A2176

An Act concerning controlled dangerous substances and amending Title 2C of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2011, c.120 (C.2C:35-5.3a) is amended to read as follows:

2. a. It is a crime for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute, or dispense substances containing: 4-methylmethcathinone (mephedrone, 4-MMC); 3,4-methylenedioxypyrovalerone (MDPV); 3,4-methylenedioxymethcathinone (methylone, MDMC), 4-methoxymethcathinone (methedrone, bk-PMMA, PMMC); 3-fluoromethcathinone (3-FMC); [or] 4-fluoromethcathinone (flephedrone, 4-FMC); or alpha-pyrrolidinopentiophenone (alpha-PVP).

b. A person who violates subsection a. of this section where the quantity involved is one ounce or more is guilty of a crime of the second degree.

c. A person who violates subsection a. of this section where the quantity involved is less than one ounce is guilty of a crime of the third degree.

(cf: P.L.2011, c.120, s.2)

2. Section 3 of P.L.2011, c.120 (C.2C:35-10.3a) is amended to read as follows:

3. a. It is a crime for any person, knowingly or purposely, to obtain, or to possess, substances containing: 4-methylmethcathinone (mephedrone, 4-MMC); 3,4-methylenedioxypyrovalerone (MDPV); 3,4-methylenedioxymethcathinone (methylone, MDMC), 4-methoxymethcathinone (methedrone, bk-PMMA, PMMC); 3-fluoromethcathinone (3-FMC); [or] 4-fluoromethcathinone (flephedrone, 4-FMC); or alpha-pyrrolidinopentiophenone (alpha-PVP).

b. A person who violates subsection a. of this section where the quantity involved is one ounce or more is guilty of a crime of the third degree.

c. A person who violates subsection a. of this section where the quantity involved is less than one ounce is guilty of a crime of the fourth degree.

(cf: P.L.2011, c.120, s.3)

3. This act shall take effect immediately.

STATEMENT

This bill would amend sections 2 and 3 of P.L.2011, c.120 (C.2C:35-5.3a) and (C.2C:35-10.3a), to criminalize possession and sale of the synthetic drug alpha-pyrrolidinopentiophenone (alpha-PVP), which is also known by names such as “flakka,” or “flocka.”

Like the other controlled substances prohibited under these sections, alpha-pyrrolidinopentiophenone (alpha-PVP) is commonly referred to as a “bath salt.” It is frequently marketed as a “legal” alterative to cocaine, methamphetamine, and MDMA, and has been sold at smoke shops, convenience stores, gas stations, and been made available for purchase on the Internet.

Under current law, a person is guilty of possessing, manufacturing, or selling substances which contain the following “bath salts”: 4-methylmethcathinone (mephedrone, 4-MMC); 3,4-methylenedioxypyrovalerone (MDPV); 3,4-methylenedioxymethcathinone (methylone, MDMC), 4-methoxymethcathinone (methedrone, bk-PMMA, PMMC); 3-fluoromethcathinone (3-FMC); or 4-fluoromethcathinone (flephedrone, 4-FMC). The bill would also make it illegal to possess, manufacture, or sell substances containing alpha-pyrrolidinopentiophenone (alpha-PVP).

Alpha-pyrrolidinopentiophenone (alpha-PVP) has been identified as an analogue of 3,4-methylenedioxypyrovalerone (MDPV). According to the U.S. Drug Enforcement Administration (DEA), products containing alpha-pyrrolidinopentiophenone (alpha-PVP) first emerged on the illicit drug market in the United States in 2011, when 3,4-methylenedioxypyrovalerone (MDPV) and 3,4-methylenedioxymethcathinone (methylone, MDMC) were first banned by the DEA.

Like the other “bath salts” banned under sections 2 and 3 of P.L.2011, c.120 (C.2C:35-5.3a) and (C.2C:35-10.3a), alpha-pyrrolidinopentiophenone (alpha-PVP) is considered highly addictive and has been associated with increased blood pressure and heart rate, hallucinations, paranoia, delusions, tachycardia, headache, teeth grinding, palpitations, and anxiety. The DEA indicates there have been documented reports of emergency room admissions, violent behaviors causing harm to self or others, and death related to abuse of alpha-pyrrolidinopentiophenone (alpha-PVP).

The U.S. Drug Enforcement Administration temporarily scheduled alpha-pyrrolidinopentiophenone (alpha-PVP) into Schedule I of the Controlled Substances Act on March 7, 2014. Schedule I substances are substances that have a high potential for abuse and no accepted medical use in treatment in the United States. Schedule I substances are subject to the strictest level of control.

This bill would make it a crime of the second degree to manufacture, distribute or dispense, or possess or have under one’s control with intent to manufacture, distribute, or dispense, a substance containing alpha-pyrrolidinopentiophenone (alpha-PVP) in an amount of one ounce or more. A crime of the second degree is punishable by imprisonment for a term of five to 10 years, a fine of up to $150,000, or both.

It would be a crime of the third degree to manufacture, distribute or dispense, or possess or have under one’s control with intent to manufacture, distribute, or dispense, a substance containing alpha-pyrrolidinopentiophenone (alpha-PVP) in an amount of less than one ounce. A crime of the third degree is punishable by imprisonment for a term of three to five years, a fine of up to $15,000, or both.

Under the bill, the possession of one ounce or more of a substance containing alpha-pyrrolidinopentiophenone (alpha-PVP) would be a crime of the third degree, and possession of less than one ounce would be a crime of the fourth degree. A crime of the fourth degree is punishable by imprisonment for a term of up to 18 months, a fine of up to $10,000, or both.

Consistent with current State law banning the possession or sale of “bath salts,” alpha-pyrrolidinopentiophenone (alpha-PVP) would not be considered a Schedule I substance.

This bill would take effect immediately.