Relates to adding controlled substance analogues to the definition of controlled substances

Title of bill

An act to amend the penal law, in relation to adding controlled substance analogues to the definition of controlled substances and to define the term knowingly, with respect to controlled substance offenses; and to amend the public health law, in relation to adding controlled substance analogues to the definition of controlled substances

Purpose or general idea of bill

This legislation essentially codifies the definition of controlled substance analogue, found under the federal Controlled Substances Act, within Article 33 of the Public Health law. Furthermore, the term controlled substance analogue would be added to the Penal law, in order to provide law enforcement with the tools necessary to stymie the continued use of these "designer drugs" which have had a deleterious effect on individuals and communities across New York State.

Summary of specific provisions

Section 1 establishes the definition of "knowingly" in relation to the possession or sale, or the attempt or conspiracy to possess or sell a controlled substance analogue, within Article 220 of the Penal law.

Section 2 amends pertinent provisions of the definitional section of Article 220 of the Penal law - which governs controlled substances offenses.

Section 3 of the bill amends the Public Health law to incorporate the definition of controlled substance analogues.

Section 4 establishes a new section under the Public Health law to require that a controlled substance analogue must be treated as the controlled substance for which it is an analogue.

Section 5 establishes the effective date.

Justification

By definition, a designer drug is a structural or functional analogue of a controlled substance that has been designed to mimic the pharmacological effects of the original drug.

These designer drugs have become a scourge on communities all across the State and have proven hazardous to the public safety. For example, the consumption of the designer drug, butyryl fentanyl (which is an analogue of fentanyl - a synthetic opioid analgesic estimated to be substantially more potent than heroin and about 80 times the potency of morphine), has caused at least 38 deaths in New York in 2015.

Importantly, designer drugs do not fall within the confines of existing state law due to the strict identification of drugs listed under the schedules of controlled substances.

It is incumbent that this legislation be enacted, so as to afford law enforcement officials with the necessary statutory authority to prevent the rising number of fatalities associated with the use of designer drugs such as butyryl fentanyl and others.

Prior legislative history

None

Fiscal implications

None

Effective date

First of November next succeeding the date in which it shall have become law.