STATE OF NEW YORK
________________________________________________________________________
2355
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
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 knowingly and unlaw-
9 fully possesses a controlled substance; provided, however, that it shall
10 not be a violation of this section when a person possesses a residual
11 amount of a controlled substance and that residual amount is in or on a
12 hypodermic syringe or hypodermic needle; nor shall it be a violation of
13 this section when a person's unlawful possession of a controlled
14 substance is discovered as a result of seeking immediate health care as
15 defined in paragraph (b) of subdivision three of section 220.78 of this
16 article, for either another person or him or herself because such person
17 is experiencing a drug or alcohol overdose or other life threatening
18 medical emergency as defined in paragraph (a) of subdivision three of
19 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.
LBD06259-01-3
