S7102-2011 - NY Senate Open Legislation - Includes within the schedules of controlled substances, any substances designated as controlled substances pursuant to the federal Analog Act

Includes within the schedules of controlled substances, any substances designated as controlled substances pursuant to the federal Analog Act.

Sponsor: KLEIN Committee: RULES
Law Section: Public Health Law
Law: Amd S3306, Pub Health L

S7102-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Jun 11, 2012: ADVANCED TO THIRD READING
Jun 6, 2012: 2ND REPORT CAL.
Jun 5, 2012: 1ST REPORT CAL.1084
Apr 27, 2012: REFERRED TO HEALTH

S7102-2011 Meetings

Health: Jun 5, 2012

S7102-2011 Calendars

Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S7102-2011 Votes

VOTE: COMMITTEE VOTE: - Health - Jun 5, 2012

Ayes (12): Hannon, Ball, Fuschillo, Golden, Larkin, McDonald, Seward, Young, Duane, Rivera, Stewart-Cousins, Peralta
Ayes W/R (3): Adams, Gianaris, Montgomery
Excused (2): Farley, Smith

S7102-2011 Memo

BILL NUMBER:S7102

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 individ-
uals  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
I or II." This legislation incorporates this act into Public Health  Law
3306 to give state enforcement another tool.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This  act  shall  take  effect  on the thirtieth day after it shall have
become law.

S7102-2011 Text


                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    7102

                              I N  SENATE

                               April 27, 2012
                                 ___________

  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 thirtieth day  after  it  shall
  have become a law.






   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15521-01-2

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S7102-2011: Includes within the schedules of controlled substances, any substances designated as controlled substances pursuant to the federal Analog Act