Decreases the amount of possession of narcotics necessary to constitute criminal possession in the fifth degree

BILL NUMBER:S5401

Title of bill

An act to amend the penal law, in relation to criminal possession of narcotics

Purpose

This bill decreases the amount of possession of narcotics necessary to constitute criminal possession in the fifth degree.

Summary of provisions

Section 1 amends subdivision 2 of section 220.06 of the penal law, as amended by chapter 75 of the laws of 1995, to change the weight needed for criminal possession in the 5th degree from one-half ounce of narcotics to five hundred milligrams or more.

Justification

The use of illegal narcotics is a growing problem. Current statue requires that in order to be charged with criminal possession in the 5th degree you must have one-half ounce of narcotics, although most users currently buy narcotics in bundles equaling roughly I gram. This creates a challenge for law enforcement when attempting to crack down on these deadly drugs.

This law would decrease the amount of narcotics, like heroin, one would need to be arrested with in order to be charged with possession in the 5th degree to 500 milligrams, the same as it currently is for cocaine. By making this change, we can help give law enforcement the tools they need to crack down on these dangerous drugs

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the first of November in the year after it becomes law.