STATE OF NEW YORK ________________________________________________________________________ 7720 2025-2026 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Section 220.03 of the penal law, as amended by section 4 of 2 part I of chapter 57 of the laws of 2015, the opening paragraph as 3 amended by chapter 433 of the laws of 2021, is amended to read as 4 follows: 5 § 220.03 [Criminal] Unlawful possession of a controlled substance [in 6 the seventh degree]. 7 A person is guilty of [criminal] unlawful possession of a controlled 8 substance [in the seventh degree] when [he or she] such person knowingly 9 and unlawfully possesses a controlled substance; provided, however, that 10 it shall not be a violation of this section when a person possesses a 11 residual amount of a controlled substance and that residual amount is in 12 or on a hypodermic syringe or hypodermic needle; nor shall it be a 13 violation of this section when a person's unlawful possession of a 14 controlled substance is discovered as a result of seeking immediate 15 health care as defined in paragraph (b) of subdivision three of section 16 220.78 of this article, for either another person or [him or herself] 17 for such principal person because such person is experiencing a drug or 18 alcohol overdose or other life threatening medical emergency as defined 19 in paragraph (a) of subdivision three of section 220.78 of this article. 20 [Criminal] Unlawful possession of a controlled substance [in the 21 seventh degree] is a [class A misdemeanor] violation. 22 § 2. This act shall take effect on the ninetieth day after it shall 23 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11425-01-5