What's happening
This bill expands the definition of controlled substances to include controlled substance analogues and clarifies the legal standard for "knowingly" possessing or selling them.
Why it matters
Expands prosecution tools against “designer drugs”. By including "controlled substance analogues" (chemically similar substances that mimic the effects of existing controlled drugs) in the legal definition, the bill allows law enforcement to more easily target new synthetic drugs that are not yet specifically named in current drug schedules.
Lowers the bar for proving criminal intent. The bill clarifies that a person can be found to “knowingly” possess or sell a controlled substance analogue even if they don't know the exact chemical structure—it's enough if they knew, should have known, or intended the substance to have similar effects to illegal drugs. This could make convictions easier for prosecutors.
Aligns New York law with federal and other state approaches. The definition and treatment of analogues mirrors federal law and laws in other states, aiming to close legal loopholes that allow manufacturers and sellers to avoid prosecution by making minor tweaks to chemical formulas.
Potential for broader enforcement and increased penalties. Treating analogues as equivalent to their scheduled counterparts means harsher penalties could apply to a wider range of substances, affecting both sellers and users, and raising concerns about fair notice and potential overcriminalization.
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Who cares
Headline styles
Ban Designer Drug Loopholes
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4527
2017-2018 Regular Sessions
IN SENATE
February 16, 2017
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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 the offenses involving the possession or sale, or the attempt or conspiracy to possess or sell a controlled substance analogue, shall not require knowledge by the defendant of the chemical structure of the substance, but rather, it is sufficient if:
(a) the defendant knew or should have known that the substance 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 in schedule I or II of section thirty-three hundred six of the public health law; or
(b) the defendant 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 in schedule I or II of section thirty-three hundred six of the public health law.
§ 2. Subdivisions 5, 7, 8, 9, 10, 11, 12 and 13 of section 220.00 of the penal law, subdivision 5 as amended by chapter 537 of the laws of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10090-01-7
S. 4527 2
1998, subdivisions 7, 9, 10, 11, 12 and 13 as amended by chapter 664 of the laws of 1985, and subdivision 8 as amended by section 18 of part C of chapter 447 of the laws of 2012, are amended to read as follows:
5. "Controlled substance" means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law, and any controlled substance analogue for such controlled substance as defined in subdivision forty-four of section thirty-three hundred two of the public health law, other than marihuana, but including concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of such law.
7. "Narcotic drug" means any controlled substance listed in schedule I(b), I(c), II(b) or II(c) other than methadone, and any controlled substance analogue for such controlled substance as defined in subdivision forty-four of section thirty-three hundred two of the public health law.
8. "Narcotic preparation" means any controlled substance listed in schedule II(b-1), III(d) or III(e), and any controlled substance analogue for such controlled substance as defined in subdivision fortyfour of section thirty-three hundred two of the public health law.
9. "Hallucinogen" means any controlled substance listed in schedule I(d) (5), (18), (19), (20), (21) and (22), and any controlled substance analogue for such controlled substance as defined in subdivision fortyfour of section thirty-three hundred two of the public health law.
10. "Hallucinogenic substance" means any controlled substance listed in schedule I(d) other than concentrated cannabis, lysergic acid diethylamide, or an hallucinogen, and any controlled substance analogue for such controlled substance as defined in subdivision forty-four of section thirty-three hundred two of the public health law.
11. "Stimulant" means any controlled substance listed in schedule I(f),II(d), and any controlled substance analogue for such controlled substance as defined in subdivision forty-four of section thirty-three hundred two of the public health law.
12. "Dangerous depressant" means any controlled substance listed in schedule I(e)(2), (3), II(e), III(c)(3) or IV(c)(2), (31), (32), (40), and any controlled substance analogue for such controlled substance as defined in subdivision forty-four of section thirty-three hundred two of the public health law.
13. "Depressant" means any controlled substance listed in schedule IV(c) except (c)(2), (31), (32), (40), and any controlled substance analogue for such controlled substance as defined in subdivision fortyfour of section thirty-three hundred two of the public health law.
§ 3. Section 3302 of the public health law is amended by adding a new subdivision 44 to read as follows:
44. "Controlled substance analogue" means:
(a) Except as provided in paragraph (b), the term "controlled substance analogue" means a substance, the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II of section thirty-three hundred six of the public health law, 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 in schedule I or II of section thirtythree 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 hallu-
S. 4527 3
cinogenic 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 in schedule I or II of section thirty-three hundred six of this title.
(b) Such term shall not include:
(i) a controlled substance; or
(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 provided by 21 U.S.C. § 355, to the extent conduct with respect to the substance is pursuant to such exemption.
§ 4. 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, as defined in section thirty-three hundred two of this title, shall be treated for the purposes of any New York law, including the penal law, as the controlled substance of which it is an analogue.
§ 5. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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, 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
S8190 of 2016: referred to rules FISCAL IMPLICATIONS :
None
Effective date
First of November next succeeding the date in which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.