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  • NJ A2176
  • Criminalizes possession and sale of alpha-pyrrolidinopentiophenone (alpha-PVP) commonly known as "flakka," or "flocka."
Introduced
(1/27/2016)
In Committee
(6/1/2017)
Crossed Over
(6/22/2017)
Passed
(6/26/2017)
Signed
(8/7/2017)
Dead/Failed/Vetoed
2016-2017 Regular Session
This bill would amend sections 2 and 3 of P.L.2011, c.120 (C.2C:35-5.3a) and (C.2C:35-10.3a), to criminalize possession and sale of the synthetic drug alpha-pyrrolidinopentiophenone (alpha-PVP), which is also known by names such as "flakka," or "flocka." Like the other controlled substances prohibited under these sections, alpha-pyrrolidinopentiophenone (alpha-PVP) is commonly referred to as a "bath salt." It is frequently marketed as a "legal" alterative to cocaine, methamphetamine, and MDMA, and has been sold at smoke shops, convenience stores, gas stations, and been made available for purchase on the Internet. Under current law, a person is guilty of possessing, manufacturing, or selling substances which contain the following "bath salts": 4-methylmethcathinone (mephedrone, 4-MMC); 3,4-methylenedioxypyrovalerone (MDPV); 3,4-methylenedioxymethcathinone (methylone, MDMC), 4-methoxymethcathinone (methedrone, bk-PMMA, PMMC); 3-fluoromethcathinone (3-FMC); or 4-fluoromethcathinone (flephedrone, 4-FMC). The bill would also make it illegal to possess, manufacture, or sell substances containing alpha-pyrrolidinopentiophenone (alpha-PVP). Alpha-pyrrolidinopentiophenone (alpha-PVP) has been identified as an analogue of 3,4-methylenedioxypyrovalerone (MDPV). According to the U.S. Drug Enforcement Administration (DEA), products containing alpha-pyrrolidinopentiophenone (alpha-PVP) first emerged on the illicit drug market in the United States in 2011, when 3,4-methylenedioxypyrovalerone (MDPV) and 3,4-methylenedioxymethcathinone (methylone, MDMC) were first banned by the DEA. Like the other "bath salts" banned under sections 2 and 3 of P.L.2011, c.120 (C.2C:35-5.3a) and (C.2C:35-10.3a), alpha-pyrrolidinopentiophenone (alpha-PVP) is considered highly addictive and has been associated with increased blood pressure and heart rate, hallucinations, paranoia, delusions, tachycardia, headache, teeth grinding, palpitations, and anxiety. The DEA indicates there have been documented reports of emergency room admissions, violent behaviors causing harm to self or others, and death related to abuse of alpha-pyrrolidinopentiophenone (alpha-PVP). The U.S. Drug Enforcement Administration temporarily scheduled alpha-pyrrolidinopentiophenone (alpha-PVP) into Schedule I of the Controlled Substances Act on March 7, 2014. Schedule I substances are substances that have a high potential for abuse and no accepted medical use in treatment in the United States. Schedule I substances are subject to the strictest level of control. This bill would make it a crime of the second degree to manufacture, distribute or dispense, or possess or have under one's control with intent to manufacture, distribute, or dispense, a substance containing alpha-pyrrolidinopentiophenone (alpha-PVP) in an amount of one ounce or more. A crime of the second degree is punishable by imprisonment for a term of five to 10 years, a fine of up to $150,000, or both. It would be a crime of the third degree to manufacture, distribute or dispense, or possess or have under one's control with intent to manufacture, distribute, or dispense, a substance containing alpha-pyrrolidinopentiophenone (alpha-PVP) in an amount of less than one ounce. A crime of the third degree is punishable by imprisonment for a term of three to five years, a fine of up to $15,000, or both. Under the bill, the possession of one ounce or more of a substance containing alpha-pyrrolidinopentiophenone (alpha-PVP) would be a crime of the third degree, and possession of less than one ounce would be a crime of the fourth degree. A crime of the fourth degree is punishable by imprisonment for a term of up to 18 months, a fine of up to $10,000, or both. Consistent with current State law banning the possession or sale of "bath salts," alpha-pyrrolidinopentiophenone (alpha-PVP) would not be considered a Schedule I substance. This bill would take effect immediately.
2nd Reading in the Assembly, 2nd Reading in the Senate, Bills and Joint Resolutions Signed by the Governor, Law and Public Safety, Passed Assembly, Passed both Houses
Approved P.L.2017, c.209.  (on 8/7/2017)
 
 

Date Chamber Action Description
8/7/2017 S Approved P.L.2017, c.209.
6/26/2017 S Passed Senate (Passed Both Houses) (39-0)
6/26/2017 S Substituted for S156
6/22/2017 S Received in the Senate without Reference, 2nd Reading
6/22/2017 A Passed by the Assembly (71-3-0)
6/1/2017 A Reported out of Assembly Committee, 2nd Reading
6/1/2017 Assembly Appropriations Hearing (19:00 6/1/2017 A-4496 and S-2834 (1R) are both pending referral.)
2/27/2017 A Reported and Referred to Assembly Appropriations Committee
2/27/2017 Assembly Law and Public Safety Hearing (19:00 2/27/2017 )
1/27/2016 A Introduced, Referred to Assembly Law and Public Safety Committee
Date Motion Yea Nay Other
Detail 6/26/2017 Senate Floor: Third Reading - Final Passage 39 0 1
Detail 6/26/2017 Senate Floor: Substitute For S156 (Voice Vote) 0 0 0
Detail 6/22/2017 Assembly Floor: Third Reading - Final Passage 71 3 6
Detail 6/1/2017 Assembly Appropriations Committee: Reported Favorably 9 0 2
Detail 2/27/2017 Assembly Law and Public Safety Committee: Reported Favorably 8 1 0