What's happening
This bill creates a legal presumption of intent to sell if someone possesses 50+ packages or $300+ worth of certain controlled substances.
Why it matters
Shifts the burden of proof. By creating a legal presumption that possessing 50+ packages or $300+ worth of certain drugs means intent to sell, this law makes it easier for prosecutors to secure convictions—even if there isn’t direct evidence of sales activity.
May impact defendants’ legal defenses. Individuals charged under this provision will need to provide evidence to counter the presumption of intent, potentially making it harder to claim personal use and increasing the risk of more severe penalties.
Targets specific substances. The law applies to substances listed in a particular section of the public health law, which likely focuses on drugs associated with high rates of abuse or trafficking, possibly influencing which communities or individuals are most affected.
Potential for broader law enforcement discretion. The relatively low threshold for package count or value could lead to increased arrests and prosecutions for intent to sell, affecting not just large-scale dealers, but also individuals who may possess drugs for reasons other than distribution.
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Who cares
Headline styles
Presume Intent with Large Possession
Plain English, a few words. Used as the page title.
Sponsors
19 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
632
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. BOYLE, ADDABBO, AKSHAR, AMEDORE, FELDER, FLANAGAN, FUNKE, GALLIVAN, GRIFFO, HELMING, JACOBS, LANZA, LAVALLE, LITTLE, 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 creating a presumption of intent to sell
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 220.26 to read as follows: § 220.26 Presumption of intent to sell.
For the purposes of a prosecution of a charge under subdivision one of section 220.16 of this article, the possession of fifty or more individual packages containing the controlled substance defined under paragraph eleven of subdivision (c) of schedule I of section thirty-three hundred six of the public health law and/or the possession of such controlled substance in an amount having an aggregate value of three hundred dollars or more, is presumptive evidence that such person possessed such controlled substance with intent to sell it.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04374-01-9
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 creating a presumption of intent to sell
Purpose or general idea of bill
To assist in the prosecution of heroin dealers who are profiting from the epidemic that is claiming so many young lives, by creating a presumption that the possession of 50 or more individual packages containing heroin and/or having an aggregate value of $300.00 is possession with intent to sell.
Summary of specific provisions
Section 1. The penal law is amended by adding a new section 220.26 that for the purposes of a prosecution of Criminal Possession of a Controlled Substance in the Third Degree where the person knowingly and unlawfully possesses a narcotic drug with intent to sell (PL 220.16 (1), fifty or more individual packages of heroin, or heroin with the aggregate value of three hundred dollars or more is presumptive evidence of intent to sell.
Justification
Heroin is destroying the fabric of our society, evidenced by the daily news of overdose deaths throughout New York State. Because of the phys- ical nature of heroin, dealers can carry large quantities of the drug before triggering a felony charge of possession. Conversely, due to the nature of heroin use and addiction, heroin users do not possess more heroin than they intend to use at that time, as one high on heroin has no impulse control and will continue to consume all heroin available until it is gone. Some prosecutors have called expert witnesses to testify to the nature of this addiction to support a prosecution for Criminal Possession of a Controlled Substance in the Third Degree under the intent to sell subdivision, but not all prosecuting offices have the means to do so, yet are still faced with the increase in heroin sales and heroin overdose deaths. This bill would provide all communities with the necessary tool to target heroin dealers and stop the flow of this dangerous drug.
Prior legislative history
2015-16: Passed Senate 2014: Passed Senate 06/13/17 PASSED SENATE 04/30/18 PASSED SENATE
Fiscal implications
None
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.