What's happening
This bill adds criminal penalties for the sale of carfentanil, setting strict weight thresholds for prosecution in New York.
Why it matters
Targets ultra-potent opioids. By specifically adding carfentanil—a substance thousands of times stronger than morphine and used as a tranquilizer for large animals—to criminal sale statutes, the bill recognizes the extreme risk this drug poses, even in minuscule amounts.
Sets very low weight thresholds. The law sets prosecution limits at just 2 milligrams (Class B felony) and 10 milligrams (Class A-II felony), reflecting the drug’s lethality and the fact that such small amounts can be fatal or capable of mass harm.
Enables stronger law enforcement response. By explicitly naming carfentanil and providing clear thresholds, law enforcement and prosecutors gain more direct tools to address its distribution, potentially deterring traffickers who exploit legal ambiguities about new synthetic opioids.
Signals public health urgency. The amendment highlights growing concerns about synthetic opioid overdoses, aiming to curb the spread of substances that have contributed to rapid increases in accidental deaths, and underscores legislative intent to treat emerging drugs with heightened seriousness.
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Who cares
Prosecutors
The bill would add sales of carfentanil-containing substances weighing at least two milligrams to Penal Law section 220.41 and at least ten milligrams to section 220.43.
People accused of selling carfentanil
The proposed thresholds would count the aggregate weight of preparations, compounds, mixtures or substances containing carfentanil, rather than just the carfentanil itself.
Criminal defense attorneys
The bill would make the weight and contents of substances sold central to whether the new carfentanil provisions apply.
Headline styles
Add Carfentanil to Drug Laws
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 52–11
- Ordered to third reading cal.857
- Committee discharged and committed to rules
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 58–5
- Ordered to third reading cal.1590
Show 2 earlier actions
- Committee discharged and committed to rules
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
623
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. BOYLE -- 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 sale of a controlled substance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 7 of section 220.41 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and a new subdivision 8 is added to read as follows:
7. methadone and the methadone weighs three hundred sixty milligrams or more[.]; or
8. one or more preparations, compounds, mixtures or substances containing carfentanil and said preparations, compounds, mixtures or substances are an aggregate weight of two milligrams or more.
§ 2. Subdivision 2 of section 220.43 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and a new subdivision 3 is added to read as follows:
2. methadone and the methadone weighs two thousand eight hundred eighty milligrams or more[.]; or
3. one or more preparations, compounds, mixtures or substances containing carfentanil and said preparations, compounds, mixtures or substances are an aggregate weight of ten milligrams or more.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05513-01-7
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 criminal sale of a controlled substance
Purpose or general idea of bill
This bill would add to the list of criminal sale of a controlled substance in the first and second degree.
Summary of specific provisions
Section 1. Amends section 220.41 of the penal law. Makes the sale of 2 milligrams or more of Carfentanil a Class A-II felony.
Section 2. Amends section 220.41 of the penal law. Makes the sale of 10 milligrams or more of Carfentanil a Class A-I felony.
Section 3. Effective date.
Justification
Carfentanil is synthetic opioid and a schedule II controlled substance. Carfentanil is most commonly used among veterinarians as a tranquilizer. For example, a 10 mg dose could tranquilize a 15,000 pound elephant.
In Cincinnati, Ohio, there has been a recent surge in overdose deaths that officials believe has been caused by Carfentanil. Over six days, there were 174 overdose deaths as opposed to the average of 20-25.
This legislation would make the sale of 2 milligrams or more of Carfentanil a Class A II felony and the sale of 10 milligrams a Class A I felony. Carfentanil is 100 times deadlier than fentanyl, and 10,000 times stronger than morphine. The DEA does not know the lethal dose to humans. The lethal dose of fentanyl is approximately 2 milligrams. Across the country, carfentanil is being sold as heroin and being used to cut heroin. This drug is extremely dangerous and warrants extreme penalties for the sale of this substance.
Prior legislative history
None.
Fiscal implications
None.
Effective date
180 days
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.