NY State Senate Bill 2019-S6636

Senate Bill S6636

2019-2020 Legislative Session

Relates to including substances designated pursuant to the federal Analog Act and Controlled Substances Act within the definition of controlled substances

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Jul 24, 2019	referred to rules

co-Sponsors

2019-S6636 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3306, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S6253

2019-S6636 (ACTIVE) - Summary

Relates to including substances designated pursuant to the federal Analog Act and Controlled Substances Act within the definition of controlled substances.

2019-S6636 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6636

SPONSOR: AMEDORE
 
TITLE OF BILL:  An act to amend the public health law, in relation to
including substances designated pursuant to the federal Analog Act and
Controlled Substances Act within the definition of controlled substances

 
PURPOSE:

This bill will give state drug and law enforcement agencies and individ-
uals another tool to combat the quickly moving world of designer drugs.
The Federal Analog Act (21 use § 813) allows scheduling and enforcement
against drugs which are substantially structurally similar to those in
schedule I or II. This bill will incorporate substances scheduled under
this act into New York State Public Health Law.

 
SUMMARY OF PROVISIONS:

Section 1 amends Public Health Law Section 3306 to incorporate the
Federal Analog Act into New York State's Drug Scheduling provisions.

 
JUSTIFICATION:

Currently under New York State Law, only a narrow selection of scheduled
substances have analog protection. That is, manufacturers often only
need to chemically "tweak" a drug to avoid scheduling.  This creates a
game of cat-and-mouse, with legislation and enforcement far slower to
act than the manufacturers of designer drugs. On the federal level, the
Drug Enforcement Agency is able to act on new, individual substances on
a case-by-case basis through the use of the Federal Analog Act, which
schedules burgeoning substances "substantially similar to the chemical
structure of a controlled substance in schedule I or II." This legis-
lation incorporates this federal act into Public Health Law 3306 to give
state enforcement another tool.

 
LEGISLATIVE HISTORY:

2016 - S.1640-A - Passed Senate
2015 - S.1640 - Passed Senate
2014 - S.2447 - Passed Senate
2013 - S.2447 - Passed Senate
2012 - S.7102 - Reported to Senate Calendar

 
FISCAL IMPLICATIONS:

None to State.

 
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become
law.

2019-S6636 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6636
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               July 24, 2019
                                ___________
 
 Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to  amend  the  public  health  law,  in  relation  to  including
   substances   designated   pursuant  to  the  federal  Analog  Act  and
   Controlled  Substances  Act  within  the  definition   of   controlled
   substances

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of section 3306 of the public  health
 law,  as added by chapter 664 of the laws of 1985, is amended to read as
 follows:
   There are hereby established five schedules of controlled  substances,
 to  be known as schedules I, II, III, IV and V respectively. Such sched-
 ules shall consist of the following substances by whatever name or chem-
 ical designation known, AND SHALL INCLUDE ANY SUCH SUBSTANCES  AS  SHALL
 BE  DESIGNATED  PURSUANT TO THE FEDERAL ANALOG ACT (21 U.S.C. § 813) AND
 CONTROLLED SUBSTANCES ACT (21 U.S.C. §§  801-971),  OR  ANY  REGULATIONS
 ADOPTED  PURSUANT  TO  SUCH  ACTS, INCLUDING ANY PERMANENT AND EMERGENCY
 REGULATIONS ADOPTED BY THE FEDERAL DRUG ENFORCEMENT ADMINISTRATION:
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13546-01-9

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Senate Bill S6636

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Sponsored By

George Amedore