[Passed Both Houses]

 

[Corrected Copy]

 

[First Reprint]

SENATE, No. 1772

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 14, 1997

 

 

By Senators KYRILLOS, SINAGRA, Inverso, Matheussen, Kosco, Palaia, Sacco, Assemblymen Bateman, Russo, Geist, Zisa and Assemblywoman Buono

 

 

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[1. Section 6 of P.L.1970, c.226 (C.24:21-6) is amended to read as follows:

    6. a. Tests. The commissioner shall place a substance in Schedule II if he finds that the substance: (1) has high potential abuse; (2) has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and (3) abuse may lead to severe psychic or physical dependence.

    b. The controlled dangerous substances listed in this section are included in Schedule II, 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 substances except those narcotic drugs listed in other schedules whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

    (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.

    (2) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause 1, except that these substances shall not include the isoquinaline alkaloids of opium.

    (3) Opium poppy and poppy straw.

    (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extractions which do not contain cocaine or ecogine.

    (5) Ketamine hydrochloride.

    d. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:

    (1) Alphaprodine

    (2) Anileridine

    (3) Bezitramide

    (4) Dihydrocodeine

    (5) Diphenoxylate

    (6) Fentanyl

    (7) Isomethadone

    (8) Levomethorphan

    (9) Levorphanol

    (10) Metazocine

    (11) Methadone

    (12) Methadone--Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane

    (13) Moramide--Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid

    (14) Pethidine

    (15)  Pethidine--Intermediate--A, 4-cyano-1-methyl-4-phenylpiperidine

    (16) Pethidine--Intermediate--B, ethyl-4-phenylpiperidine-4-

carboxylate

    (17) Pethidine--Intermediate--C, 1-methyl-4-phenylpiperidine-4-

carboxylic acid

    (18) Phenazocine

    (19) Piminodine

    (20) Racemethorphan

    (21) Racemorphan.

(cf: P.L.1970, c.226, s.6)]1

 

    11. Section 7 of P.L.1970, c.226 (C.24:21-7) is amended to read as follows:

     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.1

 

    2. This act shall take effect immediately.

 

 

                             

 

Designates ketamine hydrochloride as a controlled dangerous substance.