STATE OF NEW YORK
________________________________________________________________________
2722
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
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Introduced by Sens. KLEIN, AMEDORE, GALLIVAN, KENNEDY, MURPHY, O'MARA,
ORTT, SERINO, VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law and the penal law, in relation to
controlled substance 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 44 to read as follows:
3 44. "Controlled substance analogue" (a) means a substance, the chemi-
4 cal structure of which is substantially similar to the chemical struc-
5 ture of a controlled substance listed in schedule I or II of section
6 thirty-three hundred six of this title, and which either:
7 (i) has a stimulant, depressant or hallucinogenic effect on the
8 central nervous system that mimics or is similar to or greater than the
9 stimulant, depressant or hallucinogenic effect on the central nervous
10 system of a controlled substance listed in schedule I or II of section
11 thirty-three hundred six of this title; or
12 (ii) with respect to a particular person, is a substance that such
13 person represents or intends to have a stimulant, depressant or halluci-
14 nogenic effect on the central nervous system that is substantially simi-
15 lar to or greater than the stimulant, depressant or hallucinogenic
16 effect on the central nervous system of a controlled substance listed in
17 schedule I or II of section thirty-three hundred six of this title.
18 (b) such term shall not include:
19 (i) a controlled substance;
20 (ii) any substance for which there is an approved new drug application
21 by the Federal Food and Drug Administration (FDA); or
22 (iii) with respect to a particular person, any substance, if an
23 exemption is in effect for investigational use for that person, as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07432-01-7
S. 2722 2
1 provided by 21 U.S.C. § 355, to the extent conduct with respect to the
2 substance is pursuant to such exemption.
3 § 2. The public health law is amended by adding a new section 3306-a
4 to read as follows:
5 § 3306-a. Controlled substance analogues. A controlled substance
6 analogue shall be deemed to be, for all purposes, including all
7 provisions of law, the controlled substance of which it is an analogue.
8 § 3. Section 220.00 of the penal law is amended by adding a new subdi-
9 vision 21 to read as follows:
10 21. "Knowingly" when used in connection with an offense involving the
11 possession or sale, or the attempt or conspiracy to possess or sell a
12 controlled substance analogue, shall not require knowledge by a person
13 of the chemical structure of the substance, but rather, it is sufficient
14 if:
15 (a) such person knew or should have known that the controlled
16 substance analogue has a stimulant, depressant or hallucinogenic effect
17 on the central nervous system that is substantially similar to or great-
18 er than the stimulant, depressant or hallucinogenic effect on the
19 central nervous system of a controlled substance listed in schedule I or
20 II of section thirty-three hundred six of the public health law; or
21 (b) such person represented or intended for the substance to have a
22 stimulant, depressant or hallucinogenic effect on the central nervous
23 system that is substantially similar to or greater than the stimulant,
24 depressant or hallucinogenic effect on the central nervous system of a
25 controlled substance listed in schedule I or II of section thirty-three
26 hundred six of the public health law.
27 § 4. This act shall take effect immediately.
