SENATE, No. 1851

STATE OF NEW JERSEY

INTRODUCED MARCH 3, 1997

By Senators KYRILLOS, KOSCO and Cafiero

An Act concerning the drug flunitrazepam and supplementing chapter 35 of Title 2C of the New Jersey Statutes.

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

    1. a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be a crime of the first degree 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,

flunitrazepam.

    b. It is a crime of the second degree for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, flunitrazepam, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.).

    2. This act shall take effect immediately.

STATEMENT

    This bill criminalizes the possession of Rohypnol (flunitrazepam), a drug that has reportedly been used to facilitate sexual assaults. Rohypnol is tasteless and odorless, and can be slipped into a victim's drink so that the victim unknowingly ingests it. The drug is capable not only of rendering the victim helpless, but also of causing the victim to have no memory of the attack.

    The possession and distribution of Rohypnol were recently criminalized under Federal law pursuant to P.L.104-305 (enacted October 13, 1996). This bill would implement similar penalties on the State level.

    Under the bill, the manufacture, distribution, or possession with intent to distribute Rohypnol would be a crime of the first degree. A crime of the first degree is punishable by a term of imprisonment of up to 10 to 20 years or a fine of up to $100,000, or both. The bill also provides that possession of Rohypnol would be a crime of the second degree. A crime of the second degree is punishable by a term of imprisonment of up to five to ten years or a fine of up to $100,000, or both.

Criminalizes possession and distribution of Rohypnol.