Senator STEPHEN M. SWEENEY
District 3 (Salem, Cumberland and Gloucester)
Criminalizes the manufacture, distribution and possession of Salvia divinorum.
CURRENT VERSION OF TEXT
An Act concerning controlled substances and amending P.L.1970, c.226.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1970, c.226 (C.24:21-5) is amended to read as follows:
5. Schedule I.
a. Tests. The commissioner shall place a substance in Schedule I if he finds that the substance: (1) has high potential for abuse; and (2) has no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision.
b. The controlled dangerous substances listed in this section are included in Schedule I, subject to any revision and republishing by the commissioner pursuant to section 3d, and except to the extent provided in any other schedule.
c. Any of the following opiates, including their isomers, esters, and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:
(19) Dioxaphetyl butyrate
d. Any of the following narcotic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(5) Codeine methylbromide
(15) Morphine methylbromide
(16) Morphine methylsulfonate
e. Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) 3,4-methylenedioxy amphetamine
(2) 5-methoxy-3,4-methylenedioxy amphetamine
(3) 3,4,5-trimethoxy amphetamine
(9) Lysergic acid diethylamide
(13) N-ethyl-3-piperidyl benzilate
(14) N-methyl-3-piperidyl benzilate
(18) Salvia divinorum
(19) Salvinorin A. .
(cf: P.L.1970, c. 226, s. 5)
2. This act shall take effect on the 60th day following enactment.
Salvia divinorum is gaining increased attention as a drug of abuse. It is a perennial herb that is native to parts of Mexico and can be grown indoors. When the plant or its extract, Salvinorin A, is ingested or smoked, it causes vivid hallucinations and confusion. According to the federal Drug Enforcement Administration, Salvia divinorum is sold over the Internet and in some “head shops.” Possession and distribution of Salvia divinorum is not barred by federal or New Jersey law. The states of Missouri and Louisiana have recently enacted statutes criminalizing possession and distribution of this substance, and several other states are considering similar legislation.
This bill would amend N.J.S.A.24:21-5 to classify Salvia divinorum and Salvinorin A as Schedule I controlled substances in New Jersey. A Schedule I substance has (1) high potential for abuse; and (2) no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision. Other substances listed in Schedule I include mescaline, peyote and LSD. Under the Criminal Code, persons who manufacture, distribute, dispense or possess Schedule I substances are subject to imprisonment and fines under the “Comprehensive Drug Reform Act of 1987” (N.J.S.A.2C:35-1 et seq.).