Bill Text: NJ S1783 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits manufacture, sale, or possession of synthetic marijuana.
Sponsorship: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2013-03-12 - Approved P.L.2013, c.35. [S1783 Detail]
Download: New_Jersey-2012-S1783-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Prohibits manufacture, sale, or possession of synthetic marijuana.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning controlled dangerous substances and amending P.L.1970, c.226.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1970, c.226 (C.24:21-5) is amended to read as follows:
5. Schedule I.
a. Tests. The director shall place a substance in Schedule I if he finds that the substance: (1) has high potential for abuse; and (2) 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 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 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:
(1) Acetylmethadol
(2) Allylprodine
(3) Alphacetylmethadol
(4) Alphameprodine
(5) Alphamethadol
(6) Benzethidine
(7) Betacetylmethadol
(8) Betameprodine
(9) Betamethadol
(10) Betaprodine
(11) Clonitazene
(12) Dextromoramide
(13) Dextrorphan
(14) Diampromide
(15) Diethylthiambutene
(16) Dimenoxadol
(17) Dimepheptanol
(18) Dimethylthiambutene
(19) Dioxaphetyl butyrate
(20) Dipipanone
(21) Ethylmethylthiambutene
(22) Etonitazene
(23) Etoxeridine
(24) Furethidine
(25) Hydroxypethidine
(26) Ketobemidone
(27) Levomoramide
(28) Levophenacylmorphan
(29) Morpheridine
(30) Noracymethadol
(31) Norlevorphanol
(32) Normethadone
(33) Norpipanone
(34) Phenadoxone
(35) Phenampromide
(36) Phenomorphan
(37) Phenoperidine
(38) Piritramide
(39) Proheptazine
(40) Properidine
(41) Racemoramide
(42) 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:
(1) Acetorphine
(2) Acetylcodone
(3) Acetyldihydrocodeine
(4) Benzylmorphine
(5) Codeine methylbromide
(6) Codeine-N-Oxide
(7) Cyprenorphine
(8) Desomorphine
(9) Dihydromorphine
(10) Etorphine
(11) Heroin
(12) Hydromorphinol
(13) Methyldesorphine
(14) Methylhydromorphine
(15) Morphine methylbromide
(16) Morphine methylsulfonate
(17) Morphine-N-Oxide
(18) Myrophine
(19) Nicocodeine
(20) Nicomorphine
(21) Normorphine
(22) Phoclodine
(23) Thebacon.
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:
(1) 3,4-methylenedioxy amphetamine
(2) 5-methoxy-3,4-methylenedioxy amphetamine
(3) 3,4,5-trimethoxy amphetamine
(4) Bufotenine
(5) Diethyltryptamine
(6) Dimethyltryptamine
(7) 4-methyl-2,5-dimethoxylamphetamine
(8) Ibogaine
(9) Lysergic acid diethylamide
(10) Marihuana
(11) Mescaline
(12) Peyote
(13) N-ethyl-3-piperidyl benzilate
(14) N-methyl-3-piperidyl benzilate
(15) Psilocybin
(16) Psilocyn
(17) Tetrahydrocannabinols
(18) Synthetic Cannabinoids.
f. For the purposes of this section, "synthetic cannabinoids" include any material, compound, mixture, or preparation that is not listed as a controlled substance in Schedule I through V, is not a federal Food and Drug Administration (FDA) approved drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues (analogs), and salts of isomers and homologues (analogs), unless specifically excepted, whenever the existence of these salts, isomers, homologues (analogs), and salts of isomers and homologues (analogs) is possible within the specific chemical designation:
(1) Naphthoylindoles. Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cyc1oalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4�morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include but are not limited to: JWH 015, JWH 018, JWH 019, JWH 073, JWH 081, JWH 122, JWH 200, JWH 210, JWH 398, AM 2201, and WIN 55 212.
(2) Naphthylmethylindoles. Any compound containing a 1H-indol-3-yl-(1-�naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2�piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include but are not limited to: JWH-175, and JWH-184.
(3) Naphthoylpyrroles. Any compound containing a 3-(1�naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2�piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include but are not limited to: JWH 307.
(4) Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-�piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include but are not limited to: JWH-176.
(5) Phenylacetylindoles. Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl. haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl. 1-(N-methyl-2-piperidinyl)methyl, or 2-(4�morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples of this structural class include but are not limited to: RCS-8 (SR-18), JWH 250, JWH 203, JWH-251, and JWH-302.
(6) Cyclohexylphenols. Any compound containing a 2-(3�hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl. alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2�piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent. Examples of this structural class include but are not limited to: CP 47,497 (and homologues(analogs)), cannabicyclohexanol, and CP 55, 940.
(7) Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4�morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples of this structural class include but are not limited to: AM 694, Pravadoline (WIN 48,098), RCS 4, and AM-679.
(8) [2,3-Dihydro-5-methyl-3-(4-orpholinylmethyl)pyrrolo[1,2,3-de]-1, 4-benzoxazin-6-yl]-1-napthalenylmethanone. Examples of this structural class include but are not limited to: WIN 55,212-2.
(9) (6aR,1 OaR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-�6a,7,10,10a-tetrahydrobenzo[c]chromen-l-ol 7370. Examples of this structural class include but are not limited to: HU-210.
(10) Adamantoylindoles. Any compound containing a 3-(1�adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-�piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the adamantyl ring system to any extent. Examples of this structural class include but are not limited to: AM-1248.
(11) Any other synthetic chemical compound that is a cannabinoid receptor agonist and mimics the pharmacological effect of naturally occurring cannabinoids that is not listed in Schedules II through V or is not an FDA approved drug.
(cf: P.L.2007, c.244, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill would criminalize the manufacture, sale, and possession of synthetic marijuana by adding it to this State's list of controlled dangerous substances. Synthetic marijuana, marketed under such other names as "Spice," "K2," "Blaze," and "Red Dawn X," are manmade substances designed to mimic the effects of marijuana. These "designer drugs" are sold in tobacco and smoke shops, drug paraphernalia shops, convenience stores, and over the Internet and often are labeled as incense or potpourri to evade law enforcement.
Specifically, the bill codifies an order issued by the Director of Consumer Affairs on February 29, 2012 by adding 10 classes of chemicals that fall under the umbrella of synthetic cannabinoids to the list of prohibited schedule I drugs. The bill also prohibits any other synthetic chemical compound that is a cannabinoid receptor agonist and mimics the pharmacological effect of naturally occurring cannabinoids. This provision essentially bans any substance that mimics the effect of marijuana's main ingredient on the brain.
The use of synthetic marijuana reportedly has been growing in popularity despite serious side effects, including violent seizures, dangerously elevated heart rates, anxiety attacks, hallucinations, and in some cases, death. The number of cases of synthetic marijuana abuse as reported by poison control centers and hospitals has been increasing at an alarming rate.
This bill makes it clear that synthetic marijuana is an illegal drug and that persons who violate the bill's provisions will be subject to the most severe penalties under this State's controlled dangerous substance law.
