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S 5376

Classifies possession of fentanyl as criminal possession of a controlled substance in the fifth degree

2025 Regular Session Introduced by Jake Ashby and 3 co-sponsors

Summary of New York Senate Bill S 5376 OverviewS 5376 is a bill that would classify the possession of fentanyl as a crime in the state of New York. Specifically, the bill would ame

REFERRED TO CODES
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Bill Summary · S 5376

Summary of New York Senate Bill S 5376

Overview

S 5376 is a bill that would classify the possession of fentanyl as a crime in the state of New York. Specifically, the bill would amend the state's Penal Law to designate possession of fentanyl as criminal possession of a controlled substance in the fifth degree.

Key Provisions

  • Fentanyl Possession as a Crime: The bill would establish that the possession of any amount of fentanyl, a powerful synthetic opioid, would be considered a class D felony in New York state.
  • Penalties: Individuals convicted of criminal possession of fentanyl in the fifth degree would face potential penalties of up to 2.5 years in prison and a maximum fine of $5,000.
  • Prior Bill Comparison: This bill is similar to S 6208, which was introduced in the previous legislative session but did not pass.

Affected Parties

  • Individuals: The bill would impact any individuals found in possession of fentanyl in New York, potentially subjecting them to criminal charges and penalties.
  • Law Enforcement: Police and other law enforcement agencies would be responsible for enforcing the new fentanyl possession statute.
  • Criminal Justice System: Courts, prosecutors, and correctional facilities would be involved in processing and handling cases related to the new criminal offense.

Procedural Details

  • Legislative Status: S 5376 was introduced in the New York State Senate on February 21, 2025 and has been referred to the Codes Committee for consideration.
  • Next Steps: If the bill is approved by the Codes Committee, it would then need to pass both the full State Senate and Assembly before being sent to the Governor for potential signature into law.

Overall, S 5376 represents an effort by New York lawmakers to address the ongoing opioid crisis by specifically criminalizing the possession of fentanyl, a substance that has been linked to a significant number of overdose deaths in the state and across the country.

Compiled from official sources — confirm details with the bill’s official record.

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