NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7749
SPONSOR: Gottfried TITLE OF BILL:
An act to amend the public health law, in relation to adding substances
to the schedules of controlled substances
PURPOSE:
This bill would update the State controlled substances schedules,
promoting consistency with the federal schedules and promoting health
and safety.
SUMMARY OF PROVISIONS:
Section 1 of the bill would add a synthetic opioid analgesic, often
known as AH-7921, and seven fentantyl analogs to Schedule I(b) of Public
Health Law (PHL) § 3306. The section would also add any controlled
substance listed in 21 U.S.C. § 812, Schedule I(a), that is not other-
wise listed in state Schedule 1(b) to such schedule.
Section 2 of the bill would amend PM, § 3306, Schedule I(c) to add the
controlled substances listed in 21 U.S.C. § 812, Schedule I(b), if not
already listed therein.
Section 3 of the bill would amend PHL § 3306, Schedule I(d) to correct
the spelling of ibogane.
Section 4 of the bill would add a number of substances to PHL § 3306,
Schedule I(d). Additionally, the section would add the controlled
substances listed in 21 U.S.C. § 812, Schedule I(c) or (d), if not
already listed therein.
Section 5 of the bill would amend NIL § 3306, Schedule I(e), to add the
controlled substances listed in 21 U.S.C. § 812, Schedule ill(b) or IV,
if not already listed therein.
Section 6 would amend PHL § 3306, Schedule II(c), to add the controlled
substances listed in 21 U.S.C. § 812, Schedule II, Schedule III(d) or
Schedule V, if not already listed therein.
Section 7 would amend PHL § 3306, Schedule 11(d) to add the controlled
substances listed in 21 U.S.C. § 812, Schedule 111(a), if not already
listed therein.
Section 8 of the bill would amend PHI, § 3306, Schedule LE (h) to add
methasterone and prostanozol.
Section 9 of the bill would amend PHL § 3306, Schedule III (c) to add
perampanel.
Section 10 of the bill would amend PHL § 3306, Schedule IV (c) to add
alfaxalone and suvorexant.
Section 11 of the bill would amend PHL § 3306, Schedule IV(f) to clarify
that the inclusion of salts and isomers applies whenever such salts or
isomers are possible within the specific chemical designation of a
substance. The section also would add lorcaserin and eluxadoline to
Schedule 1V(f).
Section 12 of the bill would amend PHL § 3306, Schedule V(d) to add
brivaracetam. Section 13 would set forth the effective date.
JUSTIFICATION:
This bill would update the New York State controlled substances sched-
ules to conform to the current federal schedules of controlled
substances. Individuals often exploit the fact that certain drugs clas-
sified as controlled substances under federal law are not similarly
classified as controlled substances under New York law, and thus are
more easily diverted. Consistency between the State and federal sched-
ules is therefore important to address the prevalence of abuse and
misuse of controlled substances. At the same time, the State should not
wait for final federal action when it appears that a substance is
dangerous and should be scheduled.
The bill would further add several fentantyl analogs, including some
which are temporarily listed in the federal schedule. This is consistent
with a recommendation made by the Heroin and Opioid Task Force, convened
by the Governor to identify ways to address the ongoing crisis of heroin
and opioid addiction. In making this recommendation, the Task Force
noted that fentanyl is more potent than heroin but has been found mixed
with and sold as heroin, which can be particularly dangerous. Adding
these precursors to the schedule also would eliminate a loophole which
otherwise might allow drug dealers to escape prosecution.
The bill would also add other known dangerous substances to the State
schedule of controlled substances, including a synthetic opioid analges-
ic, often is known as AH-7921, which can cause a psychoactive reaction
and has led to a number of deaths within the United States and other
counties. Finally, the bill would clarify that the inclusion of salts
and isomers applies whenever such salts or isomers are possible within
the specific chemical designation of a substance.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
90 days, succeeding enactment.
