What's happening
This bill increases criminal penalties for the sale and possession of heroin based on weight and packaging quantity thresholds.
Why it matters
Targets both weight and packaging. The bill introduces new criminal penalties for heroin offenses not only based on the aggregate weight of the substance but also on the number of containers, packets, or "decks," reflecting how heroin is commonly distributed and sold on the street.
Creates new legal thresholds. By establishing specific gram and packaging-count thresholds (e.g., 1.5 grams or 50 packets; 12 grams or 400 packets; 24 grams or 800 packets), the law creates clear demarcations that can significantly affect the severity of charges and sentences, potentially leading to harsher penalties for lower quantities than before.
Expands prosecutorial options. Law enforcement and prosecutors gain expanded flexibility to pursue higher-level felony charges against individuals based on how heroin is packaged, not just its weight, potentially increasing the number of people eligible for more severe charges.
May disproportionately impact low-level sellers and users. Because the number of packets or containers is used as a prosecutorial metric, individuals with smaller total quantities of heroin who possess it in multiple small packages could now face much more serious charges, raising concerns about impacts on street-level dealers and users rather than large-scale traffickers.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Tougher Laws on Heroin Sales
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
316
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ORTT -- 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 and possession of substances containing heroin
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 13 of section 220.16 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and a new subdivision 14 is added to read as follows:
13. phencyclidine and said phencyclidine weighs one thousand two hundred fifty milligrams or more[.]; or
14. one or more preparations, compounds, mixtures or substances containing heroin and said preparations, compounds, mixtures or substances are of an aggregate weight of 1.5 grams or more, or such preparations, compounds, mixtures or substances are packaged in fifty or more containers, packets or "decks".
§ 2. Subdivision 7 of section 220.18 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 said methadone weighs two thousand eight hundred eighty milligrams or more[.]; or
8. one or more preparations, compounds, mixtures or substances containing heroin and said preparations, compounds, mixtures or substances are of an aggregate weight of twelve grams or more, or such preparations, compounds, mixtures or substances are packaged in four hundred or more containers, packets or "decks".
§ 3. 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02421-01-9
S. 316 2
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 heroin and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-four grams or more, or such preparations, compounds, mixtures or substances are packaged in eight hundred or more containers, packets or "decks".
§ 4. 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 heroin and the preparations, compounds, mixtures or substances are of an aggregate weight of 1.5 grams or more, or such preparations, compounds, mixtures or substances are packaged in fifty or more containers, packets or "decks".
§ 5. 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 heroin and the preparations, compounds, mixtures or substances are of an aggregate weight of six grams or more, or such preparations, mixtures or substances are packaged in two hundred or more containers, packets or "decks".
§ 6. This act shall take effect on the first of November next succeeding the date upon which 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 criminal sale and possession of substances containing heroin
Purpose or general idea of bill
To create appropriate level penalties as it relates to heroin sales taking into account the lighter weight of heroin.
Summary of specific provisions
Section 1 amends section 220.16 of the penal law - Criminal Possession of a controlled substance in the third degree a Class B Felony when one or more preparations, compounds, mixtures or substances containing heroin and its aggregate weight is 1.5 grams or more or the substances are packaged in fifty or more packets/containers/decks.
Section 2 amends section 220.18 of the penal law - criminal possession of a controlled substance in the second degree a class A-II felony when one or more preparations, compounds, mixtures or substances containing heroin and its aggregate weight is 12 grams or more or the substances are packaged in four hundred or more packets/containers/decks.
Section 3 of the bill amends section 220.21 of the penal law - Criminal Possession in the first degree a Class A-I felony when one or more prep- arations, compounds, mixtures or substances containing heroin and its aggregate weight is 24 grams or more or the substances are packaged in eight hundred or more packets/containers/decks.
Section 4 of the bill amends section 220.41 of the penal law - Criminal sale of a controlled substance in the second degree a class A-II felony when one or more preparations, compounds, mixtures or substances containing heroin and its aggregate weight is 1.5 grams or more or the substances are packaged in fifty or more packets/containers/decks.
Section 5 of the bill amends section 220.43 of the penal law - criminal sale of a controlled substance in the first degree an A-I Felony when one or more preparations, compounds, mixtures or substances containing heroin and its aggregate weight is 6 grams or more or the substances are packaged in 200 or more packets/containers/decks.
Section 6 is the effective date.
Justification
As we fight the heroin epidemic we need to review and update our laws to ensure they adequately reflect the nature of heroin. One of the differ- ences between heroin and other drugs is the light weight and potency of heroin. Heroin weights less than other drugs and therefore more doses of heroin is needed to trigger various criminal offenses. This legislation seeks to address this issue of weight by creating appropriate levels of weight to trigger various sections of the Penal Law.
Prior legislative history
S. 7012 of 2016; Passed Senate S. 880 of 2017/2018; Passed Senate
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date it will have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.