BILL NUMBER: S595
SPONSOR: ORTT
 
TITLE OF BILL:
An act to amend the penal law, in relation to the criminalization of
selling, using or possessing synthetic drugs
 
PURPOSE:
This bill would add synthetic hallucinogenic compounds and chemical
derivatives on the controlled substance list.
 
SUMMARY OF PROVISIONS:
Section 1 Amend the penal law adding a new section 220.66 to criminalize
the sale, use of synthetic drugs and other similar compounds.
Section 2 is the severability clause. Section 3 is the effective date.
 
JUSTIFICATION:
This legislation would crack down on this dangerous trend. that is grow-
ing among the youth. The US Association for Poison Control in 2010
reported 1300 overdoses directly related to synthetic drugs, and in 2011
there was a tenfold increase to over 13,000 overdoses. Over 60* of the
users are under 25 years old.
Synthetic drugs are substances with structural features and effects
similar to those in THC, the main compound found in marijuana-These
drugs are chemically created in laboratories where the effects of are
enhanced resulting in a dangerous and addictive drug. These chemicals
are extremely dangerous and are falsely advertised as incense, bath
salts in order to "legally" be sold. The use of this synthetic drug is
widespread and is a growing trend among teens because of its legal
status and accessibility.
The drugs are manufactured by drug companies primarily in China. These
laboratories can change the chemical makeup so that new substances are
not found on the list of controlled substances and thus no criminal
liability attaches to the seller despite harmful effects to users. The
revenue or profit ratio for organic drugs is around 20 to 40 dollars for
each dollar spent, with potential cost of an A felony. The revenue
ratio for synthetic drugs is 75 dollars to each one spent and there is
no criminal liability because the law is not catching up with the new
drugs in any given year to make the sale or consumption criminal.
 
PRIOR LEGISLATIVE HISTORY:
2021-2022: S. 2692 Referred to Codes
S.118 of 2019/20 Referred to Codes
S.738 of 2017/2018 Advanced to Third Reading
S.5888/A. 4175 of 2016/17 Passed Senate
 
FISCAL IMPLICATIONS FOR STATE:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.