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Bill > A4814


NJ A4814

NJ A4814
Establishes tianeptine as Schedule II controlled dangerous substance.


summary

Introduced
09/19/2024
In Committee
02/13/2025
Crossed Over
02/27/2025
Passed
01/12/2026
Dead
Signed/Enacted/Adopted
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill would classify tianeptine, an antidepressant drug that can produce opioid-like effects and be similarly addicting to opioids, as a Schedule II controlled dangerous substance. Specifically, it would be placed on the Schedule II list as a form of "opiate," which is defined similarly in both the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et seq., and the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.), as any dangerous substance having addiction-forming or addiction-sustaining capabilities similar to morphine or being capable of conversion into a drug having such capabilities. See N.J.S.2C:35-2 and P.L.1970, c.226, s.2 (C.24:21-2). By categorizing tianeptine as a Schedule II opiate, it would be considered an illegal narcotic drug, see N.J.S.2C:35-2 (definition of "narcotic drug"), for which its manufacturing, distribution, or possession with intent to manufacture or distribute would be punishable as either a crime of the second degree if the act involved a quantity of one ounce or more or a crime of the third degree if the act involved less than one ounce. See N.J.S.2C:35-5, subsection b., paragraphs (4) and (5). A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. A crime of the third degree is punishable by a term of imprisonment of three to five years, or ordinarily a fine of up to $15,000, but the relevant provisions of N.J.S.2C:35-5 would permit the imposition of a fine of up to $75,000, and both imprisonment and a fine could be imposed. It would also be illegal to possess, be under the influence of, or fail to voluntarily deliver to a law enforcement officer any amount of tianeptine. See N.J.S.2C:35-10. Possession of the drug would be punishable as a crime of the third degree, with a term of imprisonment of three to five years, an enhanced fine of up to $35,000, or both. Being under the drug's influence and failing to turn over the drug to a law enforcement officer would both be graded as a disorderly persons offense, with a potential term of imprisonment of up to six months, a fine of up to $1,000, or both. The bill would take effect on the 30th day after the date of enactment.

AI Summary

This bill would classify tianeptine, an antidepressant drug that can produce opioid-like effects and be similarly addicting to opioids, as a Schedule II controlled dangerous substance. By categorizing tianeptine as a Schedule II opiate, it would be considered an illegal narcotic drug, and its manufacturing, distribution, or possession with intent to manufacture or distribute would be punishable as either a crime of the second degree if the act involved a quantity of one ounce or more or a crime of the third degree if the act involved less than one ounce. Possession of the drug would be punishable as a crime of the third degree, and being under the drug's influence or failing to turn it over to a law enforcement officer would be graded as a disorderly persons offense. The bill would take effect 30 days after the date of enactment.

Committee Categories

Justice

Sponsors (6)

Last Action

Approved P.L.2025, c.249. (on 01/12/2026)

bill text


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