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
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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,
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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.
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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.