Bill S4743-2015

Designates alpha-PVP, its salts, optical isomers and salts of optical isomers, as schedule I stimulant controlled substances

Designates alpha-PVP, its salts, optical isomers and salts of optical isomers, as schedule I stimulant controlled substances.

Details

Actions

  • May 20, 2015: 2ND REPORT CAL.
  • May 19, 2015: 1ST REPORT CAL.823
  • Apr 15, 2015: REFERRED TO HEALTH

Votes

VOTE: COMMITTEE VOTE: - Health - May 19, 2015
Ayes (16): Hannon, Valesky, Farley, Felder, Golden, Larkin, Little, Martins, Murphy, Seward, Young, Rivera, Hassell-Thompson, Hoylman, Panepinto, Stavisky
Ayes W/R (1): Montgomery

Memo

BILL NUMBER:S4743

TITLE OF BILL:

An act to amend the public health law, in relation to designating alpha-PVP as a schedule I stimulant controlled substance

PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the sale or distribution of any product containing alpha-PVP, also known as Flakka, also known as gravel

SUMMARY OF SPECIFIC PROVISIONS:

Section one subdivision (f) of schedule I of section 3306 of the public health law is amended by adding a new paragraph 25

Section two sets forth the effective date

JUSTIFICATION:

Many recent news reports have brought to light the use of a new drug similar to bath salts and methamphetamine called Flakka or Gravel. It is one of the newer chemicals in the synthetic or designer drug category, made from a compound called alpha-PVP, a chemical cousin of cathinone, the amphetamine-like drug found in bath salts. People who use these drugs experience powerful reactions and often violent behavior. Side effects can include: nausea, vomiting, paranoia, hallucinations, delusions, suicidal thoughts, seizures, chest pains, and increased blood pressure and heart rate.

In July 2011, S3322B/Chapter 130 banned the sale or distribution of any product containing Mephedrone and MDPV which were marketed as "bath salts." While this criminalized the sale of "bath salt" products containing Mephedrone and MDPV, a practice of making minor alterations to chemicals to subvert statutes that prohibit distinct chemicals made it possible for slightly altered products to continue to be sold in New York state. In September 2013, a new law S3469A/Chapter 341 was signed adding more chemical compounds - the type of compounds used to make these bath salt drugs - to the state's banned substances list. The law imposes criminal penalties on those who sell, use and/or possess these drugs, and also Makes it a felony to sell the substances to a minor or on school grounds.

Drug makers and suppliers have a practice of making minor alterations to chemicals to subvert statutes that prohibit distinct chemicals, making it possible for slightly altered products to continue to be sold in New York state unless new legislation is passed adding the compound to the illegal substance schedules. Flakka, also known around the country as "gravel" can be snorted, smoke, injected or swallowed, or can be combined with other drugs, such as marijuana. Like cocaine and meth, Flakka comes with a comedown, often resulting in users returning to the drug to get rid of the negative comedown feeling, jump-starting a cycle of use that can lead to abuse. It may alter brain chemistry in a way that makes users require a larger and larger dose to get the same high. At high doses, Flakka may also cause the

body to reach high temperatures which may lead to severe physical complications like kidney damage and muscle breakdown.

Excessive use of this drug has been linked with feelings of extreme anxiety, paranoia, and hallucinations. Most recently in Florida, there has been an instance of a man high on Flakka kicking in a door at a police station while in a separate instance a man impaled himself on a police fence when he tried to scale it. Since suppliers continue to create more drugs with slightly different properties to skirt the definition of what is illegal, New York State needs to add Flakka or Gravel to the illegal substances schedules.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have become law


Text

STATE OF NEW YORK ________________________________________________________________________ 4743 2015-2016 Regular Sessions IN SENATE April 15, 2015 ___________
Introduced by Sen. FUNKE -- 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 designating alpha-PVP as a schedule I stimulant controlled substance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (f) of schedule I of section 3306 of the public health law is amended by adding a new paragraph 25 to read as follows: (25) ALPHA-PVP, ITS SALTS, OPTICAL ISOMERS AND SALTS OF OPTICAL ISOM- ERS. S 2. This act shall take effect on the ninetieth day after it shall have become a law.

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