A04059 Summary:
| BILL NO | A04059A |
| SAME AS | SAME AS S01640-A |
| SPONSOR | Cusick |
| COSPNSR | Buchwald, Mayer |
| MLTSPNSR | |
| Amd §3306, Pub Health L | |
| Includes within the schedules of controlled substances, any substances designated as controlled substances pursuant to the federal Analog Act and Controlled Substances Act. | |
A04059 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the public health law, in relation to including substances designated pursuant to the federal Analog Act and Controlled Substances Act within the definition of controlled substances PURPOSE OR GENERAL IDEA OF BILL: This bill will give state drug and law enforcement agencies and individuals another tool to combat the quickly moving world of designer drugs. The Federal Analog Act (21 use § 813) allows scheduling and enforcement against drugs which are substan- tially structurally similar to those in schedule I or II. This bill will incorporate substances scheduled under this act into New York State Public Health Law. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Public Health Law Section 3306 to incorporate the Federal Analog Act into New York State's Drug Scheduling provisions. Section 2 is the effective date. JUSTIFICATION: Currently under New York State Law, only a narrow selection of scheduled substances has analog protection. Manufacturers often only need to chemically "tweak" a drug to avoid scheduling. This creates a game of cat and mouse with legislation and enforcement far slower to act than the manufacturers of designer drugs. On the federal level, the Drug Enforcement Agency is able to act on new, individual substances on a case-by-case basis through the use of the Federal Analog Act which schedules burgeoning substances "substantially similar to the chemical structure of a controlled substance in schedule I or II." This legislation incorporates this act into Public Health Law 3306 to give state enforcement another tool. PRIOR LEGISLATIVE HISTORY: 2013-2014: A.6608-Died in Health FISCAL IMPLICATIONS: None to the State. EFFECTIVE DATE: This act shall take effect on the 180th day after it shall have become law.