Relates to the sale of controlled substances

Section 2 of this bill amends Penal Law section 220.06 by adding a new subdivision 9 and making the section gender neutral. New subdivision 9 provides that a person will be guilty of the offense of criminal possession of a controlled substance in the 4th degree if he or she possesses one or more compounds or mixtures containing heroin and the aggregate weight of the compounds or mixtures is 500 milligrams or more.

Section 3 of this bill amends Penal Law section 220.09 by adding two new subdivisions and making the section gender neutral. New subdivision 16 provides that a person will be guilty of the offense of criminal possession of a controlled substance in the 3rd degree if he or she possesses one or more compounds or mixtures containing heroin and the aggregate weight of the compounds or mixtures is 1 gram or more. New subdivision 17 provides that a person will be guilty of the offense of criminal possession of a controlled substance in the 3rd degree if he or she possesses one or more compounds or mixtures containing two or more controlled substances and the aggregate weight of the compounds or mixtures is 3 grams or more.

Section 4 of this bill amends Penal Law section 220.16 by adding two new subdivisions and making the section gender neutral. New subdivision 14 provides that a person will be guilty of the offense of criminal possession of a controlled substance in the 2nd degree if he or she possesses one or more compounds or mixtures containing heroin and the aggregate weight of the compounds or mixtures is 2 grams or more. New subdivision 15 provides that a person will be guilty of the offense of criminal possession of a controlled substance in the 2nd degree if he or she possesses one or more compounds or mixtures containing two or more controlled substances and the aggregate weight of the compounds or mixtures is 6 grams or more.

Section 5 of this bill amends Penal Law section 220.18 by adding two new subdivisions. New subdivision 8 provides that a person will be guilty of the offense of criminal possession of a controlled substance in the 2nd degree if he or she possesses one or more compounds or mixtures containing heroin and the aggregate weight of the compounds or mixtures is 9 grams or more. New subdivision 8 provides that a person will be guilty of the offense of criminal possession of a controlled substance in the 3rd degree if he or she possesses one or more compounds or mixtures containing two or more controlled substances and the aggregate weight of the compounds or mixtures is 36 grams or more.

Section 6 of this bill amends Penal Law section 220.21 by adding two new subdivisions. New subdivision 3 provides that a person will be guilty of the offense of criminal possession of a controlled substance in the 1st degree if he or she possesses one or more compounds or mixtures containing heroin and the aggregate weight of the compounds or mixtures is 45 grams or more. New subdivision 4 provides that a person will be guilty of the offense of criminal possession of a controlled substance in the 3rd degree if he or she possesses one or more compounds or mixtures containing two or more controlled substances and the aggregate weight of the compounds or mixtures is 180 grams or more.

Section 7 of this bill amends Penal Law section 220.39 by adding two new subdivisions and making the section gender neutral. New subdivision 10 provides that a person will be guilty of the offense of criminal sale of a controlled substance in the 3rd degree if he or she knowingly and unlawfully sells one or more compounds or mixtures containing two or more controlled substances and the aggregate weight of the compounds or mixtures is 8 grams or more. New subdivision 11 provides that a person will be guilty of the offense of criminal sale of a controlled substance in the 3rd degree if he or she knowingly and unlawfully sells heroin.

Section 8 of this bill amends Penal Law section 220.41 by adding two new subdivisions and making the section gender neutral. New subdivision 8 provides that a person will be guilty of the offense of criminal sale of a controlled substance in the 2nd degree if he or she knowingly and unlawfully sells one or more compounds or mixtures containing heroin and the aggregate weight of the compounds or mixtures is 5 grams or more. New subdivision 9 provides that a person will be guilty of the offense of criminal sale of a controlled substance in the 2nd degree if he or she knowingly and unlawfully sells one or more compounds or mixtures containing two or more controlled substances and the aggregate weight of the compounds or mixtures is 16 grams or more.

Section 9 of this bill amends Penal Law section 220.43 by adding two new subdivisions and making the section gender neutral. New subdivision 3 provides that a person will be guilty of the offense of criminal sale of a controlled substance in the 1st degree if he or she knowingly and unlawfully sells one or more compounds or mixtures containing heroin and the aggregate weight of the compounds or mixtures is 25 grams or more. New subdivision 4 provides that a person will be guilty of the offense of criminal sale of a controlled substance in the 1st degree if he or she knowingly and unlawfully sells one or more compounds or mixtures containing two or more controlled substances and the aggregate weight of the compounds or mixtures is 40 grams or more.

Section 10 of this bill amends Penal Law section 220.46 to make the section gender neutral and to remove fentanyl from the offense.

Section 11 of this bill amends the Penal Law by adding a new section 220.47 to establish the offense of criminal injection of heroin or fentanyl. A person is guilty of this offense if he or she knowingly and unlawfully possesses heroin or fentanyl and he or she intentionally injects by means of a hypodermic syringe all or any portion of that drug into another person's body without his or her consent. This new offense is a class C felony.

Section 12 of this bill amends Penal Law section 220.60 to add a new subdivision and to make the section gender neutral. New subdivision (i) adds simultaneous possession of acetic anhydride and sodium carbonate and ammonium chloride to the offense of criminal possession of precursors of controlled substances.

Section 13 amends Penal Law section 230.34(1) to add heroin to the list of drugs that, if unlawfully provided to a person being patronized with the intent to impair such person's judgment would constitute the offense of sex trafficking. Section 14 of this bill provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Existing law

Currently, heroin is included in the Penal Law's definition of the term "narcotic drug."

Justification

In the past few years, we have seen the number of deaths due to heroin overdoses skyrocket. In January 2016, the New York Times reported that in 2014, 47,055 people in this Country died from a heroin overdose, which is the equivalent of 125 Americans dying from an overdose every day.

Polydrugs, which are usually a mixture of two or more controlled substances, are gaining popularity. In a span of 12 days beginning in late March of this year, 10 people died in Sacramento, California from overdoses of narcotic drugs laced with Fentanyl. In late January and early February of this year, 23 people died in Buffalo from overdoses of polydrugs that contained heroin and fentanyl.

To stop these needless deaths, we need to stop the supply. Increasing the penalties for heroin and polydrug offenses will provide a disincentive to drug dealers. The more drug dealers that we can get off the streets, the more lives we will save.

Legislative history

New bill

Fiscal implications

None to the State

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.