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.