Senate Bill S9852

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9852
 
                             I N  S E N A T E
 
                               April 8, 2026
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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  designated  or
   rescheduled drugs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of section 3306 of the public  health
 law,  as added by chapter 664 of the laws of 1985, is amended to read as
 follows:
   There are hereby established five schedules of controlled  substances,
 to  be known as schedules I, II, III, IV and V respectively. Such sched-
 ules shall consist of the following substances by whatever name or chem-
 ical designation known, EXCEPT AS PROVIDED IN SUBDIVISION SIX OF SECTION
 THREE THOUSAND THREE HUNDRED SEVEN OF THIS TITLE:
   § 2. Subdivision 5 of section  3307  of  the  public  health  law,  as
 amended  by  chapter  777  of  the  laws  of 2022, is amended to read as
 follows:
   5. The commissioner  shall  by  regulation  or  emergency  regulation,
 reclassify any compound, mixture or preparation containing any substance
 listed in Schedule I of section three thousand three hundred six of this
 title  as  a Schedule II, III, IV or V substance, or exempt it from this
 article, if that same compound, mixture or preparation  is  redesignated
 or  rescheduled other than under Schedule I under the federal Controlled
 Substances Act, or deleted as a controlled substance under  the  federal
 Controlled  Substances Act. If the commissioner acts under this subdivi-
 sion and does not exempt the compound, mixture or preparation from  this
 article,  [he or she] THE COMMISSIONER may only reclassify it to a newly
 created subdivision in the same numbered schedule or a  higher  numbered
 schedule  than  to  which  it  is  redesignated or rescheduled under the
 federal act. THIS SUBDIVISION SHALL NOT APPLY TO COMPOUNDS, MIXTURES, OR
 PREPARATIONS DESCRIBED IN SUBDIVISION SIX OF THIS SECTION.
   § 3. Subdivision 6 of section 3307 of the public health law, as renum-
 bered by chapter 164 of the laws of 2018, is  renumbered  subdivision  7
 and a new subdivision 6 is added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15327-01-6
 S. 9852                             2
 
   6.  NOTWITHSTANDING SUBDIVISION FIVE OF THIS SECTION, IF ANY COMPOUND,
 MIXTURE OR PREPARATION CONTAINING ANY SUBSTANCE LISTED IN SCHEDULE I  OF
 SECTION  THREE  THOUSAND  THREE HUNDRED SIX OF THIS TITLE IS APPROVED BY
 THE FEDERAL FOOD AND DRUG ADMINISTRATION AND IS DESIGNATED  OR  RESCHED-
 ULED  BY THE FEDERAL DRUG ENFORCEMENT ADMINISTRATION IN A SCHEDULE OTHER
 THAN SCHEDULE I PURSUANT TO 21 U.S.C. § 812 AND   21 C.F.R.  PART  1308,
 SUCH COMPOUND, MIXTURE OR PREPARATION SHALL, AS OF THE EFFECTIVE DATE OF
 SUCH  FEDERAL  DESIGNATION  OR  RESCHEDULING,  BE DEEMED SCHEDULED UNDER
 SECTION THREE THOUSAND THREE HUNDRED SIX OF THIS TITLE IN THE SAME SCHE-
 DULE THAT THE COMPOUND, MIXTURE OR PREPARATION IS  SCHEDULED  UNDER  THE
 FEDERAL SCHEDULES OF CONTROLLED SUBSTANCES, WITHOUT THE NEED FOR FURTHER
 ACTION BY THE COMMISSIONER.
   § 4. This act shall take effect immediately.