ASSEMBLY, No. 2712
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 3, 1997
By Assemblymen BATEMAN, RUSSO and Geist
An Act concerning ketamine hydrochloride 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. a. Tests. The commissioner 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 commissioner pursuant to section 3d., 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 amount.
(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 commissioner may by regulation except any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections a. and b. 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.
2. This act shall take effect immediately.
STATEMENT
This bill amends the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.) to designate ketamine hydrochloride, also known as ketamine, as a Schedule III controlled dangerous substance.
Ketamine is a rapidly acting general anesthetic occurring as a white, crystalline powder, which is given intravenously or intramuscularly and may produce vivid and sometimes unpleasant dreams. Although this drug has an accepted use in veterinary medicine, it has been increasingly used by youths in this and other states as a street drug called "Special K," which leaves the user in a heavily sedated condition and has been documented to result in instances of coma and even death. Raids of popular dance clubs in New York and New Jersey have resulted in charges of club employees distributing the drug. The high produced by ketamine may include hallucinations, delirium and disorientation, and high doses may cause respiratory distress, vomiting, convulsions and an inability to move. The drug may also cause elevated blood pressure and pulse rate. Users report a high that is both dreamlike and energizing.
Ketamine is chemically similar to PCP. In its injectable form, it is sold under the brand names of Ketajet and Ketacet. Illegal users may either drink the drug in liquid form, mixing it with bottled water or other liquids, or, more commonly, may convert it into powder, which can be either snorted or sprinkled on marijuana cigarettes and smoked. When packaged in its powder form, ketamine appears similar to cocaine, heroine or crystal methamphetamine. Veterinarians can buy a vial of ketamine for about $7; however, a single dose of powder or liquid costs the abuser from $25 to $50.
Currently, the maximum penalty for possession of this drug is a disorderly persons offense (punishable by up to six months imprisonment or a fine of up to $1,000, or both), because ketamine is not classified as a controlled dangerous substance. This bill is intended to provide the law enforcement community with a more potent means of combating this growing problem.
Designates ketamine hydrochloride as a controlled dangerous substance.