A00612 Summary:

SPONSORRosenthal L
COSPNSRDinowitz, Steck, Reyes, Simon, Quart, Gonzalez-Rojas, Mamdani, Burdick, Forrest, Gottfried, Hevesi, Cruz, Solages, Clark, Fernandez, Gallagher, Taylor, Weprin
Amd 220.00, Pen L
Decriminalizes the possession of buprenorphine from certain crimes.
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A00612 Actions:

01/06/2021referred to codes
01/05/2022referred to codes
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A00612 Committee Votes:

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A00612 Floor Votes:

There are no votes for this bill in this legislative session.
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A00612 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the penal law, in relation to decriminalizing the possession of buprenorphine   PURPOSE: This bill would exclude buprenorphine, a medication commonly used to treat opioid use disorder, from the list of controlled substances.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 220.00 of the penal law. Section two sets forth the effective date.   JUSTIFICATION: Buprenorphine is an effective medication used to treat opioid use disor- der (OUD). In 2000, the federal Drug Addiction Treatment Act allowed physicians to begin prescribing buprenorphine for treatment of OUD, which provided them with an option other than methadone for the treat- ment and management of OUD. Buprenorphine is classified as a schedule III/IIIN controlled substance because its potential for abuse is marked- ly lower than methadone. Additionally, because patients can self-admin- ister buprenorphine, it does not require patients to travel to doctors' offices or treatment facilities each day for their prescribed dose. Despite its efficacy, buprenorphine is classified as a controlled substance, meaning that individuals who possess it without a prescription risk criminal prosecution, even if they are using it to treat their own opioid use disorder. While there is a small risk that people may divert and use buprenorphine, the vast majority of use, both subsequent to a prescription and not, is to manage opioid use disorder. We should not discourage this use. This legislation would place buprenorphine on par with marijuana in our schedule of controlled substances and ensure we are not wrongly prose- cuting individuals who are attempting to treat an opioid use disorder.   LEGISLATIVE HISTORY: 2019-20: A.10109 - Referred to Codes   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect immediately.
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A00612 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     January 6, 2021
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Codes
        AN ACT to amend the  penal  law,  in  relation  to  decriminalizing  the
          possession of buprenorphine
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 5 and 8 of section 220.00 of  the  penal  law,
     2  subdivision 5 as amended by chapter 537 of the laws of 1998 and subdivi-
     3  sion  8 as amended by section 18 of part C of chapter 447 of the laws of
     4  2012, are amended to read as follows:
     5    5. "Controlled substance" means any substance listed  in  schedule  I,
     6  II,  III,  IV  or  V  of  section thirty-three hundred six of the public
     7  health law other than buprenorphine and marihuana, but including concen-
     8  trated cannabis as defined in  paragraph  (a)  of  subdivision  four  of
     9  section thirty-three hundred two of such law.
    10    8.  "Narcotic  preparation"  means  any controlled substance listed in
    11  schedule II(b-1), III(d) or III(e) other than buprenorphine.
    12    § 2. This act shall take effect on the first of November next succeed-
    13  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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