BILL NUMBER: S8797

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the public health law, in relation to
adding substances to the schedules of controlled substances

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill adds nine types of Fentanyl to the New York State Controlled
Substance list. It also allows for additional controlled substances that
are listed in the Federal Schedule of Controlled Substances, but other-
wise not listed in the New York State Public Health law to be added.

 
SUMMARY OF PROVISIONS:

Section one amends subdivision (b) of schedule I of section 3306 of the
public health law. It closes a loophole in state law by adding the
following nine fentanyl analogs:

Butyryl fentanyl (N-(1-phenethylpiperidin-4-y1)-N-phenylbutyramide),

              

Beta-hydroxyfentanyl (N-(1-(2-hydroxy-2-phenethyl)-4-piperidiny1)- Nphe-
nylpropanamide,

N-(1-phenethylpiperidin-4-y1)-N-phenylfuran-2-carboxamide, its isomers,
esters, ethers, salts and salts of isomers, esters and ethers (Other
name: Furanyl fentanyl),

U-47700
(3,4-Dichloro-N- 
2-(DIMETHYLAMINO)CYCLOHEXYL-N-methylbenzamide),

N-(1-phenethylpiperidin-4-y1)-N-phenylacrylamide, its isomers, esters,
ethers, salts and salts of isomers, esters and ethers (Other names:
acryl fentanyl, acryloylfentanyl),

N-(4-fluoropheny1)-N-(1-phenethylpiperidin-4-yl)isobutyramide , its
isomers, esters, ethers, salts and salts of isomers, esters and ethers
(Other names: 4-f luoroisobutyryl fentanyl, para-fluoroisobutyryl fenta-
nyl),

N-(2-fluoropheny1)-N-(1-phenethylpiperidin-4-yl)propionamide, its isom-
ers, esters, ethers, salts and salts of isomers, esters and ethers
(Other names: ortho-fluorofentanyl, 2- fluorofentanyl),

N-(1-phenethylpiperidin-4-y1)-N-phenyltetrahydrofuran-2-carboxamide, its
isomers, esters, ethers, salts and salts of isomers, esters and ethers
(Other name: tetrahydrofuranyl fentanyl)

2-methoxy-N-(1-phenethylpiperidin-4-y1)-IV-phenylacetamide, its isomers,
esters, ethers, salts and salts of isomers, esters and ethers (Other
name: methoxyacetyl fentanyl)

Section one also specifies that any controlled substance listed in
Federal law 21 U.S.C. Section 812, Schedule I(a), that is not otherwise
listed in the New York State Schedule is also prohibited.

Section two amends subdivision (c) of Schedule I of section 3306 of the
public health law, providing that any controlled substance listed in

Federal law 21 U.S.C. Section 812, Schedule 1(b), that is not otherwise
listed in the New York State Schedule is also prohibited.

Section three amends subdivision (d) of Schedule I of section 3306 of
the public health law, providing that any controlled substance listed in
Federal law 21 U.S.C. Section 812, Schedule I(c) or I(d), that is not
otherwise listed in the New York State Schedule is also prohibited.

Section four amends subdivision (e) of Schedule I of section 3306 of the
public health law, providing that any controlled substance listed in
Federal law 21 U.S.C. Section 812, Schedule III(b) or IV, that is not
otherwise listed in the New York State Schedule is also prohibited.

Section five amends subdivision (c) of Schedule II of section 3306 of
the public health law, providing that any controlled substance listed in
Federal law 21 U.S.C. Section 812, Schedule II, III(d) or V, that is not
otherwise listed in the New York State Schedule is also prohibited.

Section six amends subdivision (d) of Schedule I of section 3306 of the
public health law, providing that any controlled substance listed in
Federal law 21 U.S.C. Section 812, Schedule III(a), that is not other-
wise listed in the New York State Schedule is also prohibited.

Section seven provides the effective date.

 
JUSTIFICATION:

This bill would add nine types of Fentanyl to the New York State
controlled Substance list, enabling Law Enforcement to further crack
down on dealers and combat emerging new drugs. Just in Staten Island
alone, overdose deaths involving opioids increased 42 percent between
2015 and 2016. However, fentanyl-related deaths increased at a much
higher rate - more than 700 percent - from seven in to 2015 to 58 in
2016. Statewide, the number of overdose deaths involving opioids
increased nearly 25 percent from 2015 to 2016, while fentanyl-related
deaths increased by nearly 160 percent. In 2017, 40% of overdose deaths
in New York City were the result of fentanyl analogues.  Fentanyl
analogs can vary in potency, but can be 100 times stronger than
morphine. Heroin and cocaine containing deadly concentrations of the
synthetic opioid fentanyl has been increasingly present in communities
throughout New York State. This new legislation seeks to further combat
the fentanyl crisis and mend the loophole in state law by adding nine
fentanyl analogs to the law and giving the New York State Health commis-
sioner the authority to add any new drugs that have been added to the
federal schedule, to the state controlled substances schedule.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.