ASSEMBLY, No. 5445

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MAY 23, 2019

 


 

Sponsored by:

Assemblywoman  LISA SWAIN

District 38 (Bergen and Passaic)

Assemblyman  P. CHRISTOPHER TULLY

District 38 (Bergen and Passaic)

Assemblyman  WILLIAM W. SPEARMAN

District 5 (Camden and Gloucester)

 

Co-Sponsored by:

Assemblywoman Vainieri Huttle, Assemblyman Houghtaling, Assemblywomen Downey, Lopez, Assemblymen Space, Wirths and Verrelli

 

 

 

 

SYNOPSIS

     Requires AG to establish program to detect fentanyl in State’s illegal drug supply and make information related to presence of fentanyl available in database accessible by law enforcement.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning the testing of illegal substances seized by law enforcement and supplementing Title 52 of the Revised Statutes.

 

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

 

     1.    a. The Attorney General, in consultation with the Commissioner of Health, shall establish a program to monitor trends related to the presence and content of fentanyl in illegal substances seized by law enforcement throughout the State.  In order to identify these trends, the Attorney General shall require all controlled dangerous substances seized by law enforcement officers in the State to be tested for the presence of fentanyl. 

     b.    The seized substances shall be tested to determine whether fentanyl is present in the substance and, if so, any available information related to the presence and content of fentanyl in the substance shall be reported to the Attorney General in a timely manner.

     c.     The testing shall be performed using the most current drug testing techniques available including, but not limited to, fentanyl testing strips, in order to evaluate whether a substance contains fentanyl.

     d.    The information received pursuant to subsection b. of this section shall be compiled into a database that is accessible by all law enforcement agencies throughout the State.  The information shall be continuously updated to reflect the most current information available concerning the presence of fentanyl in illegal substances in the State.

 

     2.    This act shall take effect on the first day of the fourth month next following the date of enactment.

 

 

STATEMENT

 

     This bill requires the Attorney General, in consultation with the Commissioner of Health, to establish a program to detect fentanyl in the State’s illegal drug supply and make information related to the presence of fentanyl available in a database that is accessible by law enforcement.

     Fentanyl is a synthetic opioid that can be up to 25 times more powerful than heroin.  Fentanyl-related drug overdose deaths in New Jersey have increased dramatically.  In 2017, there were 1,969 drug overdose deaths involving opioids in New Jersey, which is 50% higher than the national rate.  The greatest increase in opioid deaths was seen in cases involving synthetic opioids, mainly fentanyl, with a rise from 38 deaths in 2012 to 1,376 deaths in 2017. 

     Making information concerning trends related to the presence and content of fentanyl in the State’s illegal drug supply available could help reduce the risk of overdose.  Drug checking, also known as pill testing or adulterant screening, facilitates the identification of illegal substances in illegal substances.  Simple identification methods, such as reagents and drug testing strips, can help prevent drug-related injury and overdose.  A February 2018 John Hopkins University study showed that the testing strips, which cost about one to two dollars per test, could detect the presence of fentanyl nearly 100 percent of the time.  

     This bill requires the Attorney General to establish a program for testing all controlled dangerous substances seized by law enforcement officers in the State for the presence of fentanyl.  Any available information related to the presence and content of fentanyl in the substance tested is to be reported to the Attorney General in a timely manner.  The testing is to be performed using the most current drug testing techniques available including, but not limited to, fentanyl testing strips, to evaluate the presence of fentanyl in a substance.

     The information received as a result of the testing is to be compiled into a database that is accessible by all law enforcement agencies throughout the State.  The information shall be continuously updated to reflect the most current information available concerning the presence of fentanyl in illegal substances in the State.