S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4582
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Health
 
 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 42 to read as follows:
   42. "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) SUBSTITUTION IN OR ON THE PHENETHYL GROUP  WITH  ALKYL,  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 NITRO GROUPS;
   (IV) REPLACEMENT OF THE  ANILINE  RING  WITH  ANY  AROMATIC  MONOCYCLE
 WHETHER  OR  NOT  FURTHER  SUBSTITUTED  IN OR ON THE AROMATIC MONOCYCLE;
 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.
   §  2.  Subdivision  (b)  of  schedule  I of section 3306 of the public
 health law is amended by adding a new paragraph 71 to read as follows:
   (71) ANY FENTANYL ANALOGUE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05805-01-3
              

 A. 4582                             2
 
   § 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
 FENTANYL ANALOGUE, SHALL NOT REQUIRE KNOWLEDGE BY A PERSON OF THE CHEMI-
 CAL STRUCTURE OF THE SUBSTANCE.
   § 4. This act shall take effect immediately.