New York S 9852: Relates to designated or rescheduled drugs

Bill Text

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S09852 Summary:

BILL NOS09852 

&nbsp

SAME ASSAME AS A11499

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§3306 & 3307, Pub Health L

&nbsp

Provides that when a drug is designated or rescheduled by the federal government, it shall be deemed scheduled under NYS law automatically, without further action by the commissioner.

Go to top S09852 Actions:

BILL NOS09852 

&nbsp

04/08/2026REFERRED TO HEALTH

Go to topS09852 Committee&nbspVotes:

Go to topS09852 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09852 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9852

 IN SENATE

 April 8, 2026
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- 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 designated or
 rescheduled drugs

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The opening paragraph of section 3306 of the public health
 2 law, as added by chapter 664 of the laws of 1985, is amended to read as
 3 follows:
 4 There are hereby established five schedules of controlled substances,
 5 to be known as schedules I, II, III, IV and V respectively. Such sched-
 6 ules shall consist of the following substances by whatever name or chem-
 7 ical designation known, except as provided in subdivision six of section
 8 three thousand three hundred seven of this title:
 9 § 2. Subdivision 5 of section 3307 of the public health law, as
 10 amended by chapter 777 of the laws of 2022, is amended to read as
 11 follows:
 12 5. The commissioner shall by regulation or emergency regulation,
 13 reclassify any compound, mixture or preparation containing any substance
 14 listed in Schedule I of section three thousand three hundred six of this
 15 title as a Schedule II, III, IV or V substance, or exempt it from this
 16 article, if that same compound, mixture or preparation is redesignated
 17 or rescheduled other than under Schedule I under the federal Controlled
 18 Substances Act, or deleted as a controlled substance under the federal
 19 Controlled Substances Act. If the commissioner acts under this subdivi-
 20 sion and does not exempt the compound, mixture or preparation from this
 21 article, [he or she] the commissioner may only reclassify it to a newly
 22 created subdivision in the same numbered schedule or a higher numbered
 23 schedule than to which it is redesignated or rescheduled under the
 24 federal act. This subdivision shall not apply to compounds, mixtures, or
 25 preparations described in subdivision six of this section.
 26 § 3. Subdivision 6 of section 3307 of the public health law, as renum-
 27 bered by chapter 164 of the laws of 2018, is renumbered subdivision 7
 28 and a new subdivision 6 is added to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15327-01-6

 S. 9852 2

 1 6. Notwithstanding subdivision five of this section, if any compound,
 2 mixture or preparation containing any substance listed in Schedule I of
 3 section three thousand three hundred six of this title is approved by
 4 the federal food and drug administration and is designated or resched-
 5 uled by the federal drug enforcement administration in a schedule other
 6 than Schedule I pursuant to 21 U.S.C. § 812 and 21 C.F.R. Part 1308,
 7 such compound, mixture or preparation shall, as of the effective date of
 8 such federal designation or rescheduling, be deemed scheduled under
 9 section three thousand three hundred six of this title in the same sche-
 10 dule that the compound, mixture or preparation is scheduled under the
 11 federal schedules of controlled substances, without the need for further
 12 action by the commissioner.
 13 § 4. This act shall take effect immediately.

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