Increases penalties for the crimes of criminal diversion of prescription medications and prescriptions in the first, second, third and fourth degrees and criminal sale of a prescription.
Summary
This bill would increase the criminal penalties for several offenses involving prescription drugs and prescriptions. It raises criminal diversion of prescription medications and prescriptions in the fourth degree from a class A misdemeanor to a class E felony, the third degree from a class E felony to a class D felony, the second degree from a class D felony to a class C felony, and the first degree from a class C felony to a class B felony. It also increases the penalty for criminal sale of a prescription for a controlled substance, or of a controlled substance by a practitioner or pharmacist, from a class C felony to a class B felony.
The bill is aimed at strengthening enforcement against prescription drug diversion and unlawful sales by medical professionals or pharmacists. If enacted, it would amend the Penal Law to make these offenses punishable by more serious felony classifications, which can increase potential incarceration exposure and collateral consequences for defendants convicted under these provisions. The bill would take effect on November 1 following enactment.
Impact
The bill would amend multiple sections of the New York Penal Law, specifically sections 178.10, 178.15, 178.20, 178.25, and 220.65, by elevating the offense levels for prescription diversion and unlawful prescription sales. This would directly affect criminal defendants, practitioners, pharmacists, and others involved in the handling or distribution of prescription medications, and would give prosecutors higher-graded felony charges in these cases.
Sentiment
There is no recorded committee transcript or vote history provided, so the bill’s sentiment cannot be measured from debate or roll call data. Based on the bill text alone, it appears to reflect a punitive, enforcement-oriented approach to prescription drug misuse and diversion, suggesting support for tougher penalties rather than treatment- or regulatory-based responses.
Contention
No specific points of contention are documented in the provided materials. Potential areas of debate, however, would likely include whether increasing felony penalties would deter diversion and illegal prescription sales, whether the penalties are proportionate to the conduct, and whether the bill could disproportionately affect medical professionals, pharmacists, or individuals with substance use issues. Without transcripts or votes, no side can be identified as explicitly raising these concerns.
Prescriptions for testosterone not allowed to be transmitted or reported within the prescription drug monitoring database and removes from the records all existing information concerning prior testosterone prescriptions.
Prescriptions for testosterone not allowed to be transmitted or reported within the prescription drug monitoring database and removes from the records all existing information concerning prior testosterone prescriptions.
Increases the maximum fill for non-opioid, non-narcotic controlled substances found in schedule II, so that a sixty-day (60) supply may be dispensed at any one time.
Increases the maximum fill for non-opioid, non-narcotic controlled substances found in schedule II, so that a ninety-day (90) supply may be dispensed at any one time.