What's happening
This bill adds fentanyl analogues to controlled substances and clarifies that knowledge of their chemical structure is not required for prosecution.
Why it matters
Expands the scope of controlled substances. By broadly defining "fentanyl analogue" to include any substance structurally related to fentanyl (with specific chemical modifications), the bill targets a wide range of synthetic opioids that criminals may create to evade existing drug laws.
Closes legal loopholes for prosecution. The bill explicitly states that prosecutors do not need to prove a defendant knew the exact chemical structure of a fentanyl analogue, making it easier to hold traffickers and dealers accountable even if they claim ignorance of a drug's precise composition.
Limits impact on legitimate research and medicine. The bill exempts FDA-approved drugs and substances used under authorized medical research, aiming to focus enforcement on illegal drug activity without hindering medical innovation or patient access to approved treatments.
Addresses public health and safety concerns. By rapidly scheduling new fentanyl-like substances as controlled, the legislation seeks to combat the ongoing opioid overdose crisis, as fentanyl analogues have been linked to a surge in accidental deaths.
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Who cares
Headline styles
Treat Fentanyl Analogues as Opiates
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
History
- Referred to health
- Returned to senate
- Died in assembly
- Referred to health
- Delivered to assembly
- Passed senateVote 58–0
- Ordered to third reading cal.993
- Committee discharged and committed to rules
- Print number 1652a
- 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.
Classify Fentanyl Analogues Schedule I
In Assembly Committee · Health · Sponsor Michael Cusick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1652--A
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sens. SKOUFIS, BIAGGI, BOYLE, MAYER, PARKER -- read twice and ordered printed, and when printed to be committed 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.
LBD06553-02-9
S. 1652--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.
Sponsor's memo
Title of bill
An act to amend the public health law and the penal law, in relation to fentanyl analogues
Purpose
To define fentanyl analogues and make them subject to section 3306 of the public health law to aid in criminal prosecution of individuals who sell fentanyl analogues
Summary of provisions
Section 1: Amends Section 3302 of the public health law to add a defi- nition of "fentanyl analogue"
Section 2: Adds a new section to the public health law regarding fenta- nyl analogues
Section 3: Amends Section 220.00 of the penal law to clarify that for offenses involving the possession or sale of a fentanyl analogue, an individual can commit a crime "knowingly" even if he or she does not have knowledge of the exact chemical structure of the fentanyl analogue.
Section 4: Effective Date.
Justification
Synthetic fentanyl-like drugs that mimic the effects of fentanyl but have different chemical structures are increasingly being sold to indi- viduals in New York State. These synthetic fentanyl analogues often have medical effects that are similar to or greater than fentanyl, but are not adequately regulated by existing state law. This bill addresses these deficiencies and gives prosecutors stronger ability to prosecute those who threaten the health and well-being of New Yorkers.
Legislative history
None.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.