Senator Kathy Marchione announces Senate passage of her legislation increasing criminal penalties on drug dealers who peddle their poison to minors

For Release: Tuesday, June 13, 2017

Albany, NY – Senator Kathy Marchione (R,C,I,Reform-Halfmoon), Chair of the Senate Local Government Committee, tonight announced the Senate’s passage of her common sense legislation that would increase criminal penalties for drug dealers who push and peddle their poison to children under 14 years of age.

Senator Marchione’s legislation, Senate Bill S. 3845, would amend the State’s Penal Law to create the crime of “Criminal Sale of a Controlled Substance to a Child in the First Degree.” Senator Marchione’s bill, which would make the sale of a controlled substance by an adult to a minor under the age of 14 a class A-II felony, passed during tonight’s Senate Session by a vote of 59-4.

There has been a recent, alarming increase in drug use, especially opiate-based substances, by young adults and teenagers. In addition, there has been a significant rise in overdose cases and deaths. Many of these youths start experimenting in their teenage years with addicting prescription drugs and opiate-based prescription drugs. As noted in the bill memo to Senator Marchione’s legislation, Nassau County recently had a crisis when some middle school children – 13 and 14 years-old – sought to use heroin. Some left home and began a search to buy heroin, as was later detected by a review of their computers’ Internet history.

To provide a greater penalty on, and deterrent for, drug dealers, there is a need to increase sanctions on a criminal who would sell drugs to a minor. The passage of Senator Marchione’s legislation will result in another tool to help law enforcement in the ongoing battle to protect children from drug dealers. Senator Marchione’s bill intends to punish those who profit from the deadly enterprise of selling drugs to New York’s children as it is widely recognized that a holistic combination of education, treatment, and enforcement is the most effective way to protect youths from narcotics abuse, addiction, and death. Senator Marchione’s legislation would provide substantial assistance to law enforcement in the crucial area of enforcement.

“Drug dealers who push their poison and peddle addiction and death to our children are a clear and present danger. My legislation would increase the penalties for these criminals and help serve as a deterrent to anyone who would otherwise try and prey on youths,” Senator Marchione said.

Senator Marchione’s legislation has an Assembly companion measure, Assembly Bill A.3981, sponsored by Assemblywoman Michaelle C. Solages (D-Elmont). The bill was last referred to the Assembly Codes Committee.

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