senate Bill S2447

Includes within the schedules of controlled substances, any substances designated as controlled substances pursuant to the federal Analog Act

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Jan / 2013
    • REFERRED TO HEALTH
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1122
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 06 / May / 2014
    • 1ST REPORT CAL.558
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 09 / Jun / 2014
    • PASSED SENATE
  • 09 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 09 / Jun / 2014
    • REFERRED TO HEALTH

Summary

Includes within the schedules of controlled substances, any substances designated as controlled substances pursuant to the federal Analog Act.

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Bill Details

See Assembly Version of this Bill:
A6608
Versions:
S2447
Legislative Cycle:
2013-2014
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §3306, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
S7102, A10449

Sponsor Memo

BILL NUMBER:S2447

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

PURPOSE OR GENERAL IDEA OF BILL: This bill will give state drug and
law enforcement agencies and individuals the 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 SPECIFIC 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 or II." This legislation incorporates this act
into Public Health Law 3306 to give state enforcement another tool.

PRIOR LEGISLATIVE HISTORY: 2012 - S. 7102 - Reported to Senate
Calendar.

FISCAL IMPLICATIONS: None to the State.

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

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2447

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 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. S 813):
  S 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.
                                                           LBD06803-01-3

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