NY State Senate Bill 2023-S6208

Senate Bill S6208

2023-2024 Legislative Session

Classifies possession of fentanyl as criminal possession of a controlled substance in the fifth degree

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Current Bill Status - In Senate Committee Codes 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Apr 03, 2023	referred to codes

co-Sponsors

2023-S6208 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §220.06, Pen L

2023-S6208 (ACTIVE) - Summary

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

2023-S6208 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6208

SPONSOR: ASHBY
 
TITLE OF BILL:

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

 
PURPOSE:

To give police officers and investigators the tools they need to charge
drug dealers for selling fentanyl.

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal law to state that a person is guilty of crim-
inal possession of a controlled substance in the fifth degree when he
knowingly and unlawfully possesses: one or more preparations, compounds,
mixtures or substances containing fentanyl, carfentanyl, or analogs
thereof when such preparations, compounds, mixtures or substances are of
an aggregate weight of five_hundred_milligrams_or_more

Section 2 says this act shall take effect on the first of November next
succeeding the date on which it becomes law.

 
JUSTIFICATION:

New York State is in an opioid pandemic fueled by fentanyl. Fentanyl is
being used alone and is also added to other illicit drugs which has
increased the number of fatal overdoses.

This legislation is necessary for law enforcement to prosecute individ-
uals who intentionally sell fentanyl and/or any drugs that contain
fentanyl, which is contributing to over 100,000 fatal overdoses a year
nationwide.

This legislation would classify this offense at the same level as
cocaine-which is a Class D Felony. Currently, there is no charge for
fentanyl dealers, which renders the criminal justice system unable to
hold them accountable.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it becomes law.

2023-S6208 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6208
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2023
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- 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:
 
   Section 1. Subdivisions 5 and 8 of section 220.06 of  the  penal  law,
 subdivision  5 as amended by chapter 75 of the laws of 1995 and subdivi-
 sion 8 as added by chapter 264 of the laws of 2003, are  amended  and  a
 new subdivision 9 is added to read as follows:
   5. cocaine and said cocaine weighs five hundred milligrams or more[.];
 OR
   8.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
 subdivision (e) of schedule I of section thirty-three hundred six of the
 public  health  law,  and  said  preparations,  compounds,  mixtures  or
 substances are of an aggregate weight of twenty-eight grams or  more[.];
 OR
   9.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING FENTANYL, CARFENTANYL, OR ANALOGS THEREOF WHEN SUCH  PREPARA-
 TIONS,  COMPOUNDS,  MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF
 FIVE HUNDRED MILLIGRAMS OR MORE.
   § 2. This act shall take effect on the first of November next succeed-
 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.
                                                            LBD06228-01-3

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Senate Bill S6208

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Sponsored By

Jacob Ashby