New York 2025-2026 Regular Session

New York Assembly Bill A07720

Introduced
4/8/25  
Refer
4/8/25  

Caption

Makes the possession of certain amounts of a controlled substance a violation and no longer a class A misdemeanor.

Summary

This bill would amend New York’s Penal Law section 220.03 to reclassify simple unlawful possession of a controlled substance from a class A misdemeanor to a violation. It also changes the section title from “criminal possession of a controlled substance in the seventh degree” to “unlawful possession of a controlled substance,” and removes gendered language in favor of gender-neutral wording. The bill preserves two existing exceptions: possession of a residual amount of a controlled substance in or on a hypodermic syringe or needle would not be a violation, and possession discovered when a person seeks immediate health care for themselves or another person during a drug or alcohol overdose or other life-threatening medical emergency would also not be a violation. The measure would take effect 90 days after becoming law.

Impact

If enacted, the bill would reduce the criminal penalty for low-level controlled substance possession under Penal Law section 220.03, lowering it from a class A misdemeanor to a non-criminal violation. That change would affect arrests, prosecutions, and sentencing for simple possession cases statewide, while leaving the underlying prohibition in place. It would also continue to protect people who seek emergency medical help during an overdose and those with residual drug amounts in syringes or needles from being charged under this section.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the measure appears to be framed as a criminal justice and public health reform. Its structure suggests a generally lenient approach toward low-level possession and overdose-related conduct, with an emphasis on reducing criminal exposure and encouraging emergency medical assistance. No formal opposition or support is documented in the supplied record, so the overall sentiment cannot be measured from votes or transcripts.

Contention

The main point of contention is likely the policy choice to downgrade controlled substance possession from a misdemeanor to a violation, which would reduce criminal penalties and could be viewed by critics as weakening drug enforcement. Supporters would likely argue that the change better aligns penalties with public health goals, especially by encouraging people to seek help during overdoses without fear of arrest. Another possible issue is whether the bill should apply broadly to all controlled substances and whether the existing exceptions are sufficient to protect people in emergency situations.

Companion Bills

No companion bills found.

Previously Filed As

NY A02355

Makes the possession of certain amounts of a controlled substance a violation and no longer a class A misdemeanor.

RI H6026

Amends the uniform controlled substances act and reclassifies simple possession of 28 grams or less of certain controlled substances as a misdemeanor.

GA SB558

Controlled Substances; possession of certain quantities of marijuana constitute a misdemeanor; provide

RI S2964

Makes persons convicted of petty misdemeanors and convicted of simple possession of controlled substances, eligible to have their records expunged three years after completion of their sentence.

TX HB2681

Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.

MS SB2352

Simple possession of controlled substances; revise certain penalties.

MS SB2218

Simple possession of controlled substances; revise certain penalties.

MN SF3473

Residual amounts of controlled substances contained in drug paraphernalia and similar items possession decriminalization

VA HB637

Possession of residue of a controlled substance unlawful; penalties exceptions.

MO HB2828

Adds certain psychoactive substances to the list of Schedule I controlled substances and modifies the offenses of possession of a controlled substance and delivery of a controlled substance

Similar Bills

No similar bills found.