Senate Bill S2316

                                 BILL NUMBER:  S2316

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


 PURPOSE OF BILL :
To amend the Penal Law to ensure that the sale of a controlled
substance to a minor is treated as a more substantial 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 (18)
years of age and to a person less than fourteen (14) years of age.

 JUSTIFICATION :
Recently there has been an increase in drug use by young adults and
teenagers especially opiate based drugs. There has also been an
increase in overdose cases and overdose deaths. Many of these youths
start experimenting in their teenage years with addicting prescription
drugs and opiate based prescription drugs. Being adolescent, they
believe they are invincible. They become dependent on oxycodine,
vicodin and other controlled substances. There comes a point where it
becomes too expensive and hard to obtain the prescriptions. Some will
then turn to heroin as a replacement so they can still obtain the
              

desired high they felt from the prescriptions.  They possibly start
with the snorting it or smoking it believing that this will not make
them an addict or addicted. When a more desirable high is needed they
being to use it intravenously.

Nassau County recently has an issue where middle school children
thirteen and fourteen years old wanted to use heroin. They left home
and began a search to buy heroin as was detected by a search of their
computers. 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 amongst high
school students. Although, the total answer to this epidemic is not
the amendment of these two sections of the law, we believe it is
another tool to help eradicate or minimize the existing drug use
amongst our children. The dealers of the drugs prey upon our youth and
we must show this will not be tolerated and will be dealt with
harshly. These proposals are not intended to punish the drug addicted
youth, but are intended to punish those that deal these drugs to our
children.

It is widely recognized that the three-prong approach is the most
effective way to deal with this epidemic:

1. Education. Educate parents through PTA's community groups and
media.  Educate our youths starting at an earlier age, in the 5th,
6th, 7th and 8th grade on the dangers of drug use. This must continue
through high school, possibly by the use of assemblies and health
class education.

2. Treatment. The drug addict needs paths to take when the use is
detected or they seek help. Schools and parents need places to go to
help them when they do not know what to do. When the youth seeks help
or help is needed, the program has to be there, and without a lot of
tape to get in it.

3. Enforcement. This is where ewe come into the picture. We direct the
harsh enforcement on the user although it is a tool to keep them
alive. We feel that it would be a much better scenario for a parent to
visit their child in the station house arrested for possession than on
a slab in the morgue after an overdose. The enforcement of our sale
statutes needs to be enforced and our army of drug fighting agents
needs to be increased. we need to direct our enforcement energy on the
drug seller, the importer and the manufacturer.

Knowing that the sale to a minor of a controlled substance could
incarcerate them for much of their adult life, and knowing that if
that person or another person dies from drugs they sold could have
them charged with manslaughter might make the drug dealers seek
another line of work.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on September 1, 2009.