BILL NUMBER: S699A
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the penal law, in relation to decriminalizing the
possession of buprenorphine
 
PURPOSE:
This bill would exclude buprenoiphine, a medication commonly used to
treat opioid use disorder, from the list of controlled substances.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 220.00 of the penal law by adding buprenorphine
as an exception under the definition for controlled substances.
Section 2 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:
2019-2020: A10109 Rosenthal L / No Same-As
2021-2022: S2524 / A612 Rosenthal L
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.