What's happening
This bill creates the crime of larceny of a controlled substance, making it a class A-II felony to steal significant amounts from a pharmacy.
Why it matters
Targets large-scale thefts from pharmacies. By specifying thefts of more than 25 dosage units of controlled substances, the bill aims to address organized or significant thefts, rather than minor or incidental ones.
Responds to opioid and drug diversion concerns. Elevating the theft of controlled substances to a class A-II felony reflects heightened concern about prescription drug abuse, potential distribution, and the role pharmacy thefts play in the broader opioid crisis.
Could deter pharmacy-related crime but increase penalties. The severe penalty (class A-II felony) may act as a deterrent, but it also means those convicted face some of the harshest sentences in New York law, potentially affecting how drug theft cases are prosecuted and plea-bargained.
Impacts pharmacy security and legal liability. Pharmacies may face increased pressure to improve security measures and inventory controls, knowing that thefts could now trigger serious criminal charges and attract greater law enforcement attention.
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Who cares
Headline styles
New Crime: Pharmacy Drug Theft
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
381
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. LANZA -- 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 establishing the crime of larceny of a controlled substance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 220.80 to read as follows: § 220.80 Larceny of a controlled substance.
A person is guilty of larceny of a controlled substance when he or she commits the crime of larceny and the stolen property consists of more than twenty-five dosage units of a schedule II, III, IV, or V controlled substance which is stolen from a pharmacy. For the purposes of this section:
1. "Larceny" has the same meaning as defined in section 155.05 of this part.
2. "Pharmacy" means any place in which drugs, prescriptions or poisons are possessed for the purpose of compounding, preserving, dispensing or retailing, or in which drugs, prescriptions or poisons are compounded, preserved, dispensed or retailed, or in which such drugs, prescriptions or poisons are by advertising or otherwise offered for sale at retail.
3. "Schedule II, III, IV, or V controlled substance" means any substance listed in schedules II, III, IV, and V of section thirty-three hundred six of the public health law.
Larceny of a controlled substance is a class A-II felony.
§ 2. 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.
LBD03260-02-9
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 estab- lishing the crime of larceny of a controlled substance
Purpose or general idea of bill
To establish the crime of larceny of a controlled substance.
Summary of specific provisions
Section 1 of the bill adds a new section to Penal law 220.80 establish- ing larceny of a controlled substance consisting of more than twenty- five dosage units of a schedule II, III, IV or V controlled substance which is stolen from a pharmacy.
Section 2 of the bill is the effective date.
Justification
In recent years, pharmacy robberies have escalated to a new dimension. The U.S. Drug Enforcement Administration has reported that armed robberies of pharmacies across the nation increased 51% between 2006 and 2010, Addiction to prescription drugs, such as OxyContin and hydrocodone based pain pills are causing this increase.
In New York State, according to the Drug Enforcement Administration, pharmacy robberies have increased from 4 in 2006 to 30 in 2010. In light of these escalating occurrences of pharmacy robberies statewide, increasing the penalties to deter these crimes is necessary. This bill creates the crime of larceny of a controlled substance from a pharmacy. The controlled substances include schedule III, IV or V under section 3306 of the Public Health Law. The bill makes larceny of a controlled substance from a pharmacy a class A-II felony and subjects the felon to lifetime probation.
Prior legislative history
2018: S.2631-A- Third Reading Calendar / A.1373-A-Referred to Codes 2017: S.2631-A- Passed Senate / A.1373-A- Referred to Codes 2016: S.3494 -Passed Senate / A.4825 - Referred to Codes 2015: S.3494-Referred to Codes / A.4825- Referredto Codes 2014: S.7348-Referred to Codes / A.9926- Preferredto Codes 2013: S.7345 -Referred to Codes / A.9926- Referredto Codes
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.