Bill > S03934

This bill addresses the legal classification and handling of fentanyl analogues by making several key changes to existing law. First, it provides a detailed definition of "fentanyl analogue" as a substance structurally related to fentanyl with specific chemical modifications, such as replacements or substitutions in different parts of the molecular structure. The bill explicitly excludes pure fentanyl, FDA-approved drugs, and substances with investigational use exemptions from this definition. Additionally, the bill adds fentanyl analogues to Schedule I of controlled substances, which means these substances are considered to have a high potential for abuse and no accepted medical use. Importantly, the bill also modifies the legal standard for "knowingly" possessing or selling a fentanyl analogue, stating that a person does not need to have specific knowledge of the chemical structure to be considered to have acted knowingly. This change appears designed to make prosecution of fentanyl analogue-related offenses easier by removing the requirement to prove detailed chemical knowledge. The bill aims to address the evolving landscape of synthetic opioids by providing a broad, chemically-defined approach to classifying and controlling potentially dangerous substances similar to fentanyl.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/S3934