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Health: Jun 2, 2011

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Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011

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Memo

BILL NUMBER:S3322

TITLE OF BILL: An act to amend the public health law, in relation to establishing certain additional substances as Schedule I opiate controlled substances

PURPOSE: To prohibit the sale or distribution of any product containing, 3,4-Methylenedioxyrnethcathinone (Methylone), 3,4Methyenedixypyrovalerone (MDPV), 4- Methymethcathinone (Mephedrone), 4- methoxymethcathinone, 4-Fluronnethcathinone, 3-Fluoromethcathinone.

SUMMARY OF PROVISIONS: Section One- Subdivision (b) of Schedule I of section 3306 of the public health law is amended by adding six new paragraphs 56,57,58,59,60 and 61.

Section Two- Sets forth the effective date.

JUSTIFICATION: Many recent news reports have brought to light the use of products claiming to be bath salts as a drug. Some of the names that the pseudo bath salts have been sold under are Cloud Nine, Scarface, White Dove, Charge +, White Lightning, Ivory Wave, Hurricane Charlie, Red Dove, and Ocean. These products can be purchased legally through the mail or on the Internet. The product is marketed as bath salts or plant food. However, through the Internet, consumers of this product are able to find out how to use this product as a drug.

This drug is snorted by users who then experience a high. However, it is being reported that users of this product are having disturbing side effects that are lasting days after ingesting drug. Some of the side effects include extreme paranoia, hallucinations, delusions, agitations, hypertension, chest pains, headaches and suicidal thoughts.

This bill will not outlaw true bath salts that are on the market. When comparing ingredients of real bath salts (Boots Botanics Invigorating Bath Salts, Burt's Bees Therapeutic Bath Crystals, etc) to the pseudo bath salts there is no mention of any of the following chemicals: 3,4-Methylenedioxymethcathinone (Methylone), 3,4Methyenedixypyrovalerone (MDPV), 4Methymethcathinone (Mephedrone), 4methoxymethcathinone, 4-Flurormethcathinone, 3-Fluoromethcathinone. In the fake bath salts at least one of the above chemicals is mentioned in the ingredients.

Products containing 3,4-Methylenedioxymethcathinone (Methylone), 3,4Methyenedixypyrovalerone (MDPV), 4- Methymethcathinone (Mephedrone), 4methoxymethcathinone, 4-Flurormethcathinone, 3-Fluoromethcathinone have already been banned in the United Kingdom as well as Australia and Canada, Florida, North Dakota and Louisiana has already banned these substances and there is pending legislation in Kentucky and Oklahoma as of January 2011.

LEGISLATIVE HISTORY:

 This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth (30) day after it shall have become law.

Text

STATE OF NEW YORK
________________________________________________________________________

3322

2011-2012 Regular Sessions

IN SENATE

February 16, 2011
___________

Introduced  by  Sens.  GRIFFO, FUSCHILLO, JOHNSON, MAZIARZ -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Health

AN ACT to amend the public  health  law,  in  relation  to  establishing
  certain   additional   substances  as  Schedule  I  opiate  controlled
  substances

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (b) of Schedule I of section 3306 of the public
health  law  is  amended by adding six new paragraphs 56, 57, 58, 59, 60
and 61 to read as follows:
  (56) 3,4-METHYLENEDIOXYMETHCATHINONE (METHYLONE).
  (57) 3,4-METHYENEDIXYPYROVALERONE (MDPV).
  (58) 4-METHYMETHCATHINONE (MEPHEDRONE).
  (59) 4-METHOXYMETHCATHINONE.
  (60) 4-FLUROMETHCATHINONE.
  (61) 3-FLUROMETHCATHINONE.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08960-01-1