NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4582
SPONSOR: Pheffer Amato
 
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: Sets 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:
2020 - S1652A, Referred to Health
2021-2022- S1824, Referred to Health Assembly
2020 - A6757A, Referred to Health
2021-2022- A6629, Referred to Health
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4582
2023-2024 Regular Sessions
IN ASSEMBLY
February 17, 2023
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Health
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 Assem-bly, do enact as follows:
1 Section 1. Section 3302 of the public health law is amended by adding
2 a new subdivision 42 to read as follows:
3 42. "Fentanyl analogue" (a) means any substance that is structurally
4 related to fentanyl by one or more of the following modifications:
5 (i) replacement of the phenyl portion of the phenethyl group by any
6 monocycle, whether or not further substituted in or on the monocycle;
7 (ii) substitution in or on the phenethyl group with alkyl, alkenyl,
8 alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;
9 (iii) substitution in or on the piperidine ring with alkyl, alkenyl,
10 alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups;
11 (iv) replacement of the aniline ring with any aromatic monocycle
12 whether or not further substituted in or on the aromatic monocycle;
13 and/or
14 (v) replacement of the N-propionyl group by another acyl group.
15 (b) such term shall not include:
16 (i) fentanyl;
17 (ii) any substance for which there is an approved new drug application
18 by the Federal Food and Drug Administration (FDA); or
19 (iii) with respect to a particular person, any substance, if an
20 exemption is in effect for investigational use for that person, as
21 provided by 21 U.S.C. § 355, to the extent conduct with respect to the
22 substance is pursuant to such exemption.
23 § 2. Subdivision (b) of schedule I of section 3306 of the public
24 health law is amended by adding a new paragraph 71 to read as follows:
25 (71) Any fentanyl analogue.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05805-01-3
A. 4582 2
1 § 3. Section 220.00 of the penal law is amended by adding a new subdi-
2 vision 21 to read as follows:
3 21. "Knowingly" when used in connection with an offense involving the
4 possession or sale, or the attempt or conspiracy to possess or sell a
5 fentanyl analogue, shall not require knowledge by a person of the chemi-
6 cal structure of the substance.
7 § 4. This act shall take effect immediately.