SENATE, No STATE OF NEW JERSEY. 213th LEGISLATURE INTRODUCED DECEMBER 11, 2008

Transcription

1 SENATE, No. STATE OF NEW JERSEY th LEGISLATURE INTRODUCED DECEMBER, 00 Sponsored by: Senator STEPHEN M. SWEENEY District (Salem, Cumberland and Gloucester) Senator CHRISTOPHER "KIP" BATEMAN District (Morris and Somerset) SYNOPSIS Criminalizes the manufacture, distribution and possession of Salvia divinorum. CURRENT VERSION OF TEXT As introduced. (Sponsorship Updated As Of: //00)

2 AN ACT concerning controlled substances and amending P.L.0, c.. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:. Section of P.L.0, c. (C.:-) is amended to read as follows:. Schedule I. a. Tests. The director shall place a substance in Schedule I if he finds that the substance: () has high potential for abuse; and () has no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision. b. The controlled dangerous substances listed in this section are included in Schedule I, subject to any revision and republishing by the director pursuant to subsection d. of section of P.L.0, c. (C.:-), and except to the extent provided in any other schedule. c. Any of the following opiates, including their isomers, esters, and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation: () Acetylmethadol () Allylprodine () Alphacetylmethadol () Alphameprodine () Alphamethadol () Benzethidine () Betacetylmethadol () Betameprodine () Betamethadol (0) Betaprodine () Clonitazene () Dextromoramide () Dextrorphan () Diampromide () Diethylthiambutene () Dimenoxadol () Dimepheptanol () Dimethylthiambutene () Dioxaphetyl butyrate (0) Dipipanone () Ethylmethylthiambutene () Etonitazene EXPLANATION Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter.

3 () Etoxeridine () Furethidine () Hydroxypethidine () Ketobemidone () Levomoramide () Levophenacylmorphan () Morpheridine (0) Noracymethadol () Norlevorphanol () Normethadone () Norpipanone () Phenadoxone () Phenampromide () Phenomorphan () Phenoperidine () Piritramide () Proheptazine (0) Properidine () Racemoramide () Trimeperidine. d. Any of the following narcotic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation: () Acetorphine () Acetylcodone () Acetyldihydrocodeine () Benzylmorphine () Codeine methylbromide () Codeine-N-Oxide () Cyprenorphine () Desomorphine () Dihydromorphine (0) Etorphine () Heroin () Hydromorphinol () Methyldesorphine () Methylhydromorphine () Morphine methylbromide () Morphine methylsulfonate () Morphine-N-Oxide () Myrophine () Nicocodeine (0) Nicomorphine () Normorphine () Phoclodine () Thebacon.

4 e. Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (),-methylenedioxy amphetamine () -methoxy-,-methylenedioxy amphetamine (),,-trimethoxy amphetamine () Bufotenine () Diethyltryptamine () Dimethyltryptamine () -methyl-,-dimethoxylamphetamine () Ibogaine () Lysergic acid diethylamide (0) Marihuana () Mescaline () Peyote () N-ethyl--piperidyl benzilate () N-methyl--piperidyl benzilate () Psilocybin () Psilocyn () Tetrahydrocannabinols () Salvia divinorum () Salvinorin A. (cf: P.L.00, c., s..). This act shall take effect on the 0th day following enactment. STATEMENT Salvia divinorum is gaining increased attention as a drug of abuse. It is a perennial herb that is native to parts of Mexico and can be grown indoors. When the plant or its extract, Salvinorin A, is ingested or smoked, it causes vivid hallucinations and confusion. According to the federal Drug Enforcement Administration, Salvia divinorum is sold over the Internet and in some head shops. Possession and distribution of Salvia divinorum is not barred by federal or New Jersey law. This bill would amend N.J.S.A.:- to classify Salvia divinorum and Salvinorin A as Schedule I controlled substances in New Jersey. A Schedule I substance has () high potential for abuse; and () no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision. Other substances listed in Schedule I include mescaline, peyote and LSD. Under the Criminal Code, persons who manufacture, distribute, dispense or possess Schedule I substances

5 are subject to imprisonment and fines under the Comprehensive Drug Reform Act of (N.J.S.A.C:- et seq.). According to the federal Drug Enforcement Administration, as of June 00 nine states have enacted legislation placing Salvia divinorum or Salvinorin A into Schedule I of their states drug laws. A tenth state (Louisiana) criminalizes the manufacture, distribution and possession of the plant.