assembly Bill A6757A

2019-2020 Legislative Session

Provides that a fentanyl analogue shall be deemed to be a schedule I opiate

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Sponsored By

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 08, 2020 referred to health
Jun 05, 2019 print number 6757a
Jun 05, 2019 amend (t) and recommit to health
Mar 19, 2019 referred to health

Co-Sponsors

Multi-Sponsors

A6757 - Details

See Senate Version of this Bill:
S1652
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §3302, amd §3306, Pub Health L; amd §220.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2970, S2722
2021-2022: A6629, S1824
2023-2024: S2855

A6757 - Summary

Provides that a fentanyl analogue shall be deemed to be a schedule I opiate.

A6757 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6757

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2019
                               ___________

Introduced  by M. of A. CUSICK -- Multi-Sponsored by -- M. of A. BARCLAY
  -- read once and referred 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
PROVIDED  BY  21 U.S.C. § 355, TO THE EXTENT CONDUCT WITH RESPECT TO THE
SUBSTANCE IS PURSUANT TO SUCH EXEMPTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

Multi-Sponsors

A6757A (ACTIVE) - Details

See Senate Version of this Bill:
S1652
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §3302, amd §3306, Pub Health L; amd §220.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2970, S2722
2021-2022: A6629, S1824
2023-2024: S2855

A6757A (ACTIVE) - Summary

Provides that a fentanyl analogue shall be deemed to be a schedule I opiate.

A6757A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6757--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2019
                               ___________

Introduced  by  M. of A. CUSICK, JACOBSON -- Multi-Sponsored by -- M. of
  A. BARCLAY -- 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
  fentanyl 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. "FENTANYL ANALOGUE" (A) MEANS ANY SUBSTANCE THAT  IS  STRUCTURALLY
RELATED TO FENTANYL BY ONE OR MORE OF THE FOLLOWING MODIFICATIONS:
  (I)  REPLACEMENT  OF  THE PHENYL PORTION OF THE PHENETHYL GROUP BY ANY
MONOCYCLE, WHETHER OR NOT FURTHER SUBSTITUTED IN OR ON THE MONOCYCLE;
  (II) SUBSTATION IN OR ON  THE  PHENETHYL  GROUP  WITH  ALKL,  ALKENYL,
ALKOXYL, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
  (III)  SUBSTITUTION  IN OR ON THE PIPERIDINE RING WITH ALKYL, ALKENYL,
ALKOXYL, ESTER, ETHER, HYDROXYL, HALO, HALOALKYL, AMINO OR NITO GROUPS;
  (IV) REPLACEMENT OF THE  ANILINE  RING  WITH  ANY  AROMATIC  MONOCYCLE
WHETHER  OR  NOT  FURTHER  SUBSTITUTED  IN OR ON THE AROMATIC MONOCYLCE;
AND/OR
  (V) REPLACEMENT OF THE N-PROPIONYL GROUP BY ANOTHER ACYL GROUP.
  (B) SUCH TERM SHALL NOT INCLUDE:
  (I) FENTANYL;
  (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
PROVIDED BY 21 U.S.C. § 355, TO THE EXTENT CONDUCT WITH RESPECT  TO  THE
SUBSTANCE IS PURSUANT TO SUCH EXEMPTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06553-03-9