NY State Senate Bill 2025-S5376

Senate Bill S5376

2025-2026 Legislative Session

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

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 21, 2025	referred to codes

co-Sponsors

2025-S5376 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §220.06, Pen L
Versions Introduced in 2023-2024 Legislative Session:: S6208

2025-S5376 (ACTIVE) - Summary

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

2025-S5376 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5376

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:

2023-24 -S.6208, referred to Codes

 
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.

2025-S5376 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5376
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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.
                                                            LBD08900-01-5

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Senate Bill S5376

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Sponsored By

Jacob Ashby