Bill Text: NJ A3677 | 2012-2013 | Regular Session | Introduced
Bill Title: Designates ephedrine and pseudoephedrine as Schedule III controlled dangerous substances.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-01-14 - Introduced, Referred to Assembly Health and Senior Services Committee [A3677 Detail]
Download: New_Jersey-2012-A3677-Introduced.html
Sponsored by:
Assemblywoman MARLENE CARIDE
District 36 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman S.Connors
SYNOPSIS
Designates ephedrine and pseudoephedrine as Schedule III controlled dangerous substances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning ephedrine and pseudoephedrine and amending P.L.1970, c.226.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.1970, c.226 (C.24:21-7) is amended to read as follows:
7. Schedule III.
a. Tests. The director shall place a substance in Schedule III if he finds that the substance: (1) has a potential for abuse less than the substances listed in Schedules I and II; (2) has currently accepted medical use in treatment in the United States; and (3) abuse may lead to moderate or low physical dependence or high psychological dependence.
b. The controlled dangerous substances listed in this section are included in Schedule III, 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 material, compound, mixture, or preparation which contains any quantity of the following substances associated with a stimulant effect on the central nervous system:
(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers.
(2) Phenmetrazine and its salts.
(3) Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers.
(4) Methylphenidate.
d. Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules
(2) Chlorhexadol
(3) Glutethimide
(4) Lysergic acid
(5) Lysergic acid amide
(6) Methyprylon
(7) Phencyclidine
(8) Sulfondiethylmethane
(9) Sulfonethylmethane
(10) Sulfonmethane
(11) Ketamine hydrochloride.
e. Nalorphine.
f. Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:
(1) Not more than 1.80 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium.
(2) Not more than 1.80 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(3) Not more than 300 milligrams of dihydrocodeinone or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit, with a four-fold or greater quantity of an isoquinoline alkaloid of opium.
(4) Not more than 300 milligrams of dihydrocodeinone or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(5) Not more than 1.80 grams of dihydrocodeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(6) Not more than 300 milligrams of ethylmorphine or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(7) Not more than 500 milligrams of opium or any of its salts per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(8) Not more than 50 milligrams of morphine or any of its salts per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
g. The director may by regulation except any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections c. and d. of this schedule from the application of all or any part of this act if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system; provided, that such admixtures shall be included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a stimulant or depressant effect on the central nervous system.
h. In addition to the substances listed above, ephedrine and pseudoephedrine and their salts, optical isomers, and salts of their optical isomers are classified as Schedule III controlled dangerous substances. Notwithstanding the provisions of section 3 of P.L.1970, c.226 (C.24:21-3) to the contrary, the director shall not exempt a product containing ephedrine or pseudoephedrine, or any of their salts, optical isomers, or salts of their optical isomers from classification as a controlled dangerous substance unless the director has determined that the product is formulated to effectively prevent conversion of the product into methamphetamine or its salts, optical isomers, salts of its optical isomers, or any of its immediate precursors.
(cf: P.L.2007, c.244, s.5)
2. This act shall take effect immediately.
STATEMENT
This bill classifies ephedrine and pseudoephedrine as Schedule III controlled dangerous substances, which cannot be dispensed by a pharmacist without a prescription from a licensed health care practitioner.
Ephedrine and pseudoephedrine are both chemical precursors to methamphetamine, a highly addictive stimulant often used as a recreational drug. Methamphetamine can be created in home laboratories using ephedrine or pseudoephedrine, which are the active ingredients in several over-the-counter decongestant medications. In addition to the public health problems associated with methamphetamine abuse, methamphetamine laboratories produce dangerous and flammable chemical vapors which may pose hazards to methamphetamine cooks, their families, and first responders at the site of a laboratory fire.
This bill is intended to restrict the supply of the chemical ingredients used to produce methamphetamine at home laboratories. A 2006 Oregon law that designated ephedrine and pseudoephedrine as prescription drugs is considered to have been an extremely effective measure in combating the methamphetamine epidemic in that state, reducing the number of methamphetamine lab seizures from 467 in 2004 to 12 in 2009.
