NY State Senate Bill 2019-S6140

Senate Bill S6140

2019-2020 Legislative Session

Adds fentanyl-related substances to the controlled substances list

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
May 17, 2019	referred to health

co-Sponsors

2019-S6140 (ACTIVE) - Details

See Assembly Version of this Bill:: A8217
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3306, Pub Health L

2019-S6140 (ACTIVE) - Summary

Adds fentanyl-related substances to the controlled substances list.

2019-S6140 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6140

SPONSOR: THOMAS
 
TITLE OF BILL:  An act to amend the public health law, in relation to
adding substances to the schedules of controlled substances

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to add new substances to the controlled
substance bill.

 
SUMMARY OF PROVISIONS:

Subdivision (b) of schedule I of section 3306 of the public health law
is amended by adding a new paragraph 58 to define "fentanyl-related
substances" to mean any substance related to fentanyl by certain speci-
fied chemical modifications.

 
JUSTIFICATION:

For nearly a decade, New York State and the rest of the United States
have been experiencing an unprecedented epidemic in the abuse of legal
and illegal opioid drugs, resulting in the addiction of millions of
people and the overdose deaths of hundreds and thousands.  Fentanyl, a
prescription opioid painkiller that is a controlled substance in the
State of New York, is responsible for some of those overdose deaths. As
are many substances known as fentanyl "analogues", drugs that have been
designed to mimic the pharmacological effects of fentanyl, but that are
not controlled substances in the State of New York because they are not
listed on the appropriate schedules that classify controlled substances
in Public Health Law Section 336.

The ability of law enforcement officers in New York State to investigate
and prosecute sellers of deadly opioid drugs is hampered by the gap in
the law that results in some fentanyl analogues not being classified as
controlled substances. The State legislature has not acted to add those
analogues to the appropriate Public Health Law schedules.

If New York State classified controlled substances as any substances
that meet the above federal definition of "fentanyl-related substance",
the aforementioned gap in the law with regard to fentanyl analogues
would largely be closed, and law enforcement would be able to investi-
gate and prosecute sellers of currently-legal fentanyl analogues that
are responsible for many of the overdose deaths.

 
PRIOR LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S6140 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6140
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2019
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to adding  substances
   to the schedules of controlled substances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (b) of schedule I of section 3306 of the public
 health law is amended by adding a new paragraph 58 to read as follows:
   (58) FENTANYL-RELATED SUBSTANCES, THEIR ISOMERS, ESTERS, ETHERS, SALTS
 AND SALTS OF ISOMERS, ESTERS AND ETHERS. FOR THE PURPOSES OF THIS  PARA-
 GRAPH,  FENTANYL-RELATED  SUBSTANCE  MEANS  ANY  SUBSTANCE  FOR WHICH NO
 EXEMPTION OR APPROVAL IS IN EFFECT UNDER  SECTION  505  OF  THE  FEDERAL
 FOOD,  DRUG,  AND  COSMETIC  ACT  (21  U.S.C. 355), THAT IS STRUCTURALLY
 RELATED TO FENTANYL BY ONE OR MORE OF THE FOLLOWING MODIFICATIONS:
   (A) REPLACEMENT OF THE PHENYL PORTION OF THE PHENETHYL  GROUP  BY  ANY
 MONOCYCLE, WHETHER OR NOT FURTHER SUBSTITUTED IN OR ON THE MONOCYCLE;
   (B)  SUBSTITUTION  IN  OR  ON THE PHENETHYL GROUP WITH ALKYL, ALKENYL,
 ALKOXYL, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
   (C) SUBSTITUTION IN OR ON THE PIPERIDINE  RING  WITH  ALKYL,  ALKENYL,
 ALKOXYL, ESTER, ETHER, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
   (D) REPLACEMENT OF THE ANILINE RING WITH ANY AROMATIC MONOCYCLE WHETH-
 ER OR NOT FURTHER SUBSTITUTED IN OR ON THE AROMATIC MONOCYLE; AND/OR
   (E) REPLACEMENT OF THE N-PROPIONYL GROUP BY ANOTHER ACYL GROUP.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11376-02-9

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Senate Bill S6140

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Sponsored By

Kevin Thomas