New York state senators introduced legislation that would decriminalize personal drug possession and shift the state’s approach to substance use from law enforcement to public health.
The bill, introduced by Democratic Senator Gustavo Rivera and four co-sponsors, would reclassify drug possession from a criminal offense to a civil violation carrying a $50 fine.
Individuals could avoid the fine by completing a health and social services screening within 45 days. The screening would evaluate needs for substance use treatment, mental health care, housing, and employment services.
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“For far too long, New York and the rest of the US have centered their responses to drug use around enforcement,” the bill’s justification memo states. The legislation aims to “shift the focus from criminalization and stigma to a science- and compassion-based approach.”
The proposal would create a drug decriminalization task force to study and recommend additional reforms. The panel would include state health officials, legal experts, and individuals directly impacted by drug policies.
Task force members would examine appropriate quantities for personal possession, barriers to treatment access, and strategies to reduce racial disparities in enforcement.
The legislation includes provisions for automatic expungement of certain prior drug convictions. It would also protect individuals currently under parole or probation from penalties for conduct no longer considered criminal.
Rivera introduced similar legislation in 2023 that failed to advance. If passed, the new law would take effect in 180 days.
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