Bill S3375-2013

Creates the new offenses of criminal sale of a controlled substance resembling candy and criminal sale of marihuana resembling candy, and provides for penalties

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.

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  • Jan 8, 2014: REFERRED TO CODES
  • Feb 1, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S3375

TITLE OF BILL: An act to amend the penal law, in relation to creating the new offenses of criminal sale of a controlled substance resembling candy and criminal sale of marihuana resembling candy, and providing for penalties therefor

PURPOSE OR GENERAL IDEA OF BILL: To address a new trend in the world of illegal drugs, where drug suppliers are altering the appearance of and adding candy flavoring to drugs like methamphetamines, heroin and marijuana. These drugs are available currently on the internet and resemble popular candies, such as pop rocks or rock candy, with the purpose of appealing to, and potentially addicting, a younger demographic.

SUMMARY OF SPECIFIC PROVISIONS: The penal law is amended by adding two new sections 220.44-a and 221.56. This legislation creates the new offenses of criminal sale of a controlled substance resembling candy and criminal sale of marijuana resembling candy, and provides for penalties.

JUSTIFICATION: With the availability of illegal drugs in schools and on the streets, this crime is a new wave of tenacity among drug suppliers in an attempt to entice a younger population. Laws must be in place that hinder these new avenues of criminal activity.

PRIOR LEGISLATIVE HISTORY: 2011/2012: S.1533

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE:; This act shall take effect of the first of November next succeeding the date upon which it shall have become a law.


Text

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: Section 1. The penal law is amended by adding two new sections 220.44-a and 221.56 to read as follows: S 220.44-A CRIMINAL SALE OF A CONTROLLED SUBSTANCE RESEMBLING CANDY. 1. A PERSON IS GUILTY OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE RESEMBLING CANDY WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE IN VIOLATION OF SECTION 220.31 OF THIS ARTICLE, AND: A. SUCH CONTROLLED SUBSTANCE HAS BEEN DESIGNED, MANUFACTURED, ALTERED, OR FORMULATED TO TASTE OR SMELL LIKE CANDY; OR B. SUCH CONTROLLED SUBSTANCE HAS BEEN PACKAGED AS, REPRESENTED OR MARKETED TO BE, OR OTHERWISE APPEARS TO BE CANDY. 2. AS USED IN THIS SECTION, "CANDY" MEANS ANY CANDY, CANDY PRODUCT OR CONFECTIONARY, INCLUDING, BUT NOT LIMITED TO, HARD CANDY, JELLIES, GUMS, MARSHMALLOW CANDIES, FONDANT, LICORICE, SPUN CANDY, CHEWING GUM, SWEET- ENED LIQUIDS, WATER ICES, AND CANDY COATED POPCORN, NUTS OR FRUIT. 3. A. CRIMINAL SALE OF A CONTROLLED SUBSTANCE RESEMBLING CANDY IN VIOLATION OF SECTION 220.31 OR 220.34 OF THIS ARTICLE IS A CLASS B FELO- NY. B. CRIMINAL SALE OF A CONTROLLED SUBSTANCE RESEMBLING CANDY IN VIOLATION OF SECTION 220.39 OF THIS ARTICLE IS A CLASS A-II FELONY. C. CRIMINAL SALE OF A CONTROLLED SUBSTANCE RESEMBLING CANDY IN VIOLATION OF SECTION 220.41 OR 220.43 OF THIS ARTICLE IS A CLASS A-I FELONY.
S 221.56 CRIMINAL SALE OF MARIHUANA RESEMBLING CANDY. 1. A PERSON IS GUILTY OF CRIMINAL SALE OF MARIHUANA RESEMBLING CANDY WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY SELLS MARIHUANA IN VIOLATION OF THE PROVISIONS OF THIS ARTICLE, AND: A. SUCH MARIHUANA HAS BEEN DESIGNED, ALTERED, OR FORMULATED TO TASTE OR SMELL LIKE CANDY; OR B. SUCH MARIHUANA HAS BEEN PACKAGED AS, REPRESENTED OR MARKETED TO BE, OR OTHERWISE APPEARS TO BE CANDY. 2. AS USED IN THIS SECTION, "CANDY" MEANS ANY CANDY, CANDY PRODUCT OR CONFECTIONARY, INCLUDING, BUT NOT LIMITED TO, HARD CANDY, JELLIES, GUMS, MARSHMALLOW CANDIES, FONDANT, LICORICE, SPUN CANDY, CHEWING GUM, SWEET- ENED LIQUIDS, WATER ICES, AND CANDY COATED POPCORN, NUTS OR FRUIT. 3. A. CRIMINAL SALE OF MARIHUANA RESEMBLING CANDY IN VIOLATION OF SECTION 221.35 OF THIS ARTICLE IS A CLASS A MISDEMEANOR. B. CRIMINAL SALE OF MARIHUANA RESEMBLING CANDY IN VIOLATION OF SECTION 221.40 IS A CLASS E FELONY. C. CRIMINAL SALE OF MARIHUANA RESEMBLING CANDY IN VIOLATION OF SECTION 221.45 IS A CLASS D FELONY. D. CRIMINAL SALE OF MARIHUANA RESEMBLING CANDY IN VIOLATION OF SECTION 221.50 IS A CLASS C FELONY. E. CRIMINAL SALE OF MARIHUANA RESEMBLING CANDY IN VIOLATION OF SECTION 221.55 IS A CLASS B FELONY. S 2. This act shall take effect on the first of November next succeed- ing the date upon which it shall have become a law.

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