S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2722
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sens. KLEIN, AMEDORE, GALLIVAN, KENNEDY, MURPHY, O'MARA,
   ORTT, SERINO, VALESKY -- read twice  and  ordered  printed,  and  when
   printed to be committed to the Committee on Health
 
 AN  ACT to amend the public health law and the penal law, in relation to
   controlled substance analogues

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 3302 of the public health law is amended by adding
 a new subdivision 44 to read as follows:
   44.  "CONTROLLED SUBSTANCE ANALOGUE" (A) MEANS A SUBSTANCE, THE CHEMI-
 CAL STRUCTURE OF WHICH IS SUBSTANTIALLY SIMILAR TO THE  CHEMICAL  STRUC-
 TURE  OF  A  CONTROLLED  SUBSTANCE LISTED IN SCHEDULE I OR II OF SECTION
 THIRTY-THREE HUNDRED SIX OF THIS TITLE, AND WHICH EITHER:
   (I) HAS A  STIMULANT,  DEPRESSANT  OR  HALLUCINOGENIC  EFFECT  ON  THE
 CENTRAL  NERVOUS SYSTEM THAT MIMICS OR IS SIMILAR TO OR GREATER THAN THE
 STIMULANT, DEPRESSANT OR HALLUCINOGENIC EFFECT ON  THE  CENTRAL  NERVOUS
 SYSTEM  OF  A CONTROLLED SUBSTANCE LISTED IN SCHEDULE I OR II OF SECTION
 THIRTY-THREE HUNDRED SIX OF THIS TITLE; OR
   (II) WITH RESPECT TO A PARTICULAR PERSON, IS  A  SUBSTANCE  THAT  SUCH
 PERSON REPRESENTS OR INTENDS TO HAVE A STIMULANT, DEPRESSANT OR HALLUCI-
 NOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM THAT IS SUBSTANTIALLY SIMI-
 LAR  TO  OR  GREATER  THAN  THE  STIMULANT, DEPRESSANT OR HALLUCINOGENIC
 EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A CONTROLLED SUBSTANCE LISTED IN
 SCHEDULE I OR II OF SECTION THIRTY-THREE HUNDRED SIX OF THIS TITLE.
   (B) SUCH TERM SHALL NOT INCLUDE:
   (I) A CONTROLLED SUBSTANCE;
   (II) ANY SUBSTANCE FOR WHICH THERE IS AN APPROVED NEW DRUG APPLICATION
 BY THE FEDERAL FOOD AND DRUG ADMINISTRATION (FDA); OR
   (III) WITH RESPECT TO  A  PARTICULAR  PERSON,  ANY  SUBSTANCE,  IF  AN
 EXEMPTION  IS  IN  EFFECT  FOR  INVESTIGATIONAL  USE FOR THAT PERSON, AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07432-01-7
              

 S. 2722                             2
 
 PROVIDED BY 21 U.S.C. § 355, TO THE EXTENT CONDUCT WITH RESPECT  TO  THE
 SUBSTANCE IS PURSUANT TO SUCH EXEMPTION.
   §  2.  The public health law is amended by adding a new section 3306-a
 to read as follows:
   § 3306-A. CONTROLLED SUBSTANCE  ANALOGUES.    A  CONTROLLED  SUBSTANCE
 ANALOGUE  SHALL  BE  DEEMED  TO  BE,  FOR  ALL  PURPOSES,  INCLUDING ALL
 PROVISIONS OF LAW, THE CONTROLLED SUBSTANCE OF WHICH IT IS AN ANALOGUE.
   § 3. Section 220.00 of the penal law is amended by adding a new subdi-
 vision 21 to read as follows:
   21. "KNOWINGLY" WHEN USED IN CONNECTION WITH AN OFFENSE INVOLVING  THE
 POSSESSION  OR  SALE,  OR THE ATTEMPT OR CONSPIRACY TO POSSESS OR SELL A
 CONTROLLED SUBSTANCE ANALOGUE, SHALL NOT REQUIRE KNOWLEDGE BY  A  PERSON
 OF THE CHEMICAL STRUCTURE OF THE SUBSTANCE, BUT RATHER, IT IS SUFFICIENT
 IF:
   (A)  SUCH  PERSON  KNEW  OR  SHOULD  HAVE  KNOWN  THAT  THE CONTROLLED
 SUBSTANCE ANALOGUE HAS A STIMULANT, DEPRESSANT OR HALLUCINOGENIC  EFFECT
 ON THE CENTRAL NERVOUS SYSTEM THAT IS SUBSTANTIALLY SIMILAR TO OR GREAT-
 ER  THAN  THE  STIMULANT,  DEPRESSANT  OR  HALLUCINOGENIC  EFFECT ON THE
 CENTRAL NERVOUS SYSTEM OF A CONTROLLED SUBSTANCE LISTED IN SCHEDULE I OR
 II OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW; OR
   (B) SUCH PERSON REPRESENTED OR INTENDED FOR THE SUBSTANCE  TO  HAVE  A
 STIMULANT,  DEPRESSANT  OR  HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS
 SYSTEM THAT IS SUBSTANTIALLY SIMILAR TO OR GREATER THAN  THE  STIMULANT,
 DEPRESSANT  OR  HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A
 CONTROLLED SUBSTANCE LISTED IN SCHEDULE I OR II OF SECTION  THIRTY-THREE
 HUNDRED SIX OF THE PUBLIC HEALTH LAW.
   § 4. This act shall take effect immediately.