Senate Bill S3934

2025-2026 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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2025-S3934 (ACTIVE) - Details

See Assembly Version of this Bill:
A542
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
2023-2024: S2855, A4582

2025-S3934 (ACTIVE) - Summary

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

2025-S3934 (ACTIVE) - Sponsor Memo

2025-S3934 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3934
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sens.  SKOUFIS, ADDABBO, 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 93 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02434-01-5

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