senate Bill S1652A

2019-2020 Legislative Session

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

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Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 30, 2019 referred to health
delivered to assembly
passed senate
ordered to third reading cal.993
committee discharged and committed to rules
May 14, 2019 print number 1652a
May 14, 2019 amend (t) and recommit to health
Jan 15, 2019 referred to health

Co-Sponsors

S1652 - Details

See Assembly Version of this Bill:
A6757
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 2017-2018 Legislative Session:
S2722, A2970

S1652 - Summary

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

S1652 - Sponsor Memo

S1652 - Bill Text download pdf


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

                                  1652

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019
                               ___________

Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
  printed to be committed 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

view additional co-sponsors

S1652A (ACTIVE) - Details

See Assembly Version of this Bill:
A6757
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 2017-2018 Legislative Session:
S2722, A2970

S1652A (ACTIVE) - Summary

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

S1652A (ACTIVE) - Sponsor Memo

S1652A (ACTIVE) - Bill Text download pdf


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

                                 1652--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019
                               ___________

Introduced  by Sens. SKOUFIS, BIAGGI, BOYLE, MAYER, PARKER -- read twice
  and ordered printed, and when printed to be committed 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.
                                                           LBD06553-02-9

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