Establishes a substituted cathinone surrender program and designates substituted cathinones as schedule I stimulant controlled substances; repealer

1 Co-sponsor

• George D. Maziarz

BILL NUMBER:S7826

Title of bill

An act to establish a substituted cathinone surrender program; to amend the public health law, in relation to controlled substances; to repeal certain provisions of the public health law, relating to controlled substances; and providing for the repeal of certain provisions upon expiration thereof

Purpose

To classify substituted cathinones (these products, often referred to as "bath salts", chemically related to methamphetamines and ecstasy - which are both classified as stimulants) as Schedule I stimulant controlled substances and to create a Statewide substituted Cathinone Surrender Program to allow for surrender of these harmful substances to appropri- ate authorities.

CURRENT LAW:: Chapter 130 of the Laws of 2011 banned the sale or distribution of any product containing Mephedrone and MDPV which were marketed as "bath salts."

Summary of provisions

Amends the Public Health Law and Penal Law to add substituted cathinones to the CSA based on chemical structures. A direct reference to "meth- cathinone" is removed because it fits within the class. Creates penal- ties for possession and sale similar to other stimulants, because these products often referred to as "bath salts," are chemically related to methamphetamines and ecstasy - which are both classified as stimulants.

Requires provisions to allow for the surrender of these substances during the 90 day period after enactment of the law to the appropriate authorities, and requires that a database be maintained to increase awareness of these products and their harmful effects.

Justification

Many recent and disturbing news reports have brought to light the continued danger of a drug like product known as "bath salts." Accord- ing to UPSTATE Medical University and the Upstate New York Poison Center "bath salts" is a common term used for man-made stimulant (upper) drugs that are similar to "ICE" methamphetamine (or crystal meth). Since they are very similar to other stimulant (upper) drugs like meth (ampheta- mine), they are very dangerous when used. "Bath salts" can be snorted, smoked, or even put in water and injected using a needle. They come in a variety of different and attractive packaging with enticing names like "Cloud Nine", "White Lightening." "Purple Rain", "Pixie Dust", and many more.

These drugs stimulate the nervous system (brain) and the cardiac system (heart). Severe symptoms may occur including convulsions, seizures, chest pain, excessive sweating, hallucination, anger/violence, suicidal

thoughts and action. The use of "bath salts" can cause heart attacks, permanent brain damage and scary hallucinations that can last for days or even weeks. Behavior can result in suicide or the harm to or killing of others.

While Chapter 130 of the Laws of 130 criminalized the sale of "bath salt" products containing Mephedrone and MDPV, a current practice of making minor alterations to chemicals to subvert statutes that prohibit distinct chemicals made it possible for slightly altered "bath salt" products to continue to be sold in New York State. In this new legis- lation, by adding substituted cathinones to the CSA based on founda- tional chemical structures, this loophole of chemical alteration would be closed. Not only will this bill provide criminal sanctions, but also makes it a felony to sell such product to a minor or on school grounds.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect 90 days after it shall have become a law, with provisions.