Designates certain substances as schedule I opiates controlled substances

6 Co-sponsors

• Fredrick J. Akshar II
• George Amedore
• Kathleen A. Marchione
• Terrence P. Murphy
• Thomas F. O'Mara
• Robert Ortt

Title of bill

An act to amend the public health law, in relation to designating certain substances as schedule I opiates; and to amend the penal law, in relation to the sale of preparations, compounds mixtures and substances containing heroin and an opiate

Purpose

This bill adds new derivates of fentanyl to the controlled substance schedule and increases criminal penalties for the sale of an opiate containing a fentanyl derivative.

Summary of specific provisions

Section one of the bill adds three new fentanyl derivatives to Schedule I, bringing New York's schedule in line with the current Federal Schedule.

Section two of the bill adds a new subdivision to section 220.41 of the penal law, making it an A-II felony to knowingly and unlawfully sell one quarter once of fentanyl or more.

Section three of this bill adds a new subdivision to section 220.43 of the penal law, making it an A-I felony to knowingly and unlawfully sell one ounce of fentanyl or more.

Section four is the effective date.

Justification

Fentanyl is a strong pain medication, that when administered in a medical setting, is often combined with anesthesia to prevent surgery related pain. When improperly used, the effects of fentanyl can lead to serious or life threatening respiratory problems.

It has been reported that fentanyl has a similar euphoric effect to morphine and heroin. However, according to the New York Times, fentanyl is 100 times as powerful as morphine and much deadlier than heroine since it requires more naloxone (a drug used to reverse the effects of an opiate overdose).

The prevalence of fentanyl abuse has been on the rise. Due to the fact that fentanyl is cheaper than heroin, drug dealers have been mixing fentanyl with heroin in order to produce a cheaper product, which far too often results in a lethal combination.

In 2015, the Drug Enforcement Administration submitted a nationwide alert about fentanyl-laced herion and reported that the number of fentanyl-related cases increased from 942 in 2013, to 3,344 in 2014. The Onondoga County Health Department reported that one-third of heroin overdose deaths involved the presence of fentanyl. By adding additional fentanyl derivatives to the controlled substance schedule, and by increasing criminal penalties for the sale of opiates containing fentanyl, we can deter criminal behavior, and help save lives.

Prior legislative history

New Bill.

Fiscal implications

None to the State. EFFECTIVE DATE : This act shall take effect 90 days after enactment.