senate Bill S7102

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1084
Apr 27, 2012 referred to health

Votes

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Jun 5, 2012 - Health committee Vote

S7102
12
0
committee
12
Aye
0
Nay
3
Aye with Reservations
0
Absent
2
Excused
0
Abstained
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Health Committee Vote: Jun 5, 2012

excused (2)

S7102 - Bill Details

See Assembly Version of this Bill:
A10449
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Amd §3306, Pub Health L

S7102 - Bill Texts

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

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BILL NUMBER:S7102

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 individ-
uals 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
I or II." This legislation incorporates this act into Public Health Law
3306 to give state enforcement another tool.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

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

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

                                  7102

                            I N  S E N A T E

                             April 27, 2012
                               ___________

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 thirtieth day  after  it  shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15521-01-2

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