The New York State Senate

                    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.