Skip to main content

Senate bill · S10391 (2025-26)

Relates to criminal possession of a controlled substance in the third degree

Latest action May 15, 2026

New York State Senate

Same as A11190, the matching bill in the Assembly.

Sponsor

Monica Martinez

State Senator, District 4 · Democratic/Working Families

Follow

Summary

Adds to the crime of criminal possession of a controlled substance in the third degree the possession, within any facility owned or operated by the state or upon school grounds, of any controlled substance or hazardous substance which has the potential to cause significant injury or death, with the intent to sell or distribute such substance.

Summary from NY Open Legislation. How we handle summaries

Amends the Penal Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

Follow

Following needs an Agora account. You will sign in first, then come back to this page.

Your position on this bill

Choose the position closest to yours. You'll sign in or create an account to save it.

Purpose, from the sponsor's memo

To expand criminal liability for the possession of harmful substances with intent to distribute in publicly operated facilities or on school grounds.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Assigned to a committee for review.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Codes · New York State Assembly

Also referred to Codes · New York State Senate.

The sponsor's argument

Why Monica Martinez says this is needed

Publicly operated facilities and schools are uniquely sensitive settings where large numbers of individuals are in close proximity to each other and where the introduction of harmful substances can result in rapid and widespread exposure. A single individual, possessing and seeking to distribute such harmful substances, has the potential to cause signif- icant harm to those around them. Existing laws do not adequately account for enhanced accountability when such conduct occurs, particularly when the substance falls outside of traditional controlled substance classi- fications. Once exposed, controlled or hazardous substances can lead to significant injury, particularly when individuals are unaware of the presence of such substances. Particles can become airborne or exposure can occur through handling materials that were coated or soaked in these substances, which can then easily be absorbed when an individual touches their eyes, mouth, or nose. Individuals exposed to these materials may have adverse reactions, become hospitalized, and even die as a result. This legislation would ensure that any individual who brings such harm- ful substances into a publicly operated facility or onto the property of a school, and intends to sell or otherwise distribute it, would be able to be charged under criminal possession of a controlled substance in the third degree.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. May 15, 2026

    Referred to committee

    REFERRED TO CODES

    NY Senate

  2. May 1, 2026

    Referred to committee

    REFERRED TO CODES

    NY Assembly