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S816Senate2017-2018 SessionSame asA1959

Ban Alpha-PVP Drug

Official title

“Designates alpha-PVP, its salts, optical isomers and salts of optical isomers, as schedule I stimulant controlled substances”

Sponsor Rich FunkeSD-55+11 co-sponsorsAffects Health
Status
In Assembly Committee
Health
Impact
3/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Health

What's happening

This bill adds alpha-PVP to New York’s list of Schedule I controlled stimulant substances.

Why it matters

  1. Classifying alpha-PVP (also known as "flakka" or "bath salts") as a Schedule I substance means it is considered to have a high potential for abuse and no accepted medical use, placing it in the same category as drugs like heroin and LSD. This makes its manufacture, distribution, and possession illegal under state law.

  2. This change would give law enforcement and prosecutors stronger legal tools to address the distribution and sale of alpha-PVP, potentially leading to harsher penalties for those caught with or selling it. This could act as a deterrent and impact how related cases are handled in the criminal justice system.

  3. Adding alpha-PVP to the state’s controlled substance list reflects concern over its public health risks, including its association with dangerous behavior, acute toxicity, and severe psychological effects. The amendment aims to address emerging synthetic drugs that have caused significant harm in other states and communities.

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Who cares

Headline styles

Ban Alpha-PVP Drug

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rich Funke

Senator · Senate District 55

Chair, Cultural Affairs, Tourism, Parks And Recreation

History

  1. Referred to health
  2. Delivered to assembly
  3. Passed senateVote 63–0
  4. Ordered to third reading cal.859
  5. Committee discharged and committed to rules
  6. Referred to health
  7. Returned to senate
  8. Died in assembly
  9. Referred to health
  10. Delivered to assembly
  11. Passed senateVote 58–1
  12. Advanced to third reading
Show 3 earlier actions
  1. 2nd report cal.
  2. 1st report cal.382
  3. 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.

A1959Assembly

Ban Alpha-PVP Drug

In Assembly Committee · Health · Sponsor Harry B. Bronson

Impact 3 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

816

2017-2018 Regular Sessions

IN SENATE

January 5, 2017

Introduced by Sens. FUNKE, GALLIVAN, KENNEDY, MARCHIONE, MURPHY, RITCHIE, SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to designating alpha-PVP as a schedule I stimulant controlled substance

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision (f) of schedule I of section 3306 of the public health law is amended by adding a new paragraph 25 to read as follows:

(25) Alpha-PVP, its salts, optical isomers and salts of optical isomers.

§ 2. This act shall take effect on the ninetieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04223-01-7

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, in relation to designating alpha-PVP as a schedule I stimulant controlled substance

Purpose or general idea of bill

To prohibit the sale or distribution of any product containing alpha-PVP, also known as Flakka, also known as gravel

Summary of specific provisions

Section one subdivision (f) of schedule I of section 3306 of the public health law is amended by adding a new paragraph 25

Section two sets forth the effective date

Justification

Many recent news reports have brought to light the use of a new drug similar to bath salts and methamphetamine called Flakka or Gravel. It is one of the newer chemicals in the synthetic or designer drug category, made from a compound called alpha-PVP, a chemical cousin of cathinone, the amphetamine-like drug found in bath salts. People who use these drugs experience powerful reactions and often violent behavior. Side effects can include: nausea, vomiting, paranoia, hallucinations, delusions, suicidal thoughts, seizures, chest pains, and increased blood pressure and heart rate.

In July 2011, S3322B/Chapter 130 banned the sale or distribution of any product containing Mephedrone and MDPV which were marketed as "bath salts." While this criminalized the sale of "bath salt" products containing Mephedrone and MDPV, a practice of making minor alterations to chemicals to subvert statutes that prohibit distinct chemicals made it possible for slightly altered products to continue to be sold in New York state. In September 2013, a new law S3469A/Chapter 341 was signed adding more chemical compounds - the type of compounds used to make these bath salt drugs - to the state's banned substances list. The law imposes criminal penalties on those who sell, use and/or possess these drugs, and also Makes it a felony to sell the substances to a minor or on school grounds.

Drug makers and suppliers have a practice of making minor alterations to chemicals to subvert statutes that prohibit distinct chemicals, making it possible for slightly altered products to continue to be sold in New York state unless new legislation is passed adding the compound to the illegal substance schedules. Flakka, also known around the country as "gravel" can be snorted, smoke, injected or swallowed, or can be combined with other drugs, such as marijuana. Like cocaine and meth, Flakka comes with a comedown, often resulting in users returning to the drug to get rid of the negative comedown feeling, jump-starting a cycle of use that can lead to abuse. It may alter brain chemistry in a way that makes users require a larger and larger dose to get the same high. At high doses, Flakka may also cause the body to reach high temperatures which may lead to severe physical complications like kidney damage and muscle breakdown.

Excessive use of this drug has been linked with feelings of extreme anxiety, paranoia, and hallucinations. Most recently in Florida, there has been an instance of a man high on Flakka kicking in a door at a police station while in a separate instance a man impaled himself on a police fence when he tried to scale it. Since suppliers continue to create more drugs with slightly different properties to skirt the

definition of what is illegal, New York State needs to add Flakka or Gravel to the illegal substances schedules.

Prior legislative history

S.4743/A.7336 of 2015-2016; Passed Senate

Fiscal implications

None

Effective date

This act shall take effect on the ninetieth day after 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.