substances are of an aggregate weight of two ounces or more;
 or
 4. a stimulant and said stimulant weighs one gram or more; or
 5.  lysergic  acid  diethylamide  and  said lysergic acid diethylamide
 weighs one milligram or more; or
 6. a hallucinogen and said hallucinogen weighs twenty-five  milligrams
 or more; or
 7. a hallucinogenic substance and said hallucinogenic substance weighs
 one gram or more; or
 8.  a  dangerous  depressant  and such dangerous depressant weighs ten
 ounces or more; or
 9. a depressant and such depressant weighs two pounds or more; or
 10. one  or  more  preparations,  compounds,  mixtures  or  substances
 containing concentrated cannabis as defined in paragraph (a) of subdivi
 sion  four  of section thirty-three hundred two of the public health law
 and said preparations, compounds,  mixtures  or  substances  are  of  an
 aggregate weight of one ounce or more; or
 11.  phencyclidine  and  said  phencyclidine  weighs two hundred fifty
 milligrams or more; or
 12. methadone and said methadone weighs three hundred sixty milligrams
 or more; or
 13. phencyclidine and said phencyclidine weighs  fifty  milligrams  or
 more  with  intent  to  sell  it and has previously been convicted of an
 offense defined in this article or the attempt or conspiracy  to  commit
 any such offense; or
        A. 4182                             3
 14.  ketamine  and  said  ketamine  weighs four thousand milligrams or
 more; or
 15.  one  or  more  preparations,  compounds,  mixtures  or substances
 containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
 subdivision (e) of schedule I of section thirty-three hundred six of the
 public  health  law,  and  said  preparations,  compounds,  mixtures  or
 substances are of an aggregate weight of two hundred grams or more; OR
 16. ANABOLIC STEROIDS AND SAID ANABOLIC STEROIDS WEIGH MORE THAN  FIVE
 THOUSAND MILLIGRAMS OR MORE THAN TWELVE THOUSAND FIVE HUNDRED PILLS.
 Criminal  possession of a controlled substance in the fourth degree is
 a class C felony.
 

S 3.

Section 220.16 of the penal law, as amended by chapter 75 of  the
 laws of 1995, is amended to read as follows:

 

S 220.16 Criminal  possession  of  a  controlled  substance in the third
 degree.
 A person is guilty of criminal possession of a controlled substance in
 the third degree when he knowingly and unlawfully possesses:

 1. a narcotic drug with intent to sell it; or
 2. a stimulant, hallucinogen, hallucinogenic  substance,  or  lysergic
 acid  diethylamide,  with intent to sell it and has previously been con
 victed of an offense defined in THIS article [two hundred twenty] or the
 attempt or conspiracy to commit any such offense; or
 3.  a stimulant with intent to sell it and said stimulant  weighs  one
 gram or more; or
 4.  lysergic acid diethylamide with intent to sell it and said lyserg
 ic acid diethylamide weighs one milligram or more; or
 5.  a hallucinogen with intent to sell it and said hallucinogen weighs
 twenty-five milligrams or more; or
 6.   a hallucinogenic substance with intent to sell it and said hallu
 cinogenic substance weighs one gram or more; or
 7.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing  methamphetamine, its salts, isomers or salts of isomers with
 intent  to  sell  it  and  said  preparations,  compounds,  mixtures  or
 substances are of an aggregate weight of one-eighth ounce or more; or
 8.  a stimulant and said stimulant weighs five grams or more; or
 9.    lysergic  acid  diethylamide and said lysergic acid diethylamide
 weighs five milligrams or more; or
 10.  a hallucinogen and said hallucinogen weighs one  hundred  twenty
 five milligrams or more; or
 11.    a  hallucinogenic  substance  and said hallucinogenic substance
 weighs five grams or more; or
 12. one  or  more  preparations,  compounds,  mixtures  or  substances
 containing a narcotic drug and said preparations, compounds, mixtures or
 substances are of an aggregate weight of one-half ounce or more; or
 13.    phencyclidine  and  said  phencyclidine weighs one thousand two
 hundred fifty milligrams or more; OR
 14. ANABOLIC STEROIDS AND SAID ANABOLIC STEROIDS WEIGH MORE THAN TWEN
 TY-FIVE THOUSAND MILLIGRAMS OR MORE THAN SIXTY-TWO THOUSAND FIVE HUNDRED
 PILLS.
 Criminal possession of a controlled substance in the third degree is a
 class B felony.
 

S 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
A4182-2011: Relates to criminalizing the possession of an anabolic steroid

A4182-2011 Actions

A4182-2011 Text

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