The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6629
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2021
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Health
 
 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)  SUBSTITUTION  IN  OR ON THE PHENETHYL GROUP WITH ALKYL, 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 NITRO GROUPS;
   (IV)  REPLACEMENT  OF  THE  ANILINE  RING  WITH ANY AROMATIC MONOCYCLE
 WHETHER OR NOT FURTHER SUBSTITUTED IN  OR  ON  THE  AROMATIC  MONOCYCLE;
 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.
   § 2.Subdivision (b) of schedule I of section 3306 of the public health
 law is amended by adding a new paragraph 71 to read as follows:
   (71) ANY FENTANYL ANALOGUE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05667-01-1

 A. 6629                             2
 
   § 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
 FENTANYL ANALOGUE, SHALL NOT REQUIRE KNOWLEDGE BY A PERSON OF THE CHEMI-
 CAL STRUCTURE OF THE SUBSTANCE.
   § 4. This act shall take effect immediately.