New York Senate Bill S05376

New York 2025-2026 Regular Session

• Introduced: 2/21/25
• Refer: 2/21/25
• Refer: 1/7/26

Caption

Classifies possession of substances containing fentanyl, carfentanyl, or analogs thereof as criminal possession of a controlled substance in the fifth degree.

Summary

This bill amends New York’s Penal Law to add a new fifth-degree criminal possession offense for certain fentanyl-related substances. Specifically, it would make it criminal possession of a controlled substance in the fifth degree to possess one or more preparations, compounds, mixtures, or substances containing fentanyl, carfentanyl, or analogs of either, when the aggregate weight is 500 milligrams or more. The bill places fentanyl-related substances in the same general offense category as certain other controlled substances already covered by the statute, such as cocaine and GHB at specified weights. The measure is a targeted criminal law change focused on drug possession thresholds and enforcement. It does not create a new drug classification, but instead expands an existing Penal Law provision to explicitly include fentanyl, carfentanyl, and related analogs. The bill would take effect on November 1 following enactment, and would apply to prosecutions under the fifth-degree controlled substance possession statute.

Impact

If enacted, the bill would amend section 220.06 of the Penal Law to broaden the conduct covered by criminal possession of a controlled substance in the fifth degree. Law enforcement and prosecutors would gain an explicit statutory basis to charge possession of fentanyl-related substances at or above the specified aggregate weight, and defendants found with those substances could face fifth-degree controlled substance charges under state law. The bill would affect criminal defendants, police, prosecutors, defense counsel, and courts handling drug-possession cases, while leaving the underlying controlled substance schedules unchanged.

Sentiment

The available record shows no committee transcript or vote history, so there is no documented debate or recorded support/opposition in the materials provided. Based on the bill text and caption, the measure appears to be framed as a public-safety and drug-enforcement response to fentanyl-related possession, but the provided context does not show whether that framing was broadly accepted or contested in committee or on the floor.

Contention

No specific points of contention are documented in the provided materials. In general, bills of this type can raise questions about whether criminal penalties should be expanded for fentanyl-related possession, whether the 500-milligram threshold is appropriately calibrated, and how to distinguish fentanyl from analogs in enforcement and prosecution. However, the transcript and vote record supplied here do not identify any named opponents, supporters, or disputed amendments.