What's happening
This bill adds several new synthetic opioids and federally scheduled substances to New York's controlled substances schedules.
Why it matters
Enhances state ability to rapidly address emerging synthetic drugs. By automatically scheduling any substances federally listed but not yet on New York’s own schedules, the law helps ensure state enforcement can keep pace with new, often dangerous, synthetic opioids and analogues as they appear.
Closes legal loopholes for novel drugs. The bill targets fentanyl analogues and other synthetic opioids that have been specifically engineered to evade existing drug laws, reducing the risk that traffickers or dealers can exploit gaps between state and federal controlled substance lists.
Strengthens law enforcement and prosecution tools. With more substances classified as controlled at the state level, prosecutors and police have clearer authority to investigate, arrest, and charge individuals involved with these substances, potentially deterring their distribution and use.
Potentially impacts medical, public health, and harm reduction efforts. Broader scheduling may affect research, medical use exceptions, and policies related to addiction treatment or overdose prevention, as more substances are placed under strict legal control.
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Add Drugs to Banned List
Plain English, a few words. Used as the page title.
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History
- 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.
Add New Drugs to Ban List
In Assembly Committee · Health · Sponsor Michael Cusick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8797
IN SENATE
May 18, 2018
Introduced by Sen. LANZA -- 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 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 10 new paragraphs 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67 to read as follows:
(58) N-(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) U-47700(3,4-dichloro-N-(2-(dimethylamino)cyclohexyl)-N-methyl-benzamide)yl.
(62) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (Acryl Fentanyl).
(63) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (4- Fluoroisobutyrylfentanyl).
(64) N-(2-fluorophenyl)-N-{1-(2-phenylethyl)-4-piperidinyl}propanamide (Ortho-fluorofentanyl).
(65) N-phenyl-N-{1-(2-phenylethyl)piperidin-4-yl}tetrahydrofuran-2- carboxamide (Tetrahydrofuran Fentanyl).
(66) 2-methoxy-N-phenyl-N-{1-(2-phenylethyl)piperidin-4-yl}acetamide (Methoxyacetyl Fentanyl).
(67) 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.
§ 3. Subdivision (d) of schedule I of section 3306 of the public health law is amended by adding a new paragraph 39 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15959-01-8
S. 8797 2
(39) Any controlled substance listed in 21 U.S.C. § 812, Schedules I(c) or I(d), that is not otherwise listed in this schedule.
§ 4. Subdivision (e) of schedule I of section 3306 of the public health law is amended by adding a new paragraph 7 to read as follows:
(7) Any controlled substance listed in 21 U.S.C. § 812, Schedules III(b) or IV, that is not otherwise listed in this schedule.
§ 5. 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 schedule.
§ 6. 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 schedule.
§ 7. This act shall take effect on the ninetieth day after 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 public health law, in relation to adding substances to the schedules of controlled substances
Purpose or general idea of bill
This bill adds nine types of Fentanyl to the New York State Controlled Substance list. It also allows for additional controlled substances that are listed in the Federal Schedule of Controlled Substances, but other- wise not listed in the New York State Public Health law to be added.
Summary of provisions
Section one amends subdivision (b) of schedule I of section 3306 of the public health law. It closes a loophole in state law by adding the following nine fentanyl analogs:
Read the full memo (740 words)
Butyryl fentanyl (N-(1-phenethylpiperidin-4-y1)-N-phenylbutyramide),
Beta-hydroxyfentanyl (N-(1-(2-hydroxy-2-phenethyl)-4-piperidiny1)- Nphe- nylpropanamide,
N-(1-phenethylpiperidin-4-y1)-N-phenylfuran-2-carboxamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: Furanyl fentanyl),
U-47700 (3,4-Dichloro-N- 2-(DIMETHYLAMINO)CYCLOHEXYL-N-methylbenzamide),
N-(1-phenethylpiperidin-4-y1)-N-phenylacrylamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other names: acryl fentanyl, acryloylfentanyl),
N-(4-fluoropheny1)-N-(1-phenethylpiperidin-4-yl)isobutyramide , its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other names: 4-f luoroisobutyryl fentanyl, para-fluoroisobutyryl fenta- nyl),
N-(2-fluoropheny1)-N-(1-phenethylpiperidin-4-yl)propionamide, its isom- ers, esters, ethers, salts and salts of isomers, esters and ethers (Other names: ortho-fluorofentanyl, 2- fluorofentanyl),
N-(1-phenethylpiperidin-4-y1)-N-phenyltetrahydrofuran-2-carboxamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: tetrahydrofuranyl fentanyl)
2-methoxy-N-(1-phenethylpiperidin-4-y1)-IV-phenylacetamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: methoxyacetyl fentanyl)
Section one also specifies that any controlled substance listed in Federal law 21 U.S.C. Section 812, Schedule I(a), that is not otherwise listed in the New York State Schedule is also prohibited.
Section two amends subdivision (c) of Schedule I of section 3306 of the public health law, providing that any controlled substance listed in
Federal law 21 U.S.C. Section 812, Schedule 1(b), that is not otherwise listed in the New York State Schedule is also prohibited.
Section three amends subdivision (d) of Schedule I of section 3306 of the public health law, providing that any controlled substance listed in Federal law 21 U.S.C. Section 812, Schedule I(c) or I(d), that is not otherwise listed in the New York State Schedule is also prohibited.
Section four amends subdivision (e) of Schedule I of section 3306 of the public health law, providing that any controlled substance listed in Federal law 21 U.S.C. Section 812, Schedule III(b) or IV, that is not otherwise listed in the New York State Schedule is also prohibited.
Section five amends subdivision (c) of Schedule II of section 3306 of the public health law, providing that any controlled substance listed in Federal law 21 U.S.C. Section 812, Schedule II, III(d) or V, that is not otherwise listed in the New York State Schedule is also prohibited.
Section six amends subdivision (d) of Schedule I of section 3306 of the public health law, providing that any controlled substance listed in Federal law 21 U.S.C. Section 812, Schedule III(a), that is not other- wise listed in the New York State Schedule is also prohibited.
Section seven provides the effective date.
Justification
This bill would add nine types of Fentanyl to the New York State controlled Substance list, enabling Law Enforcement to further crack down on dealers and combat emerging new drugs. Just in Staten Island alone, overdose deaths involving opioids increased 42 percent between 2015 and 2016. However, fentanyl-related deaths increased at a much higher rate - more than 700 percent - from seven in to 2015 to 58 in 2016. Statewide, the number of overdose deaths involving opioids increased nearly 25 percent from 2015 to 2016, while fentanyl-related deaths increased by nearly 160 percent. In 2017, 40% of overdose deaths in New York City were the result of fentanyl analogues. Fentanyl analogs can vary in potency, but can be 100 times stronger than morphine. Heroin and cocaine containing deadly concentrations of the synthetic opioid fentanyl has been increasingly present in communities throughout New York State. This new legislation seeks to further combat the fentanyl crisis and mend the loophole in state law by adding nine fentanyl analogs to the law and giving the New York State Health commis- sioner the authority to add any new drugs that have been added to the federal schedule, to the state controlled substances schedule.
Prior legislative history
This is a new bill.
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.