BILL NUMBER:A6494A

TITLE  OF BILL:   An act to amend the penal law, in relation to the sale
of controlled substances to minors

PURPOSE OF BILL:  To amend the Penal Law to provide  that  the  sale  of
controlled  substances  to  minors  may  be prosecuted as a more serious
offense.

SUMMARY OF SPECIFIC PROVISIONS:

§220.41 and §220.43 are amended by adding new sections which address the
sale of a controlled substance to a person less than eighteen (10  years
of age and to a person less than fourteen (14) years of age.

JUSTIFICATION:  There has been a recent increase in drug use, especially
opiate  based  substances, by young adults and teenagers. There has also
been an increase in overdose cases and overdose deaths.  Many  of  these
youngsters  start  experimenting  in  their teenage years with addicting
prescription drugs and opiate based prescription  drugs.  Being  adoles-
cents,  they  believe  they are invincible. They become dependent on the
likes of oxycodine, vicodin and  other  controlled  substances.    There
comes a point where it becomes too expensive and difficult to obtain the
prescriptions.  Some  will  then turn to heroin as a replacement so they
can obtain the desired high they felt from the prescriptions.  They  may
start  by  snorting or smoking it believing that this will not result in
              

addiction. When a more desirable high is needed they  being  to  use  it
intravenously.

Nassau County recently had a crisis when middle school children thirteen
and  fourteen years old wanted to use heroin. They left home and began a
search to buy heroin as was later detected by a review of their computer
internet history. To provide a criminal sanction for drug dealers, there
is a need for the section dealing with someone who would sell drugs to a
child this age.

Drug use (especially heroin) has become more prevalent among high school
students. Although, the total answer to this epidemic is not to be found
in the amendment of these two sections of the law, the passage  of  this
bill  will  result  in another tool to help in the battle to protect our
children. Drug dealers prey upon our young people and must in  appropri-
ate circumstances be dealt with harshly.  The proposals embodied in this
bill  are  not intended to punish the drug afflicted youngsters, but are
instead intended to punish those who profit from the enterprise of sell-
ing these drugs to our children.

It is widely recognized that the combination of education, treatment and
enforcement is the most effective way to  protect  our  youngsters  from
narcotics  addiction.  This  bill provides substantial assistance to law
enforcement in the crucially important element of enforcement.

LEGISLATIVE HISTORY:  New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on September 1, 2010.