Establishes certain substances as schedule I stimulants controlled substances

BILL NUMBER:S3469A

Title of bill

An act to amend the public health law, in relation to establishing certain substances as schedule I stimulants controlled substances

Purpose or general idea of bill

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.

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 specific provisions

Section 1. Amends the Public Health Law and Penal Law to add the following substituted cathinones to the CSA based on chemical structures: 1) Mephedrone 2) MDPV 3) Methylone 4) 4-Methoxymethcathinone 5) 3-Fluoromethcathinone 6) 4-Fluoromethcathinone 7) Ethylpropion 8) 2- (2, 5-Dimethoxy-4-ethylphenyl) ethanamine 9) 2- (2,5-Dimethoxy-4-methylphenyl) ethanamine 10) 2- (4-Chloro-2, 5-dimethoxyphenyl) ethanamine 11) 2- (4-Iodo-2, 5-dimethoxyphenyl) ethanamine 12) 2- (4- (Ethylthio) -2,5-dimethoxyphenyl) ethanamine 13) 2- (4- (Isopropylthio) -2,5-diomethoxyphenyl) ethanamine 14) 2- (2, 5-Dimethoxyphenyl) ethanamine 15) 2- (2, 5-Dimethoxy-4-nitro-phenyl) ethanamine 16) 2- (2,5-Dimethoxy-4- (n) -propylphenyl) ethanamine

Section 2. Provides for the effective date.

Justification

Many recent and disturbing news reports have brought to light the continued danger of a drug like product known as "bath salts." According 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 (amphetamine), 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 legislation, by adding substituted cathinones to the CSA based on foundational 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.

Prior legislative history

2011-2012: S.7826/A.10803 - referred to health

Fiscal implications

None.

Effective date

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