S T A T E O F N E W Y O R K
________________________________________________________________________
3324
2025-2026 Regular Sessions
I N A S S E M B L Y
January 27, 2025
___________
Introduced by M. of A. SMITH, BENDETT, ANGELINO, SAYEGH, CHANG, SLATER,
NOVAKHOV, BRABENEC, MIKULIN, MORINELLO, DeSTEFANO, HAWLEY, MILLER --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to presumption of intent to
sell
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 220.26 to
read as follows:
§ 220.26 PRESUMPTION OF INTENT TO SELL.
FOR THE PURPOSES OF A PROSECUTION OF A CHARGE UNDER SUBDIVISION ONE OF
SECTION 220.16 OF THIS ARTICLE, THE POSSESSION OF FORTY OR MORE INDIVID-
UAL PACKAGES CONTAINING ONE OR MORE PREPARATIONS, COMPOUNDS, MIXTURES OR
SUBSTANCES OF THE CONTROLLED SUBSTANCE DEFINED UNDER PARAGRAPH ELEVEN OF
SUBDIVISION (C) 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 4.0 GRAMS OR MORE, IS PRESUMP-
TIVE EVIDENCE THAT SUCH PERSON POSSESSED SUCH CONTROLLED SUBSTANCE WITH
INTENT TO SELL IT.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01491-01-5
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