Amd §3306, Pub Health L; amd §§220.41 & 220.43, Pen L
 
Designates certain substances as schedule I opiates controlled substances; includes within the offenses of criminal sale of a controlled substance in the second and first degrees, the sale of certain amounts of preparations, compounds, mixtures or substances containing heroin and schedule I opiates.
STATE OF NEW YORK
________________________________________________________________________
933--B
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
___________
Introduced by Sens. CROCI, AKSHAR, AMEDORE, BROOKS, GALLIVAN, HELMING,
KAMINSKY, MARCHIONE, MURPHY, O'MARA, PHILLIPS, RANZENHOFER, SERINO --
read twice and ordered printed, and when printed to be committed to
the Committee on Health -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading, passed
by Senate and delivered to the Assembly, recalled, vote reconsidered,
restored to third reading, amended and ordered reprinted, retaining
its place in the order of third reading -- recommitted to the Commit-
tee on Health in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public health law, in relation to designating
certain substances as schedule I opiates; and to amend the penal law,
in relation to the sale of preparations, compounds mixtures and
substances containing heroin and an opiate
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (b) of schedule I of section 3306 of the public
2 health law is amended by adding two new paragraphs 58 and 59 to read as
3 follows:
4 (58) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide (Butyryl Fenta-
5 nyl).
6 (59) N-{1-{2-hydroxy-2-(thiophen-2-yl)ethyl}piperidin-4-yl}- N-phenyl-
7 propionamide (Beta-Hydroxythiofentanyl).
8 § 2. Subdivision 7 of section 220.41 of the penal law, as amended by
9 chapter 75 of the laws of 1995, is amended and a new subdivision 8 is
10 added to read as follows:
11 7. methadone and the methadone weighs three hundred sixty milligrams
12 or more[.]; or
13 8. one or more preparations, compounds, mixtures or substances
14 containing heroin and an opiate, defined in subdivision (b) of schedule
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01744-04-8
S. 933--B 2
1 I of section thirty-three hundred six of the public health law, and the
2 preparations, compounds, mixtures or substances are of an aggregate
3 weight of one-quarter ounce or more.
4 § 3. Subdivision 2 of section 220.43 of the penal law, as amended by
5 chapter 75 of the laws of 1995, is amended and a new subdivision 3 is
6 added to read as follows:
7 2. methadone and the methadone weighs two thousand eight hundred
8 eighty milligrams or more[.]; or
9 3. one or more preparations, compounds, mixtures or substances
10 containing heroin and an opiate, defined in subdivision (b) of schedule
11 I of section thirty-three hundred six of the public health law, and the
12 preparations, compounds, mixtures or substances are of an aggregate
13 weight of one ounce or more.
14 § 4. This act shall take effect on the ninetieth day after it shall
15 have become a law.