NY State Senate Bill 2017-S2722

Senate Bill S2722

2017-2018 Legislative Session

Provides that a controlled substance analogue shall be deemed to be the controlled substance to which it is substantially similar or mimics

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jun 05, 2018	advanced to third reading
Jun 04, 2018	2nd report cal.
May 31, 2018	1st report cal.1486
Jan 03, 2018	referred to health returned to senate died in assembly
Apr 24, 2017	referred to health delivered to assembly passed senate
Mar 13, 2017	advanced to third reading
Mar 08, 2017	2nd report cal.
Mar 07, 2017	1st report cal.387
Jan 17, 2017	referred to health

Votes

- Apr 24, 2017 - Floor Vote
  S2722
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 24, 2017
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Bailey
      
      Krueger
      
      Sanders Jr.
  May 31, 2018 - Health Committee Vote
  S2722
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 31, 2018
      
      aye (17)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Mayer
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky

co-Sponsors

View additional co-sponsors

2017-S2722 (ACTIVE) - Details

See Assembly Version of this Bill:: A2970
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §3302, add §3306-a, Pub Health L; amd §220.00, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S2722, A2970

2017-S2722 (ACTIVE) - Summary

Provides that a controlled substance analogue shall be deemed to be the controlled substance to which it is substantially similar or mimics.

2017-S2722 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2722

 TITLE OF BILL :  An act to amend the public health law and the penal
law, in relation to controlled substance analogues

 PURPOSE OR GENERAL IDEA OF BILL :

To ban the analog substances of scheduled controlled substances. This
bill will give state drug and law enforcement agencies and individuals
another tool to combat the quickly moving world of designer drugs.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill defines a controlled substance analogue as a
substance that has a chemical structure, which is substantially
similar to the chemical structure of a controlled substance and either
has a stimulant, depressant or hallucinogenic effect on the central
nervous system. Any substance that is represented or intended to have
a stimulant, depressant or hallucinogenic effect on the central
nervous system is also included in the definition.

Section 2 states that the term controlled substance analogue includes
the controlled substance of which it is an analogue for purposes of
state law.

Section 3 defines the mens rea element of "knowingly" under the penal

law in relation to prosecution of controlled substance analogues.

Section 4 states that this Act shall take effect immediately.

 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 IL" This legislation creates a similar state
law to ban the analogs of controlled substances.

 PRIOR LEGISLATIVE HISTORY :

Similar to:
S.1640 of 2016 Passed Senate
S.1640 of 2015 Passed Senate
S.2447 of 2014 Passed Senate
S.2447 of 2013 Passed Senate

 FISCAL IMPLICATIONS :

None to the state

 EFFECTIVE DATE :
Immediately

2017-S2722 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2722
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sens. KLEIN, AMEDORE, GALLIVAN, KENNEDY, MURPHY, O'MARA,
   ORTT, SERINO, VALESKY -- 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
   controlled substance 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 44 to read as follows:
   44.  "CONTROLLED SUBSTANCE ANALOGUE" (A) MEANS A SUBSTANCE, THE CHEMI-
 CAL STRUCTURE OF WHICH IS SUBSTANTIALLY SIMILAR TO THE  CHEMICAL  STRUC-
 TURE  OF  A  CONTROLLED  SUBSTANCE LISTED IN SCHEDULE I OR II OF SECTION
 THIRTY-THREE HUNDRED SIX OF THIS TITLE, AND WHICH EITHER:
   (I) HAS A  STIMULANT,  DEPRESSANT  OR  HALLUCINOGENIC  EFFECT  ON  THE
 CENTRAL  NERVOUS SYSTEM THAT MIMICS OR IS SIMILAR TO OR GREATER THAN THE
 STIMULANT, DEPRESSANT OR HALLUCINOGENIC EFFECT ON  THE  CENTRAL  NERVOUS
 SYSTEM  OF  A CONTROLLED SUBSTANCE LISTED IN SCHEDULE I OR II OF SECTION
 THIRTY-THREE HUNDRED SIX OF THIS TITLE; OR
   (II) WITH RESPECT TO A PARTICULAR PERSON, IS  A  SUBSTANCE  THAT  SUCH
 PERSON REPRESENTS OR INTENDS TO HAVE A STIMULANT, DEPRESSANT OR HALLUCI-
 NOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM THAT IS SUBSTANTIALLY SIMI-
 LAR  TO  OR  GREATER  THAN  THE  STIMULANT, DEPRESSANT OR HALLUCINOGENIC
 EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A CONTROLLED SUBSTANCE LISTED IN
 SCHEDULE I OR II OF SECTION THIRTY-THREE HUNDRED SIX OF THIS TITLE.
   (B) SUCH TERM SHALL NOT INCLUDE:
   (I) A CONTROLLED SUBSTANCE;
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07432-01-7

 S. 2722                             2
 
 PROVIDED BY 21 U.S.C. § 355, TO THE EXTENT CONDUCT WITH RESPECT  TO  THE
 SUBSTANCE IS PURSUANT TO SUCH EXEMPTION.
   §  2.  The public health law is amended by adding a new section 3306-a
 to read as follows:
   § 3306-A. CONTROLLED SUBSTANCE  ANALOGUES.    A  CONTROLLED  SUBSTANCE
 ANALOGUE  SHALL  BE  DEEMED  TO  BE,  FOR  ALL  PURPOSES,  INCLUDING ALL
 PROVISIONS OF LAW, THE CONTROLLED SUBSTANCE OF WHICH IT IS AN ANALOGUE.
   § 3. Section 220.00 of the penal law is amended by adding a new subdi-
 vision 21 to read as follows:
   21. "KNOWINGLY" WHEN USED IN CONNECTION WITH AN OFFENSE INVOLVING  THE
 POSSESSION  OR  SALE,  OR THE ATTEMPT OR CONSPIRACY TO POSSESS OR SELL A
 CONTROLLED SUBSTANCE ANALOGUE, SHALL NOT REQUIRE KNOWLEDGE BY  A  PERSON
 OF THE CHEMICAL STRUCTURE OF THE SUBSTANCE, BUT RATHER, IT IS SUFFICIENT
 IF:
   (A)  SUCH  PERSON  KNEW  OR  SHOULD  HAVE  KNOWN  THAT  THE CONTROLLED
 SUBSTANCE ANALOGUE HAS A STIMULANT, DEPRESSANT OR HALLUCINOGENIC  EFFECT
 ON THE CENTRAL NERVOUS SYSTEM THAT IS SUBSTANTIALLY SIMILAR TO OR GREAT-
 ER  THAN  THE  STIMULANT,  DEPRESSANT  OR  HALLUCINOGENIC  EFFECT ON THE
 CENTRAL NERVOUS SYSTEM OF A CONTROLLED SUBSTANCE LISTED IN SCHEDULE I OR
 II OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW; OR
   (B) SUCH PERSON REPRESENTED OR INTENDED FOR THE SUBSTANCE  TO  HAVE  A
 STIMULANT,  DEPRESSANT  OR  HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS
 SYSTEM THAT IS SUBSTANTIALLY SIMILAR TO OR GREATER THAN  THE  STIMULANT,
 DEPRESSANT  OR  HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A
 CONTROLLED SUBSTANCE LISTED IN SCHEDULE I OR II OF SECTION  THIRTY-THREE
 HUNDRED SIX OF THE PUBLIC HEALTH LAW.
   § 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.