What's happening
This bill lowers the threshold amounts for methamphetamine possession and sale to trigger criminal charges in New York.
Why it matters
Significantly lower thresholds for methamphetamine possession mean that much smaller amounts can now trigger felony charges. , which could lead to more people facing serious criminal penalties for quantities previously considered minor.
The new language creates specific, lower-weight categories for methamphetamine that align it with or make it stricter than thresholds for other controlled substances. , potentially increasing the number of arrests, prosecutions, and incarcerations related to methamphetamine.
Changing the language from requiring both intent to sell and a weight threshold, to requiring either, broadens the scope of who can be charged with intent to sell offenses. , meaning mere possession of relatively small amounts could be enough for felony "intent to sell" charges without additional proof of actual sales activity.
By making these changes apply only to offenses committed after the law takes effect, the bill avoids retroactively increasing penalties for past conduct but signals a clear policy shift toward tougher enforcement going forward. , which may influence policing, plea bargaining, and judicial practices.
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Toughen Meth Possession Penalties
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History
- Held for consideration in codes
- Referred to codes
- Referred to codes
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Toughen Meth Possession Laws
In Senate Committee · Codes · Sponsor Thomas F. O'Mara
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6304
2019-2020 Regular Sessions
IN ASSEMBLY
March 5, 2019
Introduced by M. of A. PALMESANO -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the possession and sale of methamphetamine
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 8 of section 220.06 of the penal law, as added by chapter 264 of the laws of 2003, is amended and a new subdivision 9 is added to read as follows:
8. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-eight grams or more[.]; or
9. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of one hundred milligrams or more.
§ 2. Subdivision 2 of section 220.09 of the penal law, as amended by chapter 75 of the laws of 1995, is amended to read as follows:
2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of [one-half ounce] one gram or more; or
§ 3. Subdivision 7 of section 220.16 of the penal law, as amended by chapter 75 of the laws of 1995, is amended to read as follows:
7. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers with intent to sell it [and] or said preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05769-01-9
A. 6304 2
§ 4. Subdivision 2 of section 220.21 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 said methadone weighs five thousand seven hundred sixty milligrams or more[.]; or
3. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of five ounces or more.
§ 5. Subdivision 7 of section 220.39 of the penal law, as amended by chapter 75 of the laws of 1995, is amended to read as follows:
7. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers [and the preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more]; or
§ 6. 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 methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more.
§ 7. This act shall take effect on the first of November next succeeding the date on which it shall have become a law and shall apply only to offenses committed on or after such date; offenses committed prior to such date shall be governed by the provisions of law in effect at the time the offense was committed.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.