What's happening
This bill adds seven new synthetic opioids, including various fentanyl analogs and U-47700, to New York's Schedule I controlled substances list.
Why it matters
Expands law enforcement tools. By specifically naming these seven synthetic opioids as Schedule I substances, the bill gives police and prosecutors clearer authority to charge individuals for possession, sale, or manufacturing of these drugs, closing legal loopholes that previously made prosecution more difficult.
Responds to evolving drug trends. The inclusion of newly emerging fentanyl analogs and U-47700 reflects an adaptive approach to the opioid crisis, as illicit chemists often modify chemical structures to skirt existing drug laws.
Potential public health impacts. Scheduling these substances as the most strictly regulated (Schedule I) highlights their high risk for abuse and lack of accepted medical use, which may help curb their availability and send a deterrent message, though it may also complicate research into their effects or potential treatments for overdose.
Aligns with federal and other states’ actions. By mirroring similar scheduling decisions at the federal level and in other states, New York aims to maintain consistency in drug policy, facilitating interstate law enforcement cooperation and reducing the risk of these drugs being trafficked into the state due to laxer local laws.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Add Drugs to Controlled List
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Print number 3416a
- Amend 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.
Add New Synthetic Drugs
In Senate Committee · Health · Sponsor Michael Cusick
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3416--A
2019-2020 Regular Sessions
IN SENATE
February 6, 2019
Introduced by Sen. LANZA -- 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, 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 7 new paragraphs 58, 59, 60, 61, 62, 63 and 64 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-phenyl-N-{1-(2-phenylethyl)piperidin-4-yl}tetrahydrofuran-2- carboxamide (Tetrahydrofuran Fentanyl).
§ 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.
LBD00294-03-9
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 (749 words)
Butyryl fentanyl (N-(1-phenethylpiperidin-4-y1)-N-phenylbutyramide),
Beta-hydroxyfentanyl(N-1(-(2-hydroxy-2-phenethyl)-4-piperidinyil-N-. phenylpropanamide,
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- (dimethylami- no)cyclohexyl)-N-methylbenzami4e), 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 isom- ers, esters, ethers, salts and salts of isomers, esters and ethers
(Other names: 4- fluoroisobutyryl fentanyl, Para- fluoroisobutyryl fentanyl),
N-(2-fluotophenyl) -N- (1-phenethylpiperidin-4-y1) propionanide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other. names: ortho-fluorofentanyl, 2-f luorofentapyl),
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-metboxy-N-(1-phenethylpiperidin-4-y1)-N-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 I(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 (a) 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.
Legislative history
2018: S.8797 / A. 10820 - Died in Senate & Assembly Health Committees.
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.