Requires the commissioner of health by regulation or emergency regulation, to reclassify any compound, mixture or preparation containing any substance listed in Schedule I of section three thousand three hundred six of the public health law as a Schedule II, III, IV or V substance, or exempt it, if that same compound, mixture or preparation is redesignated or rescheduled other than under Schedule I under the federal Controlled Substances Act, or deleted as a controlled substance under the federal Controlled Substances Act.
STATE OF NEW YORK
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8618
IN SENATE
March 22, 2022
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to providing for the
automatic rescheduling of certain compounds, mixtures or preparations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5 of section 3307 of the public health law, as
2 added by chapter 164 of the laws of 2018, is amended to read as follows:
3 5. The commissioner [may] shall by regulation or emergency regulation,
4 reclassify any compound, mixture or preparation containing any substance
5 listed in Schedule I of section three thousand three hundred six of this
6 title as a Schedule II, III, IV or V substance, or exempt it from this
7 article, if that same compound, mixture or preparation is redesignated
8 or rescheduled other than under Schedule I under the federal Controlled
9 Substances Act, or deleted as a controlled substance under the federal
10 Controlled Substances Act. If the commissioner acts under this subdivi-
11 sion and does not exempt the compound, mixture or preparation from this
12 article, he or she may only reclassify it to a newly created subdivision
13 in the same numbered schedule or a higher numbered schedule than to
14 which it is redesignated or rescheduled under the federal act.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14190-01-1
