Bill Text: NJ S3471 | 2018-2019 | Regular Session | Introduced
Bill Title: Enhances penalties related to counterfeit drugs.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2019-12-16 - Substituted by A5037 (2R) [S3471 Detail]
Download: New_Jersey-2018-S3471-Introduced.html
Sponsored by:
Senator BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Enhances penalties related to counterfeit drugs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning counterfeit drugs, amending P.L.1987, c.106, and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:35-11 is amended to read as follows
2C:35-11. Imitation controlled dangerous substances and imitation pharmaceutical substances; distribution, possession, manufacture, etc.; penalties.
a. It is unlawful for any person to distribute or to possess or have under his control with intent to distribute any substance which is not a controlled dangerous substance [or], controlled substance analog, or pharmaceutical substance:
(1) Upon the express or implied representation to the recipient that the substance is a controlled dangerous substance [or], controlled substance analog, or pharmaceutical substance; or
(2) Upon the express or implied representation to the recipient that the substance is of such nature, appearance, or effect that the recipient will be able to distribute or use the substance as a controlled dangerous substance [or], controlled substance analog, or pharmaceutical substance; or
(3) Under circumstances which would lead a reasonable person to believe that the substance is a controlled dangerous substance [or], controlled substance analog, or pharmaceutical substance.
Any of the following shall constitute prima facie evidence of such circumstances:
(a) The substance was packaged in a manner normally used for the unlawful distribution of controlled dangerous substances [or], controlled substance analog, or pharmaceutical substance.
(b) The distribution or attempted distribution of the substance was accompanied by an exchange of or demand for money or other thing as consideration for the substance, and the value of the consideration exceeded the reasonable value of the substance.
(c) The physical appearance of the substance is substantially the same as that of a specific controlled dangerous substance [or], controlled substance analog, or pharmaceutical substance.
b. It is unlawful for any person to manufacture, compound, encapsulate, package, or imprint any substance which is not a controlled dangerous substance, controlled substance analog, pharmaceutical substance, or any combination of such substances[, other than a prescription drug,] with the purpose that it resemble or duplicate the physical appearance of the finished form, package, label, or imprint of a controlled dangerous substance [or], controlled substance analog, or pharmaceutical substance..
c. In any prosecution under this section, it shall not be a defense that the defendant mistakenly believed a substance to be a controlled dangerous substance [or], controlled substance analog, or pharmaceutical substance.
d. A violation of this section is a crime of the [third] second degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to [$200,000.00] $250,000.00 may be imposed.
e. The provisions of this section shall not be applicable to (1) practitioners or agents, servants, and employees of practitioners dispensing or administering [noncontrolled] pharmaceutical substances to patients on behalf of practitioners in the normal course of their business or professional practice; and (2) persons who manufacture, process, package, distribute or sell [noncontrolled] pharmaceutical substances to practitioners for use as placebos in the normal course of their business, professional practice or research or for use in Federal Food and Drug Administration investigational new drug trials.
f. The Department of Law and Public Safety shall publish on its Internet website a list of individuals convicted pursuant to this section.
(cf: P.L.1997, c.181, s.7)
2. (New section) a. An individual who received his or her professional certification or license pursuant to Title 45 of the Revised Statutes shall have that certification or license revoked by the corresponding board, specified in section 2 of P.L.1978, c.73 (C.45:1-15), following a conviction pursuant to N.J.S.2C:35-11, for a period of time to be determined by that board.
b. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a board, specified in section 2 of P.L.1978, c.73 (C.45:1-15), may adopt rules and regulations to effectuate the provisions of this act.
3. This act shall take effect on the 180th day after the date of enactment.
STATEMENT
This bill enhances penalties related to counterfeit drugs. The bill amends existing law, N.J.S.2C:35-11, which criminalizes the distribution, possession, or manufacture of imitation controlled dangerous substances by reclassifying the act as a crime in the second degree resulting in a fine up to $250,000.00 and providing the same criminal penalties for the distribution, possession, or manufacture of imitation pharmaceutical substances. Currently, this offense is classified as a crime in the third degree resulting in a fine up to $200,000.00 and applies only to controlled dangerous substances. Additionally, the Department of Law and Public Safety (department) is to publish on its Internet website a list of individuals convicted under N.J.S.2C:35-11 for a period of time to be determined by the department.
The bill provides that an individual who received his or her professional certification or license pursuant to Title 45 of the Revised Statutes is to have that certification or license revoked by the corresponding board, specified in section 2 of P.L.1978, c.73 (C.45:1-15), following a conviction under N.J.S.2C:35-11, for a period of time to be determined by that board.
