S T A T E O F N E W Y O R K
________________________________________________________________________
6304
2019-2020 Regular Sessions
I N A S S E M B L Y
March 5, 2019
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Introduced by M. of A. PALMESANO -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to the possession and sale of
methamphetamine
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8 of section 220.06 of the penal law, as added
by chapter 264 of the laws of 2003, is amended and a new subdivision 9
is added to read as follows:
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 METHAMPHETAMINE, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND
SAID PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE
WEIGHT OF ONE HUNDRED MILLIGRAMS OR MORE.
§ 2. Subdivision 2 of section 220.09 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended to read as follows:
2. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers and
said preparations, compounds, mixtures or substances are of an aggregate
weight of [one-half ounce] ONE GRAM or more; or
§ 3. Subdivision 7 of section 220.16 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended to read as follows:
7. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers with
intent to sell it [and] OR said preparations, compounds, mixtures or
substances are of an aggregate weight of one-eighth ounce or more; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05769-01-9
A. 6304 2
§ 4. Subdivision 2 of section 220.21 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended and a new subdivision 3 is
added to read as follows:
2. methadone and said methadone weighs five thousand seven hundred
sixty milligrams or more[.]; OR
3. ONE OR MORE PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES
CONTAINING METHAMPHETAMINE, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND
SAID PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE
WEIGHT OF FIVE OUNCES OR MORE.
§ 5. Subdivision 7 of section 220.39 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended to read as follows:
7. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers [and
the preparations, compounds, mixtures or substances are of an aggregate
weight of one-eighth ounce or more]; or
§ 6. Subdivision 2 of section 220.43 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended and a new subdivision 3 is
added to read as follows:
2. methadone and the methadone weighs two thousand eight hundred
eighty milligrams or more[.]; OR
3. ONE OR MORE PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES
CONTAINING METHAMPHETAMINE, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND
SAID PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE
WEIGHT OF TWO OUNCES OR MORE.
§ 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law and shall apply only to
offenses committed on or after such date; offenses committed prior to
such date shall be governed by the provisions of law in effect at the
time the offense was committed.