What's happening
This bill classifies controlled substance analogues as illegal drugs and establishes penalties for their possession or sale in New York.
Why it matters
Closes "designer drug" loopholes. by making it illegal to sell or possess substances that are chemically similar to existing controlled substances, even if those specific compounds are not yet listed individually as illegal—helping law enforcement keep pace with new synthetic drugs.
Broadens criminal liability. by allowing prosecution even if a person doesn't know the exact chemical structure of the substance, as long as they knew (or should have known) it has similar effects to a banned drug—making it harder for sellers to claim ignorance as a defense.
Exempts legitimate uses. such as FDA-approved drugs or substances approved for investigational use, protecting pharmaceutical research and patients enrolled in clinical trials from unintended prosecution.
Potentially increases penalties and enforcement. against synthetic drugs (like "bath salts" or "K2/Spice") commonly marketed as legal highs, aiming to reduce public health risks associated with new, unregulated psychoactive substances.
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Who cares
Headline styles
Treat Drug Mimics as Illegal
Plain English, a few words. Used as the page title.
Sponsors
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1486
- Referred to health
- Returned to senate
- Died in assembly
- Referred to health
- Delivered to assembly
- Passed senateVote 59–0
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.387
- 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 Analogues as Illegal
In Assembly Committee · Health · Sponsor Michael Cusick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2722
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
Introduced by Sens. KLEIN, AMEDORE, GALLIVAN, KENNEDY, MURPHY, O'MARA, ORTT, SERINO, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health
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.
LBD07432-01-7
S. 2722 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.
Sponsor's memo
Title of bill
An act to amend the public health law and the penal law, in relation to controlled substance analogues
Purpose or general idea of bill
To ban the analog substances of scheduled controlled substances. This bill will give state drug and law enforcement agencies and individuals another tool to combat the quickly moving world of designer drugs.
Summary of specific provisions
Section 1 of the bill defines a controlled substance analogue as a substance that has a chemical structure, which is substantially similar to the chemical structure of a controlled substance and either has a stimulant, depressant or hallucinogenic effect on the central nervous system. Any substance that is represented or intended to have a stimulant, depressant or hallucinogenic effect on the central nervous system is also included in the definition.
Section 2 states that the term controlled substance analogue includes the controlled substance of which it is an analogue for purposes of state law.
Section 3 defines the mens rea element of "knowingly" under the penal law in relation to prosecution of controlled substance analogues.
Section 4 states that this Act shall take effect immediately.
Justification
Currently under New York State law, only a narrow selection of scheduled substances have analog protection. That is, manufacturers often only need to chemically "tweak" a drug to avoid scheduling. This creates a game of cat and mouse, with legislation and enforcement far slower to act than the manufacturers of designer drugs. On the federal level, the Drug Enforcement Agency is able to act on new, individual substances on a case-by-case basis through the use of the Federal Analog Act which schedules burgeoning substances "substantially similar to the chemical structure of a controlled substance in schedule or IL" This legislation creates a similar state law to ban the analogs of controlled substances.
Prior legislative history
Similar to: S.1640 of 2016 Passed Senate S.1640 of 2015 Passed Senate S.2447 of 2014 Passed Senate S.2447 of 2013 Passed Senate
Fiscal implications
None to the state
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.