Senate Bill S1652A

2019-2020 Legislative Session

Provides that a fentanyl analogue shall be deemed to be a schedule I opiate

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-S1652 - Details

See Assembly Version of this Bill:
A6757
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §3302, amd §3306, Pub Health L; amd §220.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S2722, A2970
2021-2022: S1824, A6629
2023-2024: S2855, A4582

2019-S1652 - Summary

Provides that a fentanyl analogue shall be deemed to be a schedule I opiate.

2019-S1652 - Sponsor Memo

2019-S1652 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1652
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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
 PROVIDED  BY  21 U.S.C. § 355, TO THE EXTENT CONDUCT WITH RESPECT TO THE
 SUBSTANCE IS PURSUANT TO SUCH EXEMPTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-S1652A (ACTIVE) - Details

See Assembly Version of this Bill:
A6757
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §3302, amd §3306, Pub Health L; amd §220.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S2722, A2970
2021-2022: S1824, A6629
2023-2024: S2855, A4582

2019-S1652A (ACTIVE) - Summary

Provides that a fentanyl analogue shall be deemed to be a schedule I opiate.

2019-S1652A (ACTIVE) - Sponsor Memo

2019-S1652A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1652--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by Sens. SKOUFIS, BIAGGI, BOYLE, MAYER, PARKER -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Health -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the public health law and the penal law, in relation to
   fentanyl 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.  "FENTANYL  ANALOGUE" (A) MEANS ANY SUBSTANCE THAT IS STRUCTURALLY
 RELATED TO FENTANYL BY ONE OR MORE OF THE FOLLOWING MODIFICATIONS:
   (I) REPLACEMENT OF THE PHENYL PORTION OF THE PHENETHYL  GROUP  BY  ANY
 MONOCYCLE, WHETHER OR NOT FURTHER SUBSTITUTED IN OR ON THE MONOCYCLE;
   (II)  SUBSTATION  IN  OR  ON  THE  PHENETHYL GROUP WITH ALKL, ALKENYL,
 ALKOXYL, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
   (III) SUBSTITUTION IN OR ON THE PIPERIDINE RING WITH  ALKYL,  ALKENYL,
 ALKOXYL, ESTER, ETHER, HYDROXYL, HALO, HALOALKYL, AMINO OR NITO GROUPS;
   (IV)  REPLACEMENT  OF  THE  ANILINE  RING  WITH ANY AROMATIC MONOCYCLE
 WHETHER OR NOT FURTHER SUBSTITUTED IN  OR  ON  THE  AROMATIC  MONOCYLCE;
 AND/OR
   (V) REPLACEMENT OF THE N-PROPIONYL GROUP BY ANOTHER ACYL GROUP.
   (B) SUCH TERM SHALL NOT INCLUDE:
   (I) FENTANYL;
   (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
 PROVIDED  BY  21 U.S.C. § 355, TO THE EXTENT CONDUCT WITH RESPECT TO THE
 SUBSTANCE IS PURSUANT TO SUCH EXEMPTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06553-02-9

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