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Senate Bill S5376

2025-2026 Legislative Session

Classifies possession of fentanyl as criminal possession of a controlled substance in the fifth degree

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Current Bill Status - In Senate Committee Codes Committee

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2025-S5376 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §220.06, Pen L
Versions Introduced in 2023-2024 Legislative Session:
S6208

2025-S5376 (ACTIVE) - Summary

Classifies possession of substances containing fentanyl, carfentanyl, or analogs thereof as criminal possession of a controlled substance in the fifth degree.

2025-S5376 (ACTIVE) - Sponsor Memo

2025-S5376 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5376
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by  Sens.  ASHBY,  BORRELLO, RHOADS, WEBER -- 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 classifying possession of
   fentanyl as criminal possession of a controlled substance in the fifth
   degree

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  5 and 8 of section 220.06 of the penal law,
 subdivision 5 as amended by chapter 75 of the laws of 1995 and  subdivi-
 sion  8  as  added by chapter 264 of the laws of 2003, are amended and a
 new subdivision 9 is added to read as follows:
   5. cocaine and said cocaine weighs five hundred milligrams or more[.];
 OR
   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  FENTANYL, CARFENTANYL, OR ANALOGS THEREOF WHEN SUCH PREPARA-
 TIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE  WEIGHT  OF
 FIVE HUNDRED MILLIGRAMS OR MORE.
   § 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.
                                                            LBD08900-01-5

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