Assembly Bill A8673

2021-2022 Legislative Session

Makes the possession of certain amounts of a controlled substance a violation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2021-A8673 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §220.03, Pen L
Versions Introduced in 2023-2024 Legislative Session:
A2355

2021-A8673 (ACTIVE) - Summary

Makes the possession of certain amounts of a controlled substance a violation and no longer a class A misdemeanor.

2021-A8673 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8673
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to making the  possession  of
   certain amounts of a controlled substance a violation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 220.03 of the penal law, as amended by section 4 of
 part I of chapter 57 of the laws  of  2015,  the  opening  paragraph  as
 amended  by  chapter  433  of  the  laws  of 2021, is amended to read as
 follows:
 § 220.03 [Criminal] UNLAWFUL possession of a  controlled  substance  [in
            the seventh degree].
   A  person  is guilty of [criminal] UNLAWFUL possession of a controlled
 substance [in the seventh degree] when he or she  knowingly  and  unlaw-
 fully possesses a controlled substance; provided, however, that it shall
 not  be  a  violation of this section when a person possesses a residual
 amount of a controlled substance and that residual amount is in or on  a
 hypodermic  syringe or hypodermic needle; nor shall it be a violation of
 this section  when  a  person's  unlawful  possession  of  a  controlled
 substance  is discovered as a result of seeking immediate health care as
 defined in paragraph (b) of subdivision three of section 220.78 of  this
 article, for either another person or him or herself because such person
 is  experiencing  a  drug  or alcohol overdose or other life threatening
 medical emergency as defined in paragraph (a) of  subdivision  three  of
 section 220.78 of this article.
   [Criminal]  UNLAWFUL  possession  of  a  controlled  substance [in the
 seventh degree] is a [class A misdemeanor] VIOLATION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11861-02-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.