May 1, 2018
ALBANY, NY – State Senator Tom O’Mara (R, Big Flats) is a co-sponsor of legislation that passed yesterday in the state senate, that calls for stricter criminal punishments for heroin dealers. Some of the penalties include taking into account that heroin does not weigh as much as other drugs, and the legislation would make it more of a criminal offense to sell heroin if it’s sold 1,000 feet of a school.
Below, Sen. O’Mara lists what the legislation will do if passed:
– make the sale of 2 milligrams or more of Carfentanil a Class A-II felony, and the sale of 10 milligrams or more of Carfentanil an A-I felony. Carfentanil is a synthetic opioid 100 times deadlier than fentanyl, and 10,000 times stronger than morphine (623).
– facilitate the conviction of drug dealers by establishing a felony crime of intent to sell for possessing 50 or more packages of a Schedule I opium derivative, or possessing $300 or more worth of such drugs. Under current law, dealers can carry large quantities of the drug before triggering a felony charge of possession (S638);
– create new criminal penalties for heroin sales that take into account the lighter weight of heroin. Heroin weighs less than other drugs and, consequently, more doses of heroin are needed to trigger various, existing criminal offenses (S880);
– criminalize the sale of a controlled substance on or within 1,000 feet of the grounds of a drug or alcohol treatment center (S1127);
– establish the crime of fraudulent prescription, dispensing, and procurement of non-controlled substance prescription medications and devices, and establish the offense of unlawful possession of controlled substance prescription medications and devices (S2814);
– make the sale of a controlled substance by an adult to a minor under the age of 14 a Class A-II felony (S3845); and
– require health care practitioners to receive written consent from a minor’s parent or legal guardian before prescribing a medical treatment involving opioids, and to discuss the risks of addiction and overdose (S5949).