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NY S08190

Bill

Status

Introduced

9/14/2016

Primary Sponsor

Patrick Gallivan

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Origin

Senate

2015-2016 General Assembly

AI Summary

  • Expands the definition of "controlled substance" in New York Penal Law to include controlled substance analogues of substances listed in schedules I or II of the Public Health Law.

  • Defines "controlled substance analogue" as a substance with substantially similar chemical structure to a schedule I or II controlled substance that has stimulant, depressant, or hallucinogenic effects mimicking those substances, or that a person represents or intends to have such effects.

  • Adds a new definition of "knowingly" for controlled substance analogue offenses that does not require knowledge of the substance's chemical structure, but only that the defendant knew or should have known of its effects, or represented or intended it to have such effects.

  • Excludes from analogue classification any substance with an FDA-approved drug application or approved investigational use exemption under federal law.

  • Effective date: November 1 following enactment.

Legislative Description

Adds controlled substance analogues to the definition of controlled substances; and relates to adding controlled substance analogues to the definition of controlled substances and to define the term knowingly, with respect to controlled substance offenses.

Last Action

REFERRED TO RULES

9/14/2016

Committee Referrals

Rules9/14/2016

Full Bill Text

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