What's happening
This bill defines and regulates "controlled substance analogues," treating them as the controlled substances they mimic for legal purposes.
Why it matters
Closes "designer drug" loopholes. By defining "controlled substance analogues"—substances chemically and functionally similar to existing controlled drugs—the bill targets new synthetic drugs designed to skirt current drug laws, allowing prosecution even if a substance isn't specifically listed.
Broadens prosecutorial reach. The law would allow authorities to treat analogues as if they are the controlled drugs they mimic, making it easier to charge individuals for possession, sale, or manufacture of these substances, and discouraging chemists from making only minor changes to drug structures to evade the law.
Lowers proof requirements for intent. Prosecutors would not need to prove that someone knew the exact chemical structure of a substance to establish "knowing" possession or sale. It's enough if a person knew or should have known the drug's effects are substantially similar to a banned substance, significantly reducing the burden on law enforcement in analog cases.
Contains safeguards for legitimate use. The bill excludes FDA-approved drugs and substances with authorized investigational use, aiming to avoid hindering pharmaceutical research or access to medications that have gone through regulatory channels.
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Who cares
Headline styles
Treat Drug Analogues as Illegal
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to health
- Print number 2970a
- Amend (t) and recommit to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Treat Drug Mimics as Illegal
In Senate Committee · Rules · Sponsor Jeffrey D. Klein
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2970--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. CUSICK -- read once and referred 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 controlled substance analogues
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3302 of the public health law is amended by adding a new subdivision 44 to read as follows:
44. "Controlled substance analogue" (a) means a substance, the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in schedule I or II of section thirty-three hundred six of this title, and which either:
(i) has a stimulant, depressant or hallucinogenic effect on the central nervous system that mimics or is similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance listed in schedule I or II of section thirty-three hundred six of this title; or
(ii) with respect to a particular person, is a substance that such person represents or intends to have a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance listed in schedule I or II of section thirty-three hundred six of this title.
(b) such term shall not include:
(i) a controlled substance;
(ii) any substance for which there is an approved new drug application by the Federal Food and Drug Administration (FDA); or
(iii) with respect to a particular person, any substance, if an exemption is in effect for investigational use for that person, as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06655-03-7
A. 2970--A 2
provided by 21 U.S.C. § 355, to the extent conduct with respect to the substance is pursuant to such exemption.
§ 2. The public health law is amended by adding a new section 3306-a to read as follows:
§ 3306-a. Controlled substance analogues. A controlled substance analogue shall be deemed to be, for all purposes, including all provisions of law, the controlled substance of which it is an analogue.
§ 3. Section 220.00 of the penal law is amended by adding a new subdivision 21 to read as follows:
21. "Knowingly" when used in connection with an offense involving the possession or sale, or the attempt or conspiracy to possess or sell a controlled substance analogue, shall not require knowledge by a person of the chemical structure of the substance, but rather, it is sufficient if:
(a) such person knew or should have known that the controlled substance analogue has a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance listed in schedule I or II of section thirty-three hundred six of the public health law; or
(b) such person represented or intended for the substance to have a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance listed in schedule I or II of section thirty-three hundred six of the public health law.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.