This bill proposes to add illicit fentanyls to Schedule I of the New Jersey Controlled Dangerous Substances Act. Schedule I substances are characterized by their high potential for abuse and lack of accepted medical use in the United States. The bill specifically defines illicit fentanyls as any material, compound, mixture, or preparation that is not listed as a controlled substance in Schedules I through V, is not approved by the Federal Food and Drug Administration (FDA), and contains certain specified substances, including Furanyl Fentanyl, 3-Methylfentanyl, and Carfentanyl, among others. The bill codifies the existing emergency order that had previously placed these substances in Schedule I.

The legislation does not alter the classification of prescription fentanyl, which remains a Schedule II substance due to its accepted medical use, albeit with strict regulations. The bill outlines the legal consequences for unlawfully manufacturing, distributing, or dispensing Schedule I or II substances, with penalties varying based on the quantity involved. The intent of this bill is to strengthen the regulation of illicit fentanyls, which are derivatives of the prescription drug fentanyl, in response to their increasing prevalence and associated risks.

Statutes affected:
Introduced: 24:21-5