BILL NUMBER: S2331
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 subdivisions 5 and 8 of section 220.00 of the Penal Law
by adding buprenorphine as an exception under the definition of
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 the treatment of OUD,
which provided them with an option other than methadone for the treat-
ment and management of OUD. Classified as a Schedule III/IIIN controlled
substance, buprenorphine has a significantly lower potential for abuse
compared to methadone. Furthermore, since patients can self-administer
buprenorphine, they are not required to visit doctors' offices or treat-
ment facilities routinely for their prescribed dose administration.
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. Although there is a small risk of
diversion or misuse, the vast majority of both prescribed and non-pres-
cribed use is for managing opioid use disorder. This usage should not be
discouraged.
This legislation would place buprenorphine alongside marijuana in our
schedule of controlled substances, ensuring that individuals seeking
treatment for opioid use disorder are not unjustly prosecuted.
 
LEGISLATIVE HISTORY:
2021-2022: S2524 Rivera / A612 Rosenthal L
2023-2024: S699-A Rivera / A4013-A Rosenthal L
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Effective on the 1st of November next succeeding the date on which it
shall have become law.