STATE OF NEW YORK ________________________________________________________________________ 3152 2023-2024 Regular Sessions IN SENATE January 30, 2023 ___________ Introduced by Sens. PALUMBO, MATTERA -- 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 criminal possession and sale of stimulants weighing fifteen grams or more The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 220.21 of the penal law, as amended by chapter 75 2 of the laws of 1995, the opening paragraph and subdivision 1 as amended 3 by chapter 738 of the laws of 2004, is amended to read as follows: 4 § 220.21 Criminal possession of a controlled substance in the first 5 degree. 6 A person is guilty of criminal possession of a controlled substance in 7 the first degree when he or she knowingly and unlawfully possesses: 8 1. one or more preparations, compounds, mixtures or substances 9 containing a narcotic drug and said preparations, compounds, mixtures or 10 substances are of an aggregate weight of eight ounces or more; or 11 2. methadone and said methadone weighs five thousand seven hundred 12 sixty milligrams or more[.]; or 13 3. a stimulant and said stimulant weighs fifteen grams or more. 14 Criminal possession of a controlled substance in the first degree is a 15 class A-I felony. 16 § 2. Section 220.43 of the penal law, as amended by chapter 785 of the 17 laws of 1975, subdivisions 1 and 2 as amended by chapter 75 of the laws 18 of 1995, is amended to read as follows: 19 § 220.43 Criminal sale of a controlled substance in the first degree. 20 A person is guilty of criminal sale of a controlled substance in the 21 first degree when he knowingly and unlawfully sells: 22 1. one or more preparations, compounds, mixtures or substances 23 containing a narcotic drug and the preparations, compounds, mixtures or 24 substances are of an aggregate weight of two ounces or more; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08007-01-3
S. 3152 2 1 2. methadone and the methadone weighs two thousand eight hundred 2 eighty milligrams or more[.]; or 3 3. a stimulant and the stimulant weighs fifteen grams or more. 4 Criminal sale of a controlled substance in the first degree is a class 5 A-I felony. 6 § 3. This act shall take effect immediately.