What's happening
This bill adds criminal penalties for possessing or selling fifteen grams or more of stimulants, making it a class A-I felony.
Why it matters
Expands harshest drug penalties to stimulants. By making possession or sale of 15 grams or more of any stimulant (such as amphetamines) a class A-I felony—the most severe category—this law would treat large-scale stimulant offenses on par with major narcotics (like heroin) and methadone crimes.
Potential for long prison sentences. Class A-I felonies in New York often carry mandatory minimum sentences of 15 years to life, so individuals convicted under this amendment would face extremely long prison terms, with limited judicial discretion.
May disproportionately affect certain groups. The threshold—15 grams—could encompass both high-level dealers and some users or low-level sellers, raising concerns about whether the penalties could disproportionately impact people with substance use disorders or those from over-policed communities.
Signals a shift in drug policy. This law could mark a move toward stricter enforcement and prosecution of stimulant-related offenses, potentially reversing recent trends toward decriminalization and public health approaches for drug use.
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Who cares
People accused of stimulant possession or sales
The bill would make knowingly and unlawfully possessing or selling a stimulant weighing fifteen grams or more a first-degree controlled substance offense, classified as a class A-I felony.
Prosecutors
The bill would add a fifteen-gram stimulant threshold to the first-degree controlled substance possession and sale statutes.
Criminal defense attorneys
The bill would make the stimulant weight threshold a key issue when defending clients facing these first-degree charges.
Headline styles
Tougher Penalties for Stimulants
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
221
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. PALUMBO, MATTERA -- 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 possession and sale of stimulants weighing fifteen grams or more
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 220.21 of the penal law, as amended by chapter 75 of the laws of 1995, the opening paragraph and subdivision 1 as amended by chapter 738 of the laws of 2004, is amended to read as follows: § 220.21 Criminal possession of a controlled substance in the first
degree.
A person is guilty of criminal possession of a controlled substance in the first degree when [he or she] such person knowingly and unlawfully possesses:
1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of eight ounces or more; or
2. methadone and said methadone weighs five thousand seven hundred sixty milligrams or more[.]; or
3. a stimulant and said stimulant weighs fifteen grams or more.
Criminal possession of a controlled substance in the first degree is a class A-I felony.
§ 2. Section 220.43 of the penal law, as amended by chapter 785 of the laws of 1975, subdivisions 1 and 2 as amended by chapter 75 of the laws of 1995, is amended to read as follows: § 220.43 Criminal sale of a controlled substance in the first degree.
A person is guilty of criminal sale of a controlled substance in the first degree when [he] such person knowingly and unlawfully sells:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00635-01-5
1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more; or
2. methadone and the methadone weighs two thousand eight hundred eighty milligrams or more[.]; or
3. a stimulant and the stimulant weighs fifteen grams or more.
Criminal sale of a controlled substance in the first degree is a class A-I felony.
§ 3. This act shall take effect immediately.
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 possession and sale of stimulants weighing fifteen grams or more
Purpose
The purpose of this bill is to make the possession and/or sale of high quantities of methamphetamine a class A-1 felony.
Summary of provisions
Section 220.21 of the penal law as amended by chapter 75 of the laws of 1995, the opening paragraph and subdivision 1 as amended by chapter 738 of the laws of 2004 is amended as it relates to criminal possession of fifteen grams or more of methadone.
Section 220-43 of the penal law, as amended by chapter 785 of the laws of 1975, subdivisions 1 and 2 as amended by chapter 75 of the laws of 1995 is amended as it relates to criminal sale of fifteen grams or more of methadone.
Both possession and sale of high quantities of a controlled substance in the first degree is a class A-1 felony
Justification
This legislation adds new subsections to the penal law to make criminal possession of methamphetamine and other controlled substances of two thousand eight hundred milligrams or more a class A-1 felony. The chang- es to the penal law will put methamphetamine on the same scale as other narcotics like cocaine and heroin and increases penalties for those trafficking illegal drugs throughout New York State. Additionally, my making possession of high quantities of methamphetamine a class A-1 felony, those who possess, sell and traffic this dangerous drug would be eligible for bail when arrested.
Legislative history
2024 S.3152; 2022 S.9506
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.