Bill Text: NY S02734 | 2013-2014 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-23 - REFERRED TO CODES [S02734 Detail]

Download: New_York-2013-S02734-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2734
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2013
                                      ___________
       Introduced  by  Sen.  ADAMS  -- 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 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
   24    6.  ketamine  and  said  ketamine weighs more than one thousand milli-
   25  grams; or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06060-01-3
       S. 2734                             2
    1    7. ketamine and has previously been convicted  of  possession  or  the
    2  attempt to commit possession of ketamine in any amount; or
    3    8.  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 twenty-eight grams or more; OR
    8    9. ANABOLIC STEROIDS AND SAID ANABOLIC STEROIDS WEIGH  MORE  THAN  ONE
    9  THOUSAND MILLIGRAMS OR MORE THAN ONE THOUSAND PILLS.
   10    Criminal possession of a controlled substance in the fifth degree is a
   11  class D felony.
   12    S  2. Section 220.09 of the penal law, as amended by chapter 75 of the
   13  laws of 1995, subdivision 10 as amended by chapter 537 of  the  laws  of
   14  1998,  subdivision  13  as  amended  by chapter 635 of the laws of 1997,
   15  subdivision 14 as amended and subdivision 15  as added by chapter 264 of
   16  the laws of 2003, is amended to read as follows:
   17  S 220.09 Criminal possession of a controlled  substance  in  the  fourth
   18             degree.
   19    A person is guilty of criminal possession of a controlled substance in
   20  the fourth degree when he knowingly and unlawfully possesses:
   21    1.  one  or  more  preparations,  compounds,  mixtures  or  substances
   22  containing a narcotic drug and said preparations, compounds, mixtures or
   23  substances are of an aggregate weight of one-eighth ounce or more; or
   24    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
   25  containing  methamphetamine,  its salts, isomers or salts of isomers and
   26  said preparations, compounds, mixtures or substances are of an aggregate
   27  weight of one-half ounce or more; or
   28    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
   29  containing  a  narcotic  preparation  and  said preparations, compounds,
   30  mixtures or substances are of an aggregate weight of two ounces or more;
   31  or
   32    4. a stimulant and said stimulant weighs one gram or more; or
   33    5. lysergic acid diethylamide  and  said  lysergic  acid  diethylamide
   34  weighs one milligram or more; or
   35    6.  a hallucinogen and said hallucinogen weighs twenty-five milligrams
   36  or more; or
   37    7. a hallucinogenic substance and said hallucinogenic substance weighs
   38  one gram or more; or
   39    8. a dangerous depressant and such  dangerous  depressant  weighs  ten
   40  ounces or more; or
   41    9. a depressant and such depressant weighs two pounds or more; or
   42    10.  one  or  more  preparations,  compounds,  mixtures  or substances
   43  containing concentrated cannabis as defined in paragraph (a) of subdivi-
   44  sion four of section thirty-three hundred two of the public  health  law
   45  and  said  preparations,  compounds,  mixtures  or  substances are of an
   46  aggregate weight of one ounce or more; or
   47    11. phencyclidine and said  phencyclidine  weighs  two  hundred  fifty
   48  milligrams or more; or
   49    12. methadone and said methadone weighs three hundred sixty milligrams
   50  or more; or
   51    13.  phencyclidine  and  said phencyclidine weighs fifty milligrams or
   52  more with intent to sell it and has  previously  been  convicted  of  an
   53  offense  defined  in this article or the attempt or conspiracy to commit
   54  any such offense; or
   55    14. ketamine and said ketamine  weighs  four  thousand  milligrams  or
   56  more; or
       S. 2734                             3
    1    15.  one  or  more  preparations,  compounds,  mixtures  or substances
    2  containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
    3  subdivision (e) of schedule I of section thirty-three hundred six of the
    4  public  health  law,  and  said  preparations,  compounds,  mixtures  or
    5  substances are of an aggregate weight of two hundred grams or more; OR
    6    16.  ANABOLIC STEROIDS AND SAID ANABOLIC STEROIDS WEIGH MORE THAN FIVE
    7  THOUSAND MILLIGRAMS OR MORE THAN TWELVE THOUSAND FIVE HUNDRED PILLS.
    8    Criminal possession of a controlled substance in the fourth degree  is
    9  a class C felony.
   10    S  3. Section 220.16 of the penal law, as amended by chapter 75 of the
   11  laws of 1995, is amended to read as follows:
   12  S 220.16 Criminal possession of a  controlled  substance  in  the  third
   13             degree.
   14    A person is guilty of criminal possession of a controlled substance in
   15  the third degree when he knowingly and unlawfully possesses:
   16    1. a narcotic drug with intent to sell it; or
   17    2.  a  stimulant,  hallucinogen, hallucinogenic substance, or lysergic
   18  acid diethylamide, with intent to sell it and has previously  been  con-
   19  victed of an offense defined in THIS article [two hundred twenty] or the
   20  attempt or conspiracy to commit any such offense; or
   21    3.    a stimulant with intent to sell it and said stimulant weighs one
   22  gram or more; or
   23    4.  lysergic acid diethylamide with intent to sell it and said lyserg-
   24  ic acid diethylamide weighs one milligram or more; or
   25    5.  a hallucinogen with intent to sell it and said hallucinogen weighs
   26  twenty-five milligrams or more; or
   27    6.  a hallucinogenic substance with intent to sell it and said  hallu-
   28  cinogenic substance weighs one gram or more; or
   29    7.  one  or  more  preparations,  compounds,  mixtures  or  substances
   30  containing methamphetamine, its salts, isomers or salts of isomers  with
   31  intent  to  sell  it  and  said  preparations,  compounds,  mixtures  or
   32  substances are of an aggregate weight of one-eighth ounce or more; or
   33    8.  a stimulant and said stimulant weighs five grams or more; or
   34    9.  lysergic acid diethylamide and  said  lysergic  acid  diethylamide
   35  weighs five milligrams or more; or
   36    10.    a hallucinogen and said hallucinogen weighs one hundred twenty-
   37  five milligrams or more; or
   38    11.   a hallucinogenic substance  and  said  hallucinogenic  substance
   39  weighs five grams or more; or
   40    12.  one  or  more  preparations,  compounds,  mixtures  or substances
   41  containing a narcotic drug and said preparations, compounds, mixtures or
   42  substances are of an aggregate weight of one-half ounce or more; or
   43    13.   phencyclidine and said phencyclidine  weighs  one  thousand  two
   44  hundred fifty milligrams or more; OR
   45    14. ANABOLIC STEROIDS AND SAID ANABOLIC STEROIDS WEIGH MORE THAN TWEN-
   46  TY-FIVE THOUSAND MILLIGRAMS OR MORE THAN SIXTY-TWO THOUSAND FIVE HUNDRED
   47  PILLS.
   48    Criminal possession of a controlled substance in the third degree is a
   49  class B felony.
   50    S 4. This act shall take effect on the one hundred eightieth day after
   51  it shall have become a law.
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