NY State Assembly Bill 2017-A2970A

Assembly Bill A2970A

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

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Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health
Apr 27, 2017	print number 2970a
Apr 27, 2017	amend (t) and recommit to health
Jan 23, 2017	referred to health

Bill Amendments

Original

A (Active)

2017-A2970 - Details

See Senate Version of this Bill:: S2722
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §3302, add §3306-a, Pub Health L; amd §220.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A6757, S1652
2021-2022: A6629, S1824
2023-2024: A4582, S2855

2017-A2970 - Summary

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

2017-A2970 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2970
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Health
 
 AN  ACT to amend the public health law, in relation to adding controlled
   substance  analogues  to  the  definitions  and  lists  of  controlled
   substances   and  requiring  testing  for  controlled  substances  and
   controlled  substance  analogues  in  testing  for  patients  who  are
   suspected  of  a controlled substance overdose; and to amend the penal
   law in relation  to  adding  controlled  substance  analogues  to  the
   offense  of  criminal possession of a controlled substance, and adding
   controlled  substance  analogues  to  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 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, AS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO OF THIS  TITLE,
 SHALL  BE  TREATED  FOR  THE  PURPOSES OF ANY NEW YORK STATE LAW, AS THE
 CONTROLLED SUBSTANCE OF WHICH IT IS AN ANALOGUE.
   § 2. Section 3302 of the public health law is amended by adding a  new
 subdivision 44 to read as follows:
   44. "CONTROLLED SUBSTANCE ANALOGUE" MEANS:
   (A)  EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE TERM
 "CONTROLLED SUBSTANCE ANALOGUE" MEANS A SUBSTANCE, THE  CHEMICAL  STRUC-
 TURE  OF WHICH IS SUBSTANTIALLY SIMILAR TO THE CHEMICAL STRUCTURE OF ANY
 CONTROLLED SUBSTANCE INCLUDED IN THE SCHEDULE OF  CONTROLLED  SUBSTANCES
 IN 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06655-01-7

 A. 2970                             2
 
 SYSTEM OF A CONTROLLED SUBSTANCE IN 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  HALLU-
 CINOGENIC  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 IN
 SECTION THIRTY-THREE HUNDRED SIX OF THIS TITLE.
   (B) SUCH TERM SHALL NOT INCLUDE:
   (I) A CONTROLLED SUBSTANCE; OR
   (II) ANY SUBSTANCE FOR WHICH THERE IS AN APPROVED NEW DRUG APPLICATION
 BY THE FEDERAL FOOD AND DRUG ADMINISTRATION; 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.
   §  3.  The public health law is amended by adding a new section 2805-z
 to read as follows:
   § 2805-Z. CONTROLLED SUBSTANCE ANALOGUE SCREENINGS. 1. EVERY  FACILITY
 PROVIDING  TREATMENT  FOR  PATIENTS  SUSPECTED OF A CONTROLLED SUBSTANCE
 OVERDOSE SHALL TEST  FOR  CONTROLLED  SUBSTANCES,  INCLUDING  CONTROLLED
 SUBSTANCE ANALOGUES.
   2. THE COMMISSIONER SHALL PROMULGATE ALL SUCH RULES AND REGULATIONS AS
 MAY BE NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 4. 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 THE OFFENSES INVOLVING
 THE POSSESSION OR SALE, OR THE ATTEMPT OR CONSPIRACY TO POSSESS OR  SELL
 A  CONTROLLED  SUBSTANCE  ANALOGUE,  SHALL  NOT REQUIRE KNOWLEDGE BY THE
 DEFENDANT OF THE CHEMICAL STRUCTURE OF THE SUBSTANCE, BUT RATHER, IT  IS
 SUFFICIENT IF:
   (A)  THE  DEFENDANT KNEW OR SHOULD HAVE KNOWN THAT THE SUBSTANCE HAS 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  IN SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC
 HEALTH LAW; OR
   (B) THE DEFENDANT 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 INCLUDED IN THE SCHEDULE OF  CONTROLLED  SUBSTANCES
 IN SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
   §  5.  Subdivision  8  of section 220.06 of the penal law, as added by
 chapter 264 of the laws of 2003, is amended and a new subdivision  9  is
 added to read as follows:
   8.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
 subdivision (e) of schedule I of section thirty-three hundred six of the
 public  health  law,  and  said  preparations,  compounds,  mixtures  or
 substances are of an aggregate weight of twenty-eight grams or  more[.];
 OR
   9.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING A CONTROLLED SUBSTANCE ANALOGUE AS DEFINED IN  SECTION  THIR-
 TY-THREE  HUNDRED  TWO  OF  THE PUBLIC HEALTH LAW AND SAID PREPARATIONS,

 A. 2970                             3
 
 COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF  AN  AGGREGATE  WEIGHT  OF  ONE
 OUNCE OR MORE.
   §  6.  Subdivision  15 of section 220.09 of the penal law, as added by
 chapter 264 of the laws of 2003, is amended and a new subdivision 16  is
 added to read as follows:
   15.  one  or  more  preparations,  compounds,  mixtures  or substances
 containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
 subdivision (e) of schedule I of section thirty-three hundred six of the
 public  health  law,  and  said  preparations,  compounds,  mixtures  or
 substances are of an aggregate weight of two hundred grams  or  more[.];
 OR
   16.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR SUBSTANCES
 CONTAINING A CONTROLLED SUBSTANCE ANALOGUE AS DEFINED IN  SECTION  THIR-
 TY-THREE  HUNDRED  TWO  OF  THE PUBLIC HEALTH LAW AND SAID PREPARATIONS,
 COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN  AGGREGATE  WEIGHT  OF  FOUR
 OUNCES OR MORE.
   §  7. Subdivision 13 of section 220.16 of the penal law, as amended by
 chapter 75 of the laws of 1995, is amended and a new subdivision  14  is
 added to read as follows:
   13.    phencyclidine  and  said  phencyclidine weighs one thousand two
 hundred fifty milligrams or more[.]; OR
   14. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  A  CONTROLLED SUBSTANCE ANALOGUE AS DEFINED IN SECTION THIR-
 TY-THREE HUNDRED TWO OF THE PUBLIC HEALTH  LAW  AND  SAID  PREPARATIONS,
 COMPOUNDS,  MIXTURES  OR  SUBSTANCES  ARE  OF AN AGGREGATE WEIGHT OF TEN
 POUNDS OR MORE.
   § 8. Section 220.34 of the penal law is amended by adding a new subdi-
 vision 10 to read as follows:
   10. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  A  CONTROLLED SUBSTANCE ANALOGUE AS DEFINED IN SECTION THIR-
 TY-THREE HUNDRED TWO OF THE PUBLIC HEALTH  LAW  AND  SAID  PREPARATIONS,
 COMPOUNDS,  MIXTURES  OR  SUBSTANCES  ARE  OF AN AGGREGATE WEIGHT OF ONE
 OUNCE OR MORE.
   § 9. Subdivision 9 of section 220.39 of the penal  law,  as  added  by
 chapter  410 of the laws of 1979, is amended and a new subdivision 10 is
 added to read as follows:
   9. a narcotic preparation to  a  person  less  than  twenty-one  years
 old[.]; OR
   10.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR SUBSTANCES
 CONTAINING A CONTROLLED SUBSTANCE ANALOGUE AS DEFINED IN  SECTION  THIR-
 TY-THREE  HUNDRED  TWO  OF  THE PUBLIC HEALTH LAW AND SAID PREPARATIONS,
 COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF  SIXTEEN
 OUNCES OR MORE.
   §  10. Subdivisions 5, 7, 8, 9, 10, 11, 12 and 13 of section 220.00 of
 the penal law, subdivision 5 as amended by chapter 537 of  the  laws  of
 1998,  subdivisions 7, 9, 10, 11, 12 and 13 as amended by chapter 664 of
 the laws of 1985, and subdivision 8 as amended by section 18 of  part  C
 of chapter 447 of the laws of 2012, are amended to read as follows:
   5.  "Controlled  substance"  means any substance listed in schedule I,
 II, III, IV or V of section  thirty-three  hundred  six  of  the  public
 health  law,  AND  ANY CONTROLLED SUBSTANCE ANALOGUE FOR SUCH CONTROLLED
 SUBSTANCE AS DEFINED IN SUBDIVISION FORTY-FOUR OF  SECTION  THIRTY-THREE
 HUNDRED  TWO OF THE PUBLIC HEALTH LAW, other than marihuana, but includ-
 ing concentrated cannabis as defined in  paragraph  (a)  of  subdivision
 four of section thirty-three hundred two of such law.

 A. 2970                             4
 
   7.  "Narcotic  drug" means any controlled substance listed in schedule
 I(b), I(c), II(b) or II(c) other  than  methadone,  AND  ANY  CONTROLLED
 SUBSTANCE  ANALOGUE FOR SUCH CONTROLLED SUBSTANCE AS DEFINED IN SUBDIVI-
 SION FORTY-FOUR OF SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH
 LAW.
   8.  "Narcotic  preparation"  means  any controlled substance listed in
 schedule  II(b-1),  III(d)  or  III(e),  AND  ANY  CONTROLLED  SUBSTANCE
 ANALOGUE  FOR SUCH CONTROLLED SUBSTANCE AS DEFINED IN SUBDIVISION FORTY-
 FOUR OF SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW.
   9. "Hallucinogen" means any controlled substance  listed  in  schedule
 I(d)  (5), (18), (19), (20), (21) and (22), AND ANY CONTROLLED SUBSTANCE
 ANALOGUE FOR SUCH CONTROLLED SUBSTANCE AS DEFINED IN SUBDIVISION  FORTY-
 FOUR OF SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW.
   10.  "Hallucinogenic  substance" means any controlled substance listed
 in schedule I(d) other than concentrated cannabis, lysergic acid diethy-
 lamide, or an hallucinogen, AND ANY CONTROLLED  SUBSTANCE  ANALOGUE  FOR
 SUCH  CONTROLLED  SUBSTANCE  AS  DEFINED  IN  SUBDIVISION  FORTY-FOUR OF
 SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW.
   11. "Stimulant" means any  controlled  substance  listed  in  schedule
 I(f),II(d),  AND  ANY  CONTROLLED SUBSTANCE ANALOGUE FOR SUCH CONTROLLED
 SUBSTANCE AS DEFINED IN SUBDIVISION FORTY-FOUR OF  SECTION  THIRTY-THREE
 HUNDRED TWO OF THE PUBLIC HEALTH LAW.
   12.  "Dangerous  depressant"  means any controlled substance listed in
 schedule I(e)(2), (3), II(e), III(c)(3) or IV(c)(2), (31),  (32),  (40),
 AND  ANY  CONTROLLED SUBSTANCE ANALOGUE FOR SUCH CONTROLLED SUBSTANCE AS
 DEFINED IN SUBDIVISION FORTY-FOUR OF SECTION THIRTY-THREE HUNDRED TWO OF
 THE PUBLIC HEALTH LAW.
   13. "Depressant" means any controlled  substance  listed  in  schedule
 IV(c)  except  (c)(2),  (31),  (32),  (40), AND ANY CONTROLLED SUBSTANCE
 ANALOGUE FOR SUCH CONTROLLED SUBSTANCE AS DEFINED IN SUBDIVISION  FORTY-
 FOUR OF SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW.
   § 11. This act shall take effect immediately.

multi-Sponsors

2017-A2970A (ACTIVE) - Details

See Senate Version of this Bill:: S2722
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §3302, add §3306-a, Pub Health L; amd §220.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A6757, S1652
2021-2022: A6629, S1824
2023-2024: A4582, S2855

2017-A2970A (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-A2970A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2970--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on  Health -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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.
                                                            LBD06655-03-7

 A. 2970--A                          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.

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