What's happening
This bill classifies fentanyl analogues as controlled substances and establishes penalties for their possession or sale, regardless of user knowledge of their chemical structure.
Why it matters
Broadly expands legal definition of "fentanyl analogue". to include a wide range of chemical modifications, making it easier for law enforcement to prosecute cases involving new or slightly altered synthetic opioids that mimic fentanyl, even if they are not specifically named in existing law.
Closes potential legal loopholes. by ensuring that people can be charged for possessing or selling fentanyl analogues even if they did not specifically know the chemical structure of the substance, reducing the burden on prosecutors to prove intent regarding the precise makeup of the drug.
Exempts legitimate medical and research uses. by specifically carving out substances approved by the FDA or those being used in authorized clinical trials, thus protecting pharmaceutical innovation and medical research from unintended criminal liability.
Responds to the evolving opioid crisis. by proactively addressing the practice of creating new, unregulated synthetic opioids to evade existing drug laws, aiming to stem the proliferation of dangerous substances that contribute to overdoses and public health risks.
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Who cares
Police and prosecutors
The bill would classify defined fentanyl analogues as Schedule I opiates and would not require proof that a person knew the substance’s chemical structure in possession or sale cases, including attempts and conspiracies.
People accused of fentanyl analogue offenses and defense attorneys
The bill would make knowledge of a substance’s chemical structure unnecessary to establish the knowledge element of covered offenses.
Drug developers and researchers
The bill would exclude FDA-approved drugs from its fentanyl analogue definition and exempt substances used by a person in accordance with an applicable federal investigational-use exemption.
Headline styles
Classify Fentanyl Analogues Schedule I
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
1 Multi-sponsor
History
- Referred to health
- Print number 6757a
- Amend (t) and recommit to health
- 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 Fentanyl Analogues as Opiates
In Senate Committee · Health · Sponsor James Skoufis
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6757--A
2019-2020 Regular Sessions
IN ASSEMBLY
March 19, 2019
Introduced by M. of A. CUSICK, JACOBSON -- Multi-Sponsored by -- M. of A. BARCLAY -- read once and referred to the Committee on Health -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law and the penal law, in relation to fentanyl 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. "Fentanyl analogue" (a) means any substance that is structurally related to fentanyl by one or more of the following modifications:
(i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
(ii) substation in or on the phenethyl group with alkl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;
(iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nito groups;
(iv) replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocylce; and/or
(v) replacement of the N-propionyl group by another acyl group.
(b) such term shall not include:
(i) fentanyl;
(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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06553-03-9
A. 6757--A 2
§ 2.Subdivision (b) of schedule I of section 3306 of the public health law is amended by adding a new paragraph 58 to read as follows:
58. Any fentanyl 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 fentanyl analogue, shall not require knowledge by a person of the chemical structure of the substance.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.