NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A717A
SPONSOR: Braunstein
 
TITLE OF BILL: An act to amend the public health law, in relation to
establishing certain substances as schedule I stimulants controlled
substances
 
PURPOSE OR GENERAL IDEA OF BILL:
To classify substituted cathinones (these products, often referred to as
"bath salts," chemically related to methamphetamines and ecstasy - which
are both classified as stimulants) as Schedule I stimulant controlled
substances.
 
CURRENT LAW:
Chapter 130 of the Laws of 2011 banned the sale or distribution of any
product containing Mephedrone and MDPV which were marketed as "bath
salts."
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the Public Health Law and Penal Law to add the
following substituted cathinones to the CSA based on chemical struc-
tures:
1) Mephedrone
2) MDPV
3) Methylone
4) 4-Methoxymethcathinone
5) 3-Fluoromethcathinone
6) 4-Fluoromethcathinone
7) Ethylpropion
8) 2- (2, 5-Dimethoxy-4-ethylphenyl) ethanamine
9) 2- (2,5-Dimethoxy-4-methylphenyl) ethanamine
10) 2- (4-Chloro-2, 5-dimethoxyphenyl) ethanamine
11) 2- (4-Iodo-2, 5-dimethoxyphenyl) ethanamine
12) 2-{4- (Ethylthio) -2,5-dimethoxyphenyl}ethanamine
13) 2- {4- (Isopropylthio) -2,5-diomethoxyphenyl} ethanamine
14) 2- (2, 5-Dimethoxyphenyl) ethanamine
15) 2- (2, 5-Dimethoxy-4-nitro-phenyl) ethanamine
16) 2- (2,5-Dimethoxy-4- (n) -propylphenyl) ethanamine
Section 2.
Provides for the effective date.
 
JUSTIFICATION:
Many recent and disturbing news reports have brought to light the
continued danger of a drug like product known as "bath salts." Acording
to UPSTATE Medical University and the Upstate New York Poison Center
"bath salts" is a common term used for man-made stimulant (upper) drugs
that are similar to "ICE" methamphetamine (or crystal meth). Since they
are very similar to other stimulant (upper) drugs like meth (ampheta-
mine), they are very dangerous when used. "Bath salts" can be snorted,
smoked, or even put in water and injected using a needle. They come in a
variety of different and attractive packaging with enticing names Eke
"Cloud Nine", "White Lightening", "Purple Rain", "Pixie Dust", and many
more.
These drugs stimulate the nervous system (brain) and the cardiac system
(heart). Severe symptoms may occur including convulsions, seizures,
chest pain, excessive sweating, hallucination, anger/violence, suicidal
thoughts and action. The use of "bath salts" can cause heart attacks,
permanent brain damage and scary hallucinations that can last for days
or even weeks. Behavior can result in suicide or the harm to or killing
of others.
While Chapter 130 of the Laws of 130 criminalized the sale of "bath
salt" products containing Mephedrone and MDPV, a current practice of
making minor alterations to chemicals to subvert statutes that prohibit
distinct chemicals made it possible for slightly altered "bath salt"
products to continue to be sold in New York State. In this new legis-
lation, by adding substituted cathinones to the CSA based on founda-
tional chemical structures, this loophole of chemical alteration would
be closed. Not only will this bill provide criminal sanctions, but also
makes it a felony to sell such product to a minor or on school grounds.
 
PRIOR LEGISLATIVE HISTORY:
2011-2012: S.7826/A,10803 - referred to health
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect 90 days after it shall have become a law,
with provisions,