What's happening
This bill adds numerous new substances to New York's controlled substances schedules and updates state law to align with federal drug schedules.
Why it matters
Targets designer drugs and synthetic opioids. By adding specific substances like various fentanyl analogs (e.g., acetyl fentanyl, butyryl fentanyl, U-47700, W-18), synthetic cannabinoids (e.g., JWH-073, AM2201, UR-144), and other novel psychoactive compounds to Schedule I, the bill aims to address the evolving landscape of dangerous "designer drugs" that have contributed to overdose deaths and law enforcement challenges.
Automatic state scheduling for federally controlled substances. New language in multiple schedules (I, II, III, IV, and V) automatically incorporates any controlled substance added to the corresponding federal drug schedules (21 U.S.C. § 812) into New York law, unless already listed. This ensures state law keeps pace with federal updates, reducing gaps where new drugs could otherwise be temporarily legal at the state level.
Enhances public health response and law enforcement tools. By expanding the list of controlled substances and aligning with federal law, the bill increases the ability of health authorities and police to regulate, restrict, and prosecute the manufacture, sale, and possession of substances that pose a high risk of abuse, addiction, and overdose, especially as new compounds emerge.
Impacts research, prescribing, and penalties. The expanded schedules may restrict access to certain chemicals for scientific or medical research and may affect medical prescribing practices for substances now scheduled or rescheduled, with implications for both healthcare providers and patients. The bill also potentially increases criminal penalties for possession or distribution of the newly scheduled substances.
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Add Drugs to Controlled List
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7749
2017-2018 Regular Sessions
IN ASSEMBLY
May 11, 2017
Introduced by M. of A. GOTTFRIED -- (at request of the Department of Health) -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to adding substances to the schedules of controlled substances
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (b) of schedule I of section 3306 of the public health law is amended by adding nine new paragraphs 56, 57, 58, 59, 60, 61, 62, 63 and 64 to read as follows:
(56) 3,4-dichloro-N-{(1-dimethylamino)cyclohexylmethyl}benzamide. Some trade or other names: AH-7921.
(57) N-(1-phenethylpiperidin-4-yl)-N-phenlyacetamide (Acetyl Fentanyl).
(58) -(1-phenethylpiperidin-4-yl)-N-phenylbutyramide (Butyryl Fentanyl).
(59) N-{1-{2-hydroxy-2-(thiophen-2-yl)ethyl}piperidin-4-yl}- N-phenylpropionamide (Beta-Hydroxythiofentanyl).
(60) N-(1-phenethylpiperdin-4-yl)-N-phenylfuran-2-carboxamide (Furanyl Fentanyl).
(61) N-phenyl-N-{1-(2-phenylethyl)-4-piperidinyl}-pentanamide (Valeryl Fentanyl, Pentanoyl Fentanyl, Pentanyl Fentanyl).
(62) U-47700(3,4-dichloro-N-(2-(dimethylamino)cyclohexyl)-N-methyl-benzamide)yl.
(63) 4-chloro-N-{1-{2-(4-nitrophenyl)ethyl}-2-piperidinylidene}-benzenesulfonamide (W18).
(64) Any controlled substance listed in 21 U.S.C. § 812, Schedule I(a), that is not otherwise listed in this schedule.
§ 2. Subdivision (c) of schedule I of section 3306 of the public health law, is amended by adding a new paragraph 24 to read as follows:
(24) Any controlled substance listed in 21 U.S.C. § 812, Schedule I(b), that is not otherwise listed in this schedule.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10140-01-7
A. 7749 2
§ 3. Paragraph 11 of subdivision (d) of schedule I of section 3306 of the public health law, as added by chapter 664 of the laws of 1985, is amended to read as follows:
(11) [Ibogane] Ibogaine Some trade and other names: 7-ethyl-6, 6&, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5h-pyrido {1',2':1,2} azepino {5,4-b} indole: tabernanthe iboga.
§ 4. Subdivision (d) of schedule I of section 3306 of the public health law is amended by adding twenty-one new paragraphs 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 and 56 to read as follows:
(36) 5-methoxy-N,N-dimethyltryptamine.
(37) Alpha-methyltryptamine. Some trade or other names: AMT.
(38) 5-methoxy-N,N-diisopropyltryptamine. Some trade or other names: 5-MeO-DIPT.
(39) 5-(1,1-dimethylheptyl)-2-{(1R,3S)-3-hydroxycyclohexyl}-phenol. Some trade or other names: CP-47,497.
(40) 5-(1,1-dimethyloctyl)-2-{(1R,3S)-3-hydroxycyclohexyl}-phenol. Some trade or other names: cannabicyclohexanol or CP-47,497 C8-homolog.
(41) 1-butyl-3-(1-naphthoyl)indole. Some trade or other names: JWH-073.
(42) 1-hexyl-3-(1-naphthoyl)indole. Some trade or other names: JWH-019.
(43) 1-{2-(4-morpholinyl)ethyl}-3-(1-naphthoyl)indole. Some trade or other names: JWH-200.
(44) 1-pentyl-3-(2-methoxyphenylacetyl)indole. Some trade or other names: JWH-250.
(45) 1-pentyl-3-{1-(4-methoxynaphthoyl)}indole. Some trade or other names: JWH-081.
(46) 1-pentyl-3-(4-methyl-1-naphthoyl)indole. Some trade or other names: JWH-122.
(47) 1-pentyl-3-(4-chloro-1-naphthoyl)indole. Some trade or other names: JWH-398.
(48) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole. Some trade or other names: AM2201.
(49) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole. Some trade or other names: AM694.
(50) 1-pentyl-3-{(4-methoxy)-benzoyl}indole. Some trade or other names: SR-19 and RCS-4.
(51) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole. Some trade or other names: SR-18 and RCS-8.
(52) 1-pentyl-3-(2-chlorophenylacetyl)indole. Some trade or other names: JWH-203.
(53) (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl) methanone. Some trade or other names: UR-144.
(54) {1-(5-fluoro-pentyl)-1H-indol-3-yl}(2,2,3,3-tetramethylcyclopropyl) methanone. Some trade or other names: 5-fluoro-UR-144,XLR11.
(55) N-(1-adamantyl)-1-pently-1H-indazole-3-carboxamide. Some trade or other names: APINACA, AKB 48.
(56) Any controlled substance listed in 21 U.S.C. § 812, schedules I(c) or I(d), that is not otherwise listed in this schedule.
§ 5. Subdivision (e) of schedule I of section 3306 of the public health law is amended by adding a new paragraph 25 to read as follows:
(25) Any controlled substance listed in 21 U.S.C. § 812, Schedules III(b) or IV, that is not otherwise listed in this section.
A. 7749 3
§ 6. Subdivision (c) of schedule II of section 3306 of the public health law is amended by adding a new paragraph 29 to read as follows:
(29) Any controlled substance listed in 21 U.S.C. § 812 Schedules II, III(d) or V, that is not otherwise listed in this section.
§ 7. Subdivision (d) of schedule II of section 3306 of the public health law is amended by adding a new paragraph 6 to read as follows:
(6) Any controlled substance listed in 21 U.S.C. § 812, Schedule III(a), that is not otherwise listed in this section.
§ 8. Subdivision (h) of schedule II of section 3306 of the public health law is amended by adding two new paragraphs 64 and 65 to read as follows:
(64) Methasterone (2{alpha}17{alpha}-dimethyl-5{alpha}-androstan- 17{beta}-ol-3-one).
(65) Prostanozol (17{beta}-hydroxy-5{alpha}-androstano{3,2-c}pyrazole).
§ 9. Subdivision (c) of schedule III of section 3306 of the public health law, is amended by adding a new paragraph 15 to read as follows:
(15) Perampanel.
§ 10. Subdivision (c) of schedule IV of section 3306 of the public health law is amended by adding two new paragraphs 54 and 55 to read as follows:
(54) Alfaxalone.
(55) Suvorexant.
§ 11. Subdivision (f) of schedule IV of section 3306 of the public health law, as added by chapter 664 of the laws of 1985, paragraph 2 as added by chapter 457 of the laws of 2006 and paragraph 3 as added by section 14 of part C of chapter 447 of the laws of 2012, is amended to read as follows:
(f) Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts, isomers, and salts, of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible:
(1) Pentazocine.
(2) Butorphanol (including its optical isomers).
(3) Tramadol in any quantities.
(4) Lorcaserin.
(5) Eluxadoline.
§ 12. Subdivision (d) of schedule V of section 3306 of the public health law is amended by adding a new paragraph 4 to read as follows:
(4) Brivaracetam.
§ 13. This act shall take effect on the ninetieth day after it shall have become a law.
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