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

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Actions

view actions (4)
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

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: S2855

A2970 - Summary

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

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

Multi-Sponsors

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: S2855

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.

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