New York S 5376: Classifies possession of fentanyl as criminal possession of a controlled substance in the fifth degree

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S05376 Summary:

BILL NOS05376 

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SAME ASNo Same As

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SPONSORASHBY

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COSPNSRBORRELLO, RHOADS, WEBER

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MLTSPNSR

&nbsp

Amd §220.06, Pen L

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Classifies possession of substances containing fentanyl, carfentanyl, or analogs thereof as criminal possession of a controlled substance in the fifth degree.

Go to top S05376 Actions:

BILL NOS05376 

&nbsp

02/21/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05376 Committee&nbspVotes:

Go to topS05376 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05376 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5376

 2025-2026 Regular Sessions

 IN SENATE

 February 21, 2025
 ___________

 Introduced by Sens. ASHBY, BORRELLO, RHOADS, WEBER -- 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 classifying possession of
 fentanyl as criminal possession of a controlled substance in the fifth
 degree

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 5 and 8 of section 220.06 of the penal law,
 2 subdivision 5 as amended by chapter 75 of the laws of 1995 and subdivi-
 3 sion 8 as added by chapter 264 of the laws of 2003, are amended and a
 4 new subdivision 9 is added to read as follows:
 5 5. cocaine and said cocaine weighs five hundred milligrams or more[.];
 6 or
 7 8. one or more preparations, compounds, mixtures or substances
 8 containing gamma hydroxybutyric acid, as defined in paragraph four of
 9 subdivision (e) of schedule I of section thirty-three hundred six of the
 10 public health law, and said preparations, compounds, mixtures or
 11 substances are of an aggregate weight of twenty-eight grams or more[.];
 12 or
 13 9. one or more preparations, compounds, mixtures or substances
 14 containing fentanyl, carfentanyl, or analogs thereof when such prepara-
 15 tions, compounds, mixtures or substances are of an aggregate weight of
 16 five hundred milligrams or more.
 17 § 2. This act shall take effect on the first of November next succeed-
 18 ing the date on which it shall have become a law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08900-01-5

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