BILL NUMBER:  S2824

 TITLE OF BILL :  An act to amend the penal law, in relation to the
possession and sale of methamphetamine

 PURPOSE OF BILL :

To amend the penal law, so that the penalties for the possession and
or sale of methamphetamine are similar to that of the penalties for
possession and/or sale of heroin and cocaine.

 SUMMARY OF PROVISIONS :

Amends the penal law by adding a new subdivision 9 to section 220.06
making it a Class D felony to possess one or more preparations,
compounds, mixtures or substances containing methamphetamine, its
salts, isomers or salts of isomers and said preparations, compounds,
mixtures or substances if of an aggregate weight of one hundred
milligrams or more.

Amends subdivision 2 of section 220.09 of the penal law making it a
Class C felony to possess one or more preparations, compounds, mixture
or substances containing methamphetamine, its salts, isomers or salts
isomers and said preparations, compounds, mixtures or substances if an
aggregate weight of one gram or more. Current law makes it a Class
felony for possession of one-half ounce or more of methamphetamine.
              

Amends subdivision 7 of section 220.16 of the penal law making it a
Class B felony if there is an intent to sell one or more preparations,
compounds, mixtures or substances containing methamphetamine, its
salts, isomers or salts of isomers or for the possession of said
preparations, compounds, mixtures or substances of an aggregate weight
of one-eighth ounce or more. Current law requires the intent to sell
and possession of an aggregate weight of one-eighth ounce or more of
methamphetamine to be considered a Class B felony.

Amends the penal law by adding a new subdivision 3 to section 220.21
making it a Class A-1 felony to possess one or more preparations,
compounds, mixtures or substances containing methamphetamine, its salt
isomers or salts of isomers and said preparations, compounds, mixtures
or substances if of an aggregate weight of five ounces or more.

Amends subdivision 7 of section 220.39 of the penal law, making the
sale of one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers a
Class B felony. Current law requires the aggregate weight of the
methamphetamine being sold to be one-eighth ounce or more in order to
be considered a Class B felony.

Amends the penal law by adding a new subdivision 3 to section 220.43
making it a Class A-1 felony for the sale of one or more preparations,
compounds, mixtures or substances containing methamphetamine, its
salts, isomers or salts of isomers and said preparations, compounds,
mixtures or substances if of an aggregate weight of two ounces or
more.

 JUSTIFICATION :

The US Department of Justice National Drug Intelligence Center has
reported domestic methamphetamine availability is at a five year high,
the result of increasing large scale production of the drug in Mexico
and increases in the small scale production in the United States. For
the second consecutive year, seizures of methamphetamine laboratories
in the United States have risen as a result of the prevalence of what
the US Department of Justice refers to as small scale "one pot" or
"shake and bake" laboratories.
Overall methamphetamine availability is high and increasing, with
seizure, price, and purity levels indicating an increase in
availability or the drug in the US drug markets since 2009. Data
available through the System to Retrieve Information from Drug
Evidence (STRIDE) suggest that as the price of methamphetamine
decreases, its use increases, as indicated by price numbers for the
drug in 2009 when it reached its lowest level since 2005, another year
of increased use.

While methamphetamine has traditionally been associated with Western
and Southern regions of the country, its influence, and thus its sale
and possession are moving towards the East Coast. This legislation
will make the penalties for possession and or sale of methamphetamine
the same as that of the possession and/or sale of cocaine and heroin.
In doing so New York State will join neighboring states of
Pennsylvania, Ohio, and Massachusetts in implementing strict
methamphetamine laws, and solidifies a preventive block against the
drug's use and sale of the Northeastern part of the US.

Current methamphetamine laws in New York are lax, underestimating a
growing problem and leaving the state vulnerable to its widespread use
and sale. As methamphetamine use and sale moves east and small scale
production increases, this legislation will provide New York's justice
system the means necessary to ensure New York State does not become
grounds for prevalent methamphetamine use. With the average age of an
individual having used methamphetamine in New York State being
nineteen years of age, this legislation is a preventive effort by the
State of New York to deter methamphetamine use and production within
its border and keep its sale off our streets, and protect our children
from the dangerous and potentially its use.

 PRIOR LEGISLATIVE HISTORY :

2016- S.1150
2014- S.3289

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This bill shall take effect on the first of November next succeeding
the date on which it shall have become law and shall apply only to
offenses committed on or after such date; offenses committed prior to
such date shall be governed by the provisions of law in effect at the
time the offense was committed.