Opn. No.

HON. ROBERT P. WHALEN, M.D. Commissioner of Health, Department of Health

This is in response to your recent letter wherein you ask my opinion as to whether or not Narcotic Enforcement Investigators duly designated pursuant to Public Health Law, § 3385(2), have the power to make arrests for violations of Article 33 of the Public Health Law and violations of Article 220 of the Penal Law.

Your letter stated that the Narcotic Enforcement Investigators have been designated pursuant to Public Health Law, § 3385(2). Public Health Law, § 3385(2) provides as follows:

"2. For the purposes of this article,…