Sponsored by:
Assemblyman DAN HUTCHISON
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
Establishes tianeptine as Schedule II controlled dangerous substance.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing tianeptine as a Schedule II controlled dangerous substance, and amending P.L.1970, c.226.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1970, c.226 (C.24:21-6) is amended to read as follows:
6. Schedule II.
a. Tests. The director shall place a substance in Schedule II if he finds that the substance: (1) has high potential for abuse; (2) has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and (3) abuse may lead to severe psychic or physical dependence.
b. The controlled dangerous substances listed in this section are included in Schedule II, subject to any revision and republishing by the director pursuant to subsection d. of section 3 of P.L.1970, c.226 (C.24:21-3), and except to the extent provided in any other schedule.
c. Any of the following substances except those narcotic drugs listed in other schedules whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
(2) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause 1, except that these substances shall not include the isoquinaline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extractions which do not contain cocaine or ecogine.
d. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1) Alphaprodine
(2) Anileridine
(3) Bezitramide
(4) Dihydrocodeine
(5) Diphenoxylate
(6) Fentanyl
(7) Isomethadone
(8) Levomethorphan
(9) Levorphanol
(10) Metazocine
(11) Methadone
(12) Methadone--Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane
(13) Moramide--Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid
(14) Pethidine
(15) Pethidine--Intermediate--A, 4-cyano-1-methyl-4-phenylpiperidine
(16) Pethidine--Intermediate--B, ethyl-4-phenylpiperidine-4-carboxylate
(17) Pethidine--Intermediate--C, 1-methyl-4-phenylpiperidine-4-carboxylic acid
(18) Phenazocine
(19) Piminodine
(20) Racemethorphan
(21) Racemorphan
(22) Tianeptine and any salt, sulfate, free acid, or other preparation of tianeptine, and any salt, sulfate, free acid, compound, derivative, precursor, or other preparation thereof that is substantially chemically equivalent or identical with tianeptine.
(cf: P.L.2007, c.244, s.4)
2. This act shall take effect on the 30th day after the date of enactment.
STATEMENT
This bill would classify tianeptine, an antidepressant drug that can produce opioid-like effects and be similarly addicting to opioids, as a Schedule II controlled dangerous substance. Specifically, it would be placed on the Schedule II list as a form of opiate, which is defined similarly in both the Comprehensive Drug Reform Act of 1987, N.J.S.2C:35-1 et seq., and the New Jersey Controlled Dangerous Substances Act, P.L.1970, c.226 (C.24:21-1 et seq.), as any dangerous substance having addiction-forming or addiction-sustaining capabilities similar to morphine or being capable of conversion into a drug having such capabilities. See N.J.S.2C:35-2 and P.L.1970, c.226, s.2 (C.24:21-2).
By categorizing tianeptine as a Schedule II opiate, it would be considered an illegal narcotic drug, see N.J.S.2C:35-2 (definition of narcotic drug), for which its manufacturing, distribution, or possession with intent to manufacture or distribute would be punishable as either a crime of the second degree if the act involved a quantity of one ounce or more or a crime of the third degree if the act involved less than one ounce. See N.J.S.2C:35-5, subsection b., paragraphs (4) and (5). A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. A crime of the third degree is punishable by a term of imprisonment of three to five years, or ordinarily a fine of up to $15,000, but the relevant provisions of N.J.S.2C:35-5 would permit the imposition of a fine of up to $75,000, and both imprisonment and a fine could be imposed.
It would also be illegal to possess, be under the influence of, or fail to voluntarily deliver to a law enforcement officer any amount of tianeptine. See N.J.S.2C:35-10. Possession of the drug would be punishable as a crime of the third degree, with a term of imprisonment of three to five years, an enhanced fine of up to $35,000, or both. Being under the drugs influence and failing to turn over the drug to a law enforcement officer would both be graded as a disorderly persons offense, with a potential term of imprisonment of up to six months, a fine of up to $1,000, or both.
The bill would take effect on the 30th day after the date of enactment.