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.
              

                                                            LBD06553-01-9

 A. 6757                             2
 
   § 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.