Designates additional substances as schedule I hallucinogenic or stimulant controlled substances

2 Co-sponsors

• Timothy M. Kennedy
• David J. Valesky

BILL NUMBER:S2441A

Title of bill

An act to amend the public health law, in relation to designating certain additional substances as schedule I hallucinogenic or stimulant controlled substances

Purpose or general idea of bill

This bill furthers the fight against designer drug proliferation in our communities across the state. It highlights and combats the problem of drugs being sold under the guise of "research chemicals" and are often labeled "not for human consumption" to avoid potential federal prosecution. However, these substances remain dangerous and are sold as legal highs. This bill schedules many of these substances.

Summary of specific provisions

This bill amends Public Health Law Section 3306 to add certain designer drugs currently being marketed as various "research chemicals" to schedule I. "Research Chemicals" is clearly a misnomer as none of these substances have any legitimate purpose and instead are dangerous Hallucinogens and Stimulants.

Section 1 adds the following substances to subdivision (d) Hallucinogenic Substances: 2-(4-bromo-2,3,6,7-tetrahydrofuro(2,3-f) (1)benzofuran-8-y1)ethanamine (2C-B-FLY); 2-(4-bromo-2,3,6,7-tetrahydrofuro(2,3-f)benzofuran- 8-y1)-1-methyl-ethy1)amine (3C-B-FLY); 2-(4-bromofuro(2,3-f)benzofuran-8-y1)- 1-methyl-ethy1)amine (Bromo-DragonFLY); 2-(3-methoxypheny1)-2- (ethylamino)cyclohexanone (methoxetamine); 2-(2,5-Dimethoxy-4- ethylpheny1)ethanamine (2C-E); 2-(2,5-Dimethoxy-4-methylpheny1)ethanamine (2C-D); 2-(4-Chloro-2,5-dimethoxypheny1)ethanamine (2C-C); 5-Methoxy-N,N-diallyltryptamine (5-MeO-DALT); 5-Methoxy-N,N-diisopropytryptamine (5-MeODIPT); 3-Methoxyeticyclidine (3-MeO-PCE); and 4-Methoxyphencyclidine (4-MeOPCPi methoxydine)

Section 2 adds five substances to subdivision (f) Stimulants: 6,7-dihydro-5Hcyclopenta(f) (1,3)benzodioxol-6-amine or 5,6-Methylenedioxy-2-aminoindane (MDAI); 5-iodo-2,3-dihydro-1H-inden-2-amine (5-IAI);6-(2-aminopropy1)benzofuran or 1-benzofuran-6-ylpropan-2-amine (6-APB or Benfamine); 2,3-dihydro-1H-inden-2-amine(2-AI); and 2-(Diphenylmethy1)pyrrolidine (2-diphenylmethylpyrrolidine, desoxy-D2PM).

This bill was amended in 2014 to renumber the five new paragraphs since laws were enacted in 2013 which necessitated the renumbering of paragraphs.

Justification

Many designer drugs are making it into communities around the country and in New York. Many of the substances are shipped into the United States from Europe, where they have already been banned. Through the internet, drug users have been able to share knowledge of up and coming drugs and how to market them legally in the United States.

In just the past two years, authorities in this country have had to deal with designer drugs being marketed as legal replacements for

marijuana or drugs being marketed as "bath salts" in an attempt to skirt the law. Even as authorities take steps to crack down on these substances, new drugs are reaching our shores and have started killing young people. These drugs are being marketed as "research chemicals" as a way to avoid the attention of law-enforcement. However, they come in colorful and appealing packages with names like "Charly Sheen" and "Pink Panther."

Scheduling these substances will make the now-legal products illegal, as they should be. Combined with the timely Executive ban of many synthetic cannabinoids, this legislation will put New York back ahead of the fight against harmful drugs.

Prior legislative history

2012 - S.7009 - Referred to Health

Fiscal implications

None to the State.

Effective date

This act shall take effect on the 180th day after it shall have become law.