Senate Bill S2855

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current 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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2023-S2855 (ACTIVE) - Details

See Assembly Version of this Bill:
A4582
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§3302 & 3306, Pub Health L; amd §220.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S2722, A2970
2019-2020: S1652, A6757
2021-2022: S1824, A6629

2023-S2855 (ACTIVE) - Summary

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

2023-S2855 (ACTIVE) - Sponsor Memo

2023-S2855 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2855
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  MAYER, PARKER -- 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
   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

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