Bill Text: NY S01652 | 2019-2020 | General Assembly | Amended

New York Senate Bill 1652 (Prior Session Legislation)

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

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO HEALTH [S01652 Detail]

Download: New_York-2019-S01652-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         1652--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    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:

     1    Section 1.  Section 3302 of the public health law is amended by adding
     2  a new subdivision 44 to read as follows:
     3    44.  "Fentanyl  analogue" (a) means any substance that is structurally
     4  related to fentanyl by one or more of the following modifications:
     5    (i) replacement of the phenyl portion of the phenethyl  group  by  any
     6  monocycle, whether or not further substituted in or on the monocycle;
     7    (ii)  substation  in  or  on  the  phenethyl group with alkl, alkenyl,
     8  alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;
     9    (iii) substitution in or on the piperidine ring with  alkyl,  alkenyl,
    10  alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nito groups;
    11    (iv)  replacement  of  the  aniline  ring  with any aromatic monocycle
    12  whether or not further substituted in  or  on  the  aromatic  monocylce;
    13  and/or
    14    (v) replacement of the N-propionyl group by another acyl group.
    15    (b) such term shall not include:
    16    (i) fentanyl;
    17    (ii) any substance for which there is an approved new drug application
    18  by the Federal Food and Drug Administration (FDA); or
    19    (iii)  with  respect  to  a  particular  person,  any substance, if an
    20  exemption is in effect for  investigational  use  for  that  person,  as
    21  provided  by  21 U.S.C. § 355, to the extent conduct with respect to the
    22  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

        S. 1652--A                          2

     1    § 2.Subdivision (b) of schedule I of section 3306 of the public health
     2  law is amended by adding a new paragraph 58 to read as follows:
     3    58. Any fentanyl analogue.
     4    § 3. Section 220.00 of the penal law is amended by adding a new subdi-
     5  vision 21 to read as follows:
     6    21.  "Knowingly" when used in connection with an offense involving the
     7  possession or sale, or the attempt or conspiracy to possess  or  sell  a
     8  fentanyl analogue, shall not require knowledge by a person of the chemi-
     9  cal structure of the substance.
    10    § 4. This act shall take effect immediately.