S T A T E O F N E W Y O R K
________________________________________________________________________
7720
2025-2026 Regular Sessions
I N A S S E M B L Y
April 8, 2025
___________
Introduced by M. of A. VANEL -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to making the possession of
certain amounts of a controlled substance a violation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 220.03 of the penal law, as amended by section 4 of
part I of chapter 57 of the laws of 2015, the opening paragraph as
amended by chapter 433 of the laws of 2021, is amended to read as
follows:
§ 220.03 [Criminal] UNLAWFUL possession of a controlled substance [in
the seventh degree].
A person is guilty of [criminal] UNLAWFUL possession of a controlled
substance [in the seventh degree] when [he or she] SUCH PERSON knowingly
and unlawfully possesses a controlled substance; provided, however, that
it shall not be a violation of this section when a person possesses a
residual amount of a controlled substance and that residual amount is in
or on a hypodermic syringe or hypodermic needle; nor shall it be a
violation of this section when a person's unlawful possession of a
controlled substance is discovered as a result of seeking immediate
health care as defined in paragraph (b) of subdivision three of section
220.78 of this article, for either another person or [him or herself]
FOR SUCH PRINCIPAL PERSON because such person is experiencing a drug or
alcohol overdose or other life threatening medical emergency as defined
in paragraph (a) of subdivision three of section 220.78 of this article.
[Criminal] UNLAWFUL possession of a controlled substance [in the
seventh degree] is a [class A misdemeanor] VIOLATION.
§ 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.
LBD11425-01-5