NY State Senate Bill S1640A

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2016	referred to health delivered to assembly passed senate ordered to third reading cal.50 committee discharged and committed to rules
Jan 21, 2016	print number 1640a
Jan 21, 2016	amend (t) and recommit to health
Jan 06, 2016	referred to health returned to senate died in assembly
Jun 09, 2015	referred to health delivered to assembly passed senate
May 27, 2015	advanced to third reading
May 20, 2015	2nd report cal.
May 19, 2015	1st report cal.818
Jan 13, 2015	referred to health

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S1640 - Details

See Assembly Version of this Bill:: A4059
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §3306, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7102, A10449
2013-2014: S2447, A6608

S1640 - Summary

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

S1640 - Sponsor Memo

BILL NUMBER:S1640

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:

2014 - S. 2447 - Passed Senate
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.

S1640 - Bill Text download pdf

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

                                  1640

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

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.
                                                           LBD07400-01-5

Co-Sponsors

S1640A (ACTIVE) - Details

See Assembly Version of this Bill:: A4059
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §3306, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7102, A10449
2013-2014: S2447, A6608

S1640A (ACTIVE) - Summary

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

S1640A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S1640A

 TITLE OF BILL :

An act to amend the public health law, in relation to including
substances designated pursuant to the federal Analog Act and
Controlled Substances 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 :

2014 - S. 2447 - Passed Senate
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.

S1640A (ACTIVE) - Bill Text download pdf

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

                                 1640--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced by Sens. KLEIN, AMEDORE, KENNEDY, MURPHY, O'MARA, ORTT, VALE-
  SKY  -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Health --  recommitted  to  the  Committee  on
  Health  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to  amend  the  public  health  law,  in  relation  to  including
  substances   designated   pursuant  to  the  federal  Analog  Act  and
  Controlled  Substances  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) AND
CONTROLLED SUBSTANCES ACT (21 U.S.C. SS  801-971),  OR  ANY  REGULATIONS
ADOPTED  PURSUANT  TO  SUCH  ACTS, INCLUDING ANY PERMANENT AND EMERGENCY
REGULATIONS ADOPTED BY THE FEDERAL DRUG ENFORCEMENT ADMINISTRATION:
  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.
                                                           LBD07400-02-6

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The New York State Senate

senate Bill S1640A

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Jan 25, 2016 - floor Vote

Floor Vote: Jan 25, 2016

Jan 25, 2016 - Rules committee Vote

Rules Committee Vote: Jan 25, 2016

Jun 9, 2015 - floor Vote

Floor Vote: Jun 9, 2015

May 19, 2015 - Health committee Vote

Committee Vote: May 19, 2015

Bill Amendments

Co-Sponsors

S1640 - Details

S1640 - Summary

S1640 - Sponsor Memo

S1640 - Bill Text download pdf

Co-Sponsors

S1640A (ACTIVE) - Details

S1640A (ACTIVE) - Summary

S1640A (ACTIVE) - Sponsor Memo

S1640A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1640A

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jan 25, 2016 - floor Vote

Floor Vote: Jan 25, 2016

Jan 25, 2016 - Rules committee Vote

Rules Committee Vote: Jan 25, 2016

Jun 9, 2015 - floor Vote

Floor Vote: Jun 9, 2015

May 19, 2015 - Health committee Vote

Committee Vote: May 19, 2015

Bill Amendments

Co-Sponsors

S1640 - Details

S1640 - Summary

S1640 - Sponsor Memo

S1640 - Bill Text download pdf

Co-Sponsors

S1640A (ACTIVE) - Details

S1640A (ACTIVE) - Summary

S1640A (ACTIVE) - Sponsor Memo

S1640A (ACTIVE) - Bill Text download pdf

Comments