What's happening
This bill creates new felony offenses for transporting opiate controlled substances over five miles or between counties within New York State.
Why it matters
Expands Criminal Liability for Personal Use. The bill makes it a felony to transport opiate controlled substances for personal use over certain distances within New York, meaning individuals—not just traffickers—could face serious charges, increasing potential criminal exposure for users as well as dealers.
Creates Two Levels of Felony Offenses. There are now two distinct crimes based on intent: second-degree (class E felony) for personal use, and first-degree (class B felony) for transporting with intent other than personal use, escalating penalties and legal risks depending on the context.
Targets Inter-County and Long-Distance Movement. By specifically criminalizing transportation over five miles or across county lines, the law aims to disrupt supply chains and restrict the flow of opiates within the state, possibly impacting how drugs are distributed and moved.
Raises Stakes for Defendants and Law Enforcement. The new definitions and distances may increase arrests, prosecutions, and prison sentences, potentially affecting court caseloads, jail populations, and the way law enforcement prioritizes drug-related investigations.
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Who cares
Headline styles
Crackdown on Opiate Transport
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
22 Co-sponsors
- Joseph P. Addabbo Jr.
- George Amedore
- Thomas Croci
- Simcha Felder
- John J. Flanagan
- Rich Funke
- Patrick M. Gallivan
- Martin J. Golden
- Joseph A. Griffo
- Jesse Hamilton
- Andrew J. Lanza
- William J. Larkin Jr.
- Kenneth P. LaValle
- Betty Little
- Kathleen A. Marchione
- Terrence P. Murphy
- Thomas F. O'Mara
- Robert Ortt
- Michael H. Ranzenhofer
- Patty Ritchie
- Susan Serino
- Catharine Young
History
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.72
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Opiate Drug Transport
In Assembly Committee · Codes · Sponsor Andrew Raia
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
607
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sens. BOYLE, ADDABBO, AKSHAR, AMEDORE, CROCI, FELDER, FLANAGAN, FUNKE, GALLIVAN, GOLDEN, GRIFFO, HAMILTON, LANZA, LARKIN, LAVALLE, LITTLE, MARCHIONE, MURPHY, O'MARA, ORTT, RANZENHOFER, RITCHIE, SERINO, YOUNG -- 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 the transport of an opiate controlled substance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 220.00 of the penal law is amended by adding a new subdivision 21 to read as follows:
21. "Opiate controlled substance" means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law that is classified as either an opiate or opium derivative under such law.
§ 2. The penal law is amended by adding two new sections 220.80 and 220.85 to read as follows: § 220.80 Transport of an opiate controlled substance in the second
degree.
A person is guilty of transport of an opiate controlled substance in the second degree when he or she unlawfully transports an opiate controlled substance any distance greater than five miles within the state or from one county within the state to another county within the state, for his or her own personal use.
Transport of an opiate controlled substance in the second degree is a class E felony. § 220.85 Transport of an opiate controlled substance in the first
degree.
A person is guilty of transport of an opiate controlled substance in the first degree when he or she unlawfully transports an opiate controlled substance any distance greater than five miles within the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05395-01-7
S. 607 2
state or from one county within the state to another county within the state.
It shall be a defense to the crime of transport of an opiate controlled substance in the first degree that the opiate controlled substance transported was exclusively for the defendant's own personal use. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, transport of an opiate controlled substance in the second degree or any other crime.
Transport of an opiate controlled substance in the first degree is a class B felony.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the transport of an opiate controlled substance
Purpose
This bill would further criminalize the illegal transport of an opiate controlled substance when it is transported any distance greater than five miles within the state, or from one county to another county within the state.
Summary of provisions
Section 1 amends section 220.00 of the penal law by adding new paragraph 21 that defines the term "opiate controlled substance" as a controlled substance that is further classified under Public Health Law as an opiate or opium derivative.
Section 2 amends the penal law to add new section 220.80, to create the new crime of transport of an opiate controlled substance in the second d degree, a class E felony, that is committed when one unlawfully trans- ports an opiate controlled substance any distance greater than five miles within the state, or from one county to another within the state, when the opiate controlled substance is for the defendant's own personal use.
This section also amends the penal law to add new section 220.85, to create the new crime of transport of an opiate controlled substance in the first degree, a class B felony, that is committed when one unlawfully transports an opiate controlled substance any distance greater than five miles within the state, or from one county to another within the state. This section also creates a defense to the crime in the first degree, if the defendant transported the opiate controlled substance exclusively for the defendant's own personal use. The defense does not constitute a defense to the crime transport of an opiate controlled substance in the second degree, nor any other crime.
Section 3 states that this act shall become establishes the effective date as the ninetieth day after it becomes law.
Justification
This bill criminalizes the mere movement of opiate controlled substances within the state, regardless of weight. Downstate, heroin sells for as little as $6-$10 a bag, where in upstate communities, that same bag will sell for as much as $30-$50 a bag. The lure of higher profits incentiv- izes many dealers to travel far distances to sell heroin. In rural areas, dealers may travel 3 hours in one direction in order to sell heroin at higher prices. The prevalence of opioid drugs has risen significantly in all areas of New York State. Rural and suburban areas are especially concerned about the increase of heroin trafficking into their communities.
Under current law, both sale and possession are criminal offenses. By criminalizing the unlawful transport of these dangerous and addictive substances, law enforcement will have an additional tool to prosecute dealers, especially those who travel far distances to increase their profits.
This bill differentiates individuals who are traveling with opiate controlled substances for users and dealers by providing a defense for those traveling for personal use. Individuals, organizations and companies with authorized possession of an opiate controlled substance by prescription, license or other means within the authority of the law are exempt. LEGISLATIVE HISTORY :
2014: S.7659 Passed Senate 2015-16: S.608 Passed Senate
Fiscal implications
None.
Effective date
This act shall take effect 90 days after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.