Includes within the schedules of controlled substances, any substances designated as controlled substances pursuant to the federal Analog Act.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
TITLE OF BILL: An act to amend the public health law, in relation to including substances designated pursuant to the federal Analog 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 the 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 substantially 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.
JUSTIFICATION: Currently under New York State Law, only a narrow selection of scheduled substances have analog protection. That is, 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 or II." This legislation incorporates this act into Public Health Law 3306 to give state enforcement another tool.
PRIOR LEGISLATIVE HISTORY: 2012 - S. 7102 - Reported to Senate Calendar.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect on the 180th day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 2447 2013-2014 Regular Sessions IN SENATE January 17, 2013 ___________Introduced by Sen. KLEIN -- 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 including substances designated pursuant to the federal Analog Act within the definition of controlled substances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of section 3306 of the public health law, as added by chapter 664 of the laws of 1985, is amended to read as follows: There are hereby established five schedules of controlled substances, to be known as schedules I, II, III, IV and V respectively. Such sched- ules shall consist of the following substances by whatever name or chem- ical designation known, AND SHALL INCLUDE ANY SUCH SUBSTANCES AS SHALL BE DESIGNATED PURSUANT TO THE FEDERAL ANALOG ACT (21 U.S.C. S 813): S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06803-01-3