Relates to authorizing the reclassification of controlled substances by regulation; authorizes the commissioner of health to reclassify controlled substances by regulation or emergency regulation if the substance is redesignated or rescheduled.
STATE OF NEW YORK
April 25, 2018
Introduced by M. of A. RYAN -- Multi-Sponsored by -- M. of A. GOTTFRIED,
LENTOL, RAIA -- read once and referred to the Committee on Health --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported and referred to the Commit-
tee on Codes -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to authorizing the
reclassification of controlled substances by regulation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5 of section 3307 of the public health law is
2 renumbered subdivision 6 and a new subdivision 5 is added to read as
4 5. The commissioner may by regulation or emergency regulation, reclas-
5 sify any compound, mixture or preparation containing any substance list-
6 ed in Schedule I of section three thousand three hundred six of this
7 title as a Schedule II, III, IV or V substance, or exempt it from this
8 article, if that same compound, mixture or preparation is redesignated
9 or rescheduled other than under Schedule I under the federal Controlled
10 Substances Act, or deleted as a controlled substance under the federal
11 Controlled Substances Act. If the commissioner acts under this subdivi-
12 sion and does not exempt the compound, mixture or preparation from this
13 article, he or she may only reclassify it to a newly created subdivision
14 in the same numbered schedule or a higher numbered schedule than to
15 which it is redesignated or rescheduled under the federal act.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.