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A04582 Summary:

BILL NOA04582
 
SAME ASSAME AS S02855
 
SPONSORPheffer Amato
 
COSPNSR
 
MLTSPNSR
 
Amd §§3302 & 3306, Pub Health L; amd §220.00, Pen L
 
Provides that a fentanyl analogue shall be deemed to be a schedule I opiate.
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A04582 Actions:

BILL NOA04582
 
02/17/2023referred to health
01/03/2024referred to health
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A04582 Memo:

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.
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A04582 Text:



 
                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.
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