NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5592
SPONSOR: Brabenec PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to criminalize the unlawful
possession of fentanyl or fentanyl analog.
SUMMARY OF PROVISIONS:
The bill adds a new section 220.79 to the Penal Law to create the crime
of criminal possession of fentanyl or fentanyl analog, which is commit-
ted when a person traffics fentanyl, or any derivative thereof, by know-
ingly or intentionally manufacturing, distributing, dispensing, or
possessing with intent to manufacture, distribute, dispense fentanyl or
any derivate thereof. This crime is also committed by bringing into the
state a net weight of more than 10 grams of fentanyl or any derivate
thereof. This crime is a class E felony.
JUSTIFICATION:
The Senate Heroin and Opioid Task Force has heard and news reports are
almost daily highlighting that the abuse of fentanyl is continuing to
get more and more lethal. Current law does nothing to allow police to
prosecute and individual for this specific drug. The surge in deaths was
so great that the Drug. Enforcement Administration (DEA) issued an alert
warning noting the recent increase in heroin being laced with fentanyl.
The DEA also noted that fentanyl can be lethal, even at low levels, and
can be absorbed through the skin or accidentally inhaled. DEA Adminis-
trator Michele U. Leonhart stated that when laced with heroin, fentanyl
and fentanyl analogues are up to "100 times more powerful then morphine
and 30-50 times more powerful than heroin." Law enforcement seizures of
illegal drugs containing fentanyl more than tripled between 2013 and
2014.
This bill will serve to deter the trafficking of fentanyl and to help
the fight against the heroin epidemic.
PRIOR LEGISLATIVE HISTORY:
06/13/19 held for consideration in codes
01/08/20 referred to codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
5592
2023-2024 Regular Sessions
IN ASSEMBLY
March 16, 2023
___________
Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to the criminal possession of
fentanyl
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 220.79 to
2 read as follows:
3 § 220.79 Criminal possession of fentanyl.
4 A person is guilty of criminal possession of fentanyl when he or she
5 knowingly and unlawfully possesses, manufactures, distributes, or uses
6 fentanyl, or any fentanyl analogs, to enhance another illegal substance.
7 Criminal possession of fentanyl is a class E felony.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03449-01-3
