NY State Senate Bill 2021-S6253

Senate Bill S6253

2021-2022 Legislative Session

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

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Apr 19, 2021	referred to health

2021-S6253 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3306, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S6636

2021-S6253 (ACTIVE) - Summary

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

2021-S6253 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6253

SPONSOR: JORDAN
 
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:

2019-20 - S.6636 - Referred to Health

2015-16 - S.1640-A - Passed Senate

2013-14 - S.2447 - Passed Senate

2011-12 - 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.

2021-S6253 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6253
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2021
                                ___________
 
 Introduced  by  Sen.  JORDAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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.
                                                            LBD10870-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.