STATE OF NEW YORK
________________________________________________________________________
7720
2025-2026 Regular Sessions
IN ASSEMBLY
April 8, 2025
___________
Introduced by M. of A. VANEL -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to making the possession of
certain amounts of a controlled substance a violation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 220.03 of the penal law, as amended by section 4 of
2 part I of chapter 57 of the laws of 2015, the opening paragraph as
3 amended by chapter 433 of the laws of 2021, is amended to read as
4 follows:
5 § 220.03 [Criminal] Unlawful possession of a controlled substance [in
6 the seventh degree].
7 A person is guilty of [criminal] unlawful possession of a controlled
8 substance [in the seventh degree] when [he or she] such person knowingly
9 and unlawfully possesses a controlled substance; provided, however, that
10 it shall not be a violation of this section when a person possesses a
11 residual amount of a controlled substance and that residual amount is in
12 or on a hypodermic syringe or hypodermic needle; nor shall it be a
13 violation of this section when a person's unlawful possession of a
14 controlled substance is discovered as a result of seeking immediate
15 health care as defined in paragraph (b) of subdivision three of section
16 220.78 of this article, for either another person or [him or herself]
17 for such principal person because such person is experiencing a drug or
18 alcohol overdose or other life threatening medical emergency as defined
19 in paragraph (a) of subdivision three of section 220.78 of this article.
20 [Criminal] Unlawful possession of a controlled substance [in the
21 seventh degree] is a [class A misdemeanor] violation.
22 § 2. This act shall take effect on the ninetieth day after it shall
23 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11425-01-5
