Establishes the crime of larceny of a controlled substance making it an A-II felony to steal more than 25 dosage units of a schedule II, III, IV, or V controlled substance from a pharmacy.
STATE OF NEW YORK
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4297
2023-2024 Regular Sessions
IN SENATE
February 7, 2023
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Introduced by Sen. LANZA -- 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 establishing the crime of
larceny 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. The penal law is amended by adding a new section 220.80 to
2 read as follows:
3 § 220.80 Larceny of a controlled substance.
4 A person is guilty of larceny of a controlled substance when he or she
5 commits the crime of larceny and the stolen property consists of more
6 than twenty-five dosage units of a schedule II, III, IV, or V controlled
7 substance which is stolen from a pharmacy. For the purposes of this
8 section:
9 1. "Larceny" has the same meaning as defined in section 155.05 of this
10 part.
11 2. "Pharmacy" means any place in which drugs, prescriptions or poisons
12 are possessed for the purpose of compounding, preserving, dispensing or
13 retailing, or in which drugs, prescriptions or poisons are compounded,
14 preserved, dispensed or retailed, or in which such drugs, prescriptions
15 or poisons are by advertising or otherwise offered for sale at retail.
16 3. "Schedule II, III, IV, or V controlled substance" means any
17 substance listed in schedules II, III, IV, and V of section thirty-three
18 hundred six of the public health law.
19 Larceny of a controlled substance is a class A-II felony.
20 § 2. This act shall take effect on the first of November next succeed-
21 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08640-01-3
