S T A T E O F N E W Y O R K
________________________________________________________________________
381
2019-2020 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2019
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
larceny of a controlled substance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 220.80 to
read as follows:
§ 220.80 LARCENY OF A CONTROLLED SUBSTANCE.
A PERSON IS GUILTY OF LARCENY OF A CONTROLLED SUBSTANCE WHEN HE OR SHE
COMMITS THE CRIME OF LARCENY AND THE STOLEN PROPERTY CONSISTS OF MORE
THAN TWENTY-FIVE DOSAGE UNITS OF A SCHEDULE II, III, IV, OR V CONTROLLED
SUBSTANCE WHICH IS STOLEN FROM A PHARMACY. FOR THE PURPOSES OF THIS
SECTION:
1. "LARCENY" HAS THE SAME MEANING AS DEFINED IN SECTION 155.05 OF THIS
PART.
2. "PHARMACY" MEANS ANY PLACE IN WHICH DRUGS, PRESCRIPTIONS OR POISONS
ARE POSSESSED FOR THE PURPOSE OF COMPOUNDING, PRESERVING, DISPENSING OR
RETAILING, OR IN WHICH DRUGS, PRESCRIPTIONS OR POISONS ARE COMPOUNDED,
PRESERVED, DISPENSED OR RETAILED, OR IN WHICH SUCH DRUGS, PRESCRIPTIONS
OR POISONS ARE BY ADVERTISING OR OTHERWISE OFFERED FOR SALE AT RETAIL.
3. "SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCE" MEANS ANY
SUBSTANCE LISTED IN SCHEDULES II, III, IV, AND V OF SECTION THIRTY-THREE
HUNDRED SIX OF THE PUBLIC HEALTH LAW.
LARCENY OF A CONTROLLED SUBSTANCE IS A CLASS A-II FELONY.
§ 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03260-02-9