STATE OF NEW YORK
________________________________________________________________________
S. 549 A. 1561
2009-2010 Regular Sessions
SENATE - ASSEMBLY(Prefiled)
January 7, 2009
___________
IN SENATE -- Introduced by Sen. ADAMS -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. CAMARA -- Multi-Sponsored by -- M.
of A. ALFANO, CALHOUN, ESPAILLAT, HOOPER, JEFFRIES, MAISEL, N. RIVERA,
ROBINSON, TITONE, TOWNS, WALKER, ZEBROWSKI -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal possession of a
controlled substance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 220.06 of the penal law, as amended by chapter 75
2 of the laws of 1995, subdivision 4 as amended by chapter 537 of the laws
3 of 1998, subdivision 6 as added by chapter 635 of the laws of 1997,
4 subdivision 7 as amended and subdivision 8 as added by chapter 264 of
5 the laws of 2003, is amended to read as follows:
6 § 220.06 Criminal possession of a controlled substance in the fifth
7 degree.
8 A person is guilty of criminal possession of a controlled substance in
9 the fifth degree when he knowingly and unlawfully possesses:
10 1. a controlled substance with intent to sell it; or
11 2. one or more preparations, compounds, mixtures or substances
12 containing a narcotic preparation and said preparations, compounds,
13 mixtures or substances are of an aggregate weight of one-half ounce or
14 more; or
15 3. phencyclidine and said phencyclidine weighs fifty milligrams or
16 more; or
17 4. one or more preparations, compounds, mixtures or substances
18 containing concentrated cannabis as defined in paragraph (a) of subdivi-
19 sion four of section thirty-three hundred two of the public health law
20 and said preparations, compounds, mixtures or substances are of an
21 aggregate weight of one-fourth ounce or more; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04277-01-9
S. 549 2 A. 1561
1 5. cocaine and said cocaine weighs five hundred milligrams or more[.];
2 or
3 6. ketamine and said ketamine weighs more than one thousand milli-
4 grams; or
5 7. ketamine and has previously been convicted of possession or the
6 attempt to commit possession of ketamine in any amount; or
7 8. one or more preparations, compounds, mixtures or substances
8 containing gamma hydroxybutyric acid, as defined in paragraph four of
9 subdivision (e) of schedule I of section thirty-three hundred six of the
10 public health law, and said preparations, compounds, mixtures or
11 substances are of an aggregate weight of twenty-eight grams or more; or
12 9. anabolic steroids and said anabolic steroids weigh more than one
13 thousand milligrams or more than one thousand pills.
14 Criminal possession of a controlled substance in the fifth degree is a
15 class D felony.
16 § 2. Section 220.09 of the penal law, as amended by chapter 75 of the
17 laws of 1995, subdivision 10 as amended by chapter 537 of the laws of
18 1998, subdivision 13 as amended by chapter 635 of the laws of 1997,
19 subdivision 14 as amended and subdivision 15 as added by chapter 264 of
20 the laws of 2003, is amended to read as follows:
21 § 220.09 Criminal possession of a controlled substance in the fourth
22 degree.
23 A person is guilty of criminal possession of a controlled substance in
24 the fourth degree when he knowingly and unlawfully possesses:
25 1. one or more preparations, compounds, mixtures or substances
26 containing a narcotic drug and said preparations, compounds, mixtures or
27 substances are of an aggregate weight of one-eighth ounce or more; or
28 2. one or more preparations, compounds, mixtures or substances
29 containing methamphetamine, its salts, isomers or salts of isomers and
30 said preparations, compounds, mixtures or substances are of an aggregate
31 weight of one-half ounce or more; or
32 3. one or more preparations, compounds, mixtures or substances
33 containing a narcotic preparation and said preparations, compounds,
34 mixtures or substances are of an aggregate weight of two ounces or more;
35 or
36 4. a stimulant and said stimulant weighs one gram or more; or
37 5. lysergic acid diethylamide and said lysergic acid diethylamide
38 weighs one milligram or more; or
39 6. a hallucinogen and said hallucinogen weighs twenty-five milligrams
40 or more; or
41 7. a hallucinogenic substance and said hallucinogenic substance weighs
42 one gram or more; or
43 8. a dangerous depressant and such dangerous depressant weighs ten
44 ounces or more; or
45 9. a depressant and such depressant weighs two pounds or more; or
46 10. one or more preparations, compounds, mixtures or substances
47 containing concentrated cannabis as defined in paragraph (a) of subdivi-
48 sion four of section thirty-three hundred two of the public health law
49 and said preparations, compounds, mixtures or substances are of an
50 aggregate weight of one ounce or more; or
51 11. phencyclidine and said phencyclidine weighs two hundred fifty
52 milligrams or more; or
53 12. methadone and said methadone weighs three hundred sixty milligrams
54 or more; or
55 13. phencyclidine and said phencyclidine weighs fifty milligrams or
56 more with intent to sell it and has previously been convicted of an
S. 549 3 A. 1561
1 offense defined in this article or the attempt or conspiracy to commit
2 any such offense; or
3 14. ketamine and said ketamine weighs four thousand milligrams or
4 more; or
5 15. one or more preparations, compounds, mixtures or substances
6 containing gamma hydroxybutyric acid, as defined in paragraph four of
7 subdivision (e) of schedule I of section thirty-three hundred six of the
8 public health law, and said preparations, compounds, mixtures or
9 substances are of an aggregate weight of two hundred grams or more; or
10 16. anabolic steroids and said anabolic steroids weigh more than five
11 thousand milligrams or more than twelve thousand five hundred pills.
12 Criminal possession of a controlled substance in the fourth degree is
13 a class C felony.
14 § 3. Section 220.16 of the penal law, as amended by chapter 75 of the
15 laws of 1995, is amended to read as follows:
16 § 220.16 Criminal possession of a controlled substance in the third
17 degree.
18 A person is guilty of criminal possession of a controlled substance in
19 the third degree when he knowingly and unlawfully possesses:
20 1. a narcotic drug with intent to sell it; or
21 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic
22 acid diethylamide, with intent to sell it and has previously been con-
23 victed of an offense defined in this article [two hundred twenty] or the
24 attempt or conspiracy to commit any such offense; or
25 3. a stimulant with intent to sell it and said stimulant weighs one
26 gram or more; or
27 4. lysergic acid diethylamide with intent to sell it and said lyserg-
28 ic acid diethylamide weighs one milligram or more; or
29 5. a hallucinogen with intent to sell it and said hallucinogen weighs
30 twenty-five milligrams or more; or
31 6. a hallucinogenic substance with intent to sell it and said hallu-
32 cinogenic substance weighs one gram or more; or
33 7. one or more preparations, compounds, mixtures or substances
34 containing methamphetamine, its salts, isomers or salts of isomers with
35 intent to sell it and said preparations, compounds, mixtures or
36 substances are of an aggregate weight of one-eighth ounce or more; or
37 8. a stimulant and said stimulant weighs five grams or more; or
38 9. lysergic acid diethylamide and said lysergic acid diethylamide
39 weighs five milligrams or more; or
40 10. a hallucinogen and said hallucinogen weighs one hundred twenty-
41 five milligrams or more; or
42 11. a hallucinogenic substance and said hallucinogenic substance
43 weighs five grams or more; or
44 12. one or more preparations, compounds, mixtures or substances
45 containing a narcotic drug and said preparations, compounds, mixtures or
46 substances are of an aggregate weight of one-half ounce or more; or
47 13. phencyclidine and said phencyclidine weighs one thousand two
48 hundred fifty milligrams or more; or
49 14. anabolic steroids and said anabolic steroids weigh more than twen-
50 ty-five thousand milligrams or more than sixty-two thousand five hundred
51 pills.
52 Criminal possession of a controlled substance in the third degree is a
53 class B felony.
54 § 4. This act shall take effect on the one hundred eightieth day after
55 it shall have become a law.
