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RULE PROPOSALS
VOLUME 44, ISSUE 15
ISSUE DATE: AUGUST 6, 2012
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
CONTROLLED DANGEROUS SUBSTANCES

 

44 N.J.R. 2038(a)

Proposed Amendment: N.J.A.C. 13:45H-10.1

Schedules of Controlled Dangerous Substances
 
Authorized By: Eric T. Kanefsky, Acting Director, Division of Consumer Affairs.
 
Authority: N.J.S.A. 24:21-3.a. and 24:21-5.a.
 
Calendar Reference: See Summary below for explanation of exception to the calendar requirement.
 
Proposal Number: PRN 2012-105.
 
Submit comments by October 5, 2012 to:
   Eric T. Kanefsky, Acting Director
   Division of Consumer Affairs
   124 Halsey Street
   P.O. Box 45027
   Newark, New Jersey 07101
 
The agency proposal follows:
 
Summary
The Acting Director of the Division of Consumer Affairs, pursuant to his authority under N.J.S.A. 24:21-31.b.(3)(a) of the New Jersey Controlled Dangerous Substances Act (the Act), is proposing to amend the controlled dangerous substances schedules set forth in N.J.A.C. 13:45H-10.1 to permanently place synthetic cannabinoids in Schedule I under the Act.
On February 28, 2012, the Division issued an order to temporarily place synthetic cannabinoids in Schedule I. These chemicals have been marketed and sold as herbal mixtures, potpourri, or incense, with brand names such as "Spice," "K2," "Blaze," and "Red Dawn X" in New Jersey and throughout the United States. Often they carry a "not for human consumption" label, but these products are produced for the sole purpose of mimicking the effects of marijuana -- a Schedule I substance under Federal and New Jersey law -- when smoked or ingested. Certain synthetic cannabinoid products are reportedly more potent than marijuana, and use of such products has been reported to produce significant, negative effects on the central nervous system and cardiovascular system, including increased blood pressure and heart rate, vomiting, disorientation, and convulsions. Users of these products have also reportedly experienced negative psychological side effects, such as anxiety attacks, agitation, hallucinations, psychotic episodes, and violent outbursts.
Placing synthetic cannabinoids in Schedule I makes the possession, sale, and distribution of products containing these substances unlawful. Specifically, under N.J.S.A. 2C:35-5, a person who manufactures, distributes, dispenses, or possesses with the intent to manufacture, distribute, or dispense, a Schedule I substance is guilty of a third degree crime, punishable by three to five years in prison, and a penalty of up to $ 25,000. Under N.J.S.A. 2C:35-10, possession of a Schedule I substance is a crime of the third degree, punishable by three to five years in prison and a penalty of up to $ 35,000.
The Division notes that the proposed amendment, as well as the emergency order, places in Schedule I not only specific synthetic cannabinoid products that are currently available, but also general structural classes of cannabinoids from which new synthetic cannabinoid products, with altered chemical structures, may emerge.
The Division's temporary scheduling order is set to expire on November 28, 2012. Consistent with the requirements of N.J.S.A. 24:21-31.b.(3)(a), the Acting Director held a public hearing on May 10, 2012, to take testimony from interested parties concerning his intention to permanently place synthetic cannabinoids in Schedule I. A notice concerning the issuance of the temporary order and the public hearing appeared in the New Jersey Register on March 19, 2012, at 44 N.J.R. 940(a). Although no members of the public presented testimony at the hearing, the Division received written submissions from the Medical Society of New Jersey and from a mother of a teenage son who has abused synthetic cannabinoids, expressing support for the Division's intention to permanently schedule such substances.
In light of the high potential for abuse associated with synthetic cannabinoids, the Acting Director believes the permanent placement of these substances in Schedule I is appropriate under N.J.S.A. 24:21-5.a. of the Act, and is necessary to combat the danger to the health, safety, and welfare of the people of the State of New Jersey posed by the use, sale, and distribution of synthetic cannabinoid products.
The Division has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
 
Social Impact
The Division believes that the proposed amendment will have a positive impact upon the citizens of New Jersey. Placing synthetic cannabinoids in Schedule I under the State Controlled Dangerous Substances Act will subject these substances to the strictest level of State oversight and control, helping to decrease their availability, thereby helping to safeguard the public health, safety, and welfare of New Jersey citizens.
 
Economic Impact
The proposed amendment may have any economic impact on businesses that, prior to the execution of the Division's temporary scheduling order, sold products containing substances now included in Schedule I under the State Controlled Dangerous Substance Act. The proposed amendment will preclude such businesses from selling any products containing these substances on a permanent basis.
 
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendment is governed by the New Jersey Controlled Dangerous Substances Act, N.J.S.A. 24:21-1 et seq., specifically N.J.S.A. 24:21-3.a. and 24:21-5.a. Although New Jersey has adopted, in N.J.A.C. 13:45H-10.1(a), the Federal controlled dangerous substances Schedules I through V codified at 21 CFR 1308.11 through 1308.15, as amended and supplemented, the Acting Director is authorized under N.J.S.A. 24:21-3 to add, delete, or reschedule substances under the New Jersey Controlled Dangerous Substances Act.
 
Jobs Impact
The Division does not believe that the proposed amendment will result in the creation or the loss of jobs in the State.
 
Agriculture Industry Impact
The Division does not believe that the proposed amendment will have any impact on the agriculture industry of the State.
 
Regulatory Flexibility Analysis
If New Jersey retail establishments that sell synthetic cannabinoid products are considered "small businesses" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies.
The proposed amendment will impose compliance requirements upon such businesses to the extent that placing these substances on the list of Schedule I substances under the New Jersey Controlled Dangerous Substances Act will make it unlawful, on a permanent basis, for businesses to sell or distribute products containing these chemicals.
No additional professional services will be needed to comply with the proposed amendment. The costs of compliance with the proposed amendment are discussed in the Economic Impact statement above. The [page=2039] Division believes that the proposed amendment should be uniformly applied to all businesses in the State in order to ensure the health, safety, and welfare of the general public. Therefore, no differing compliance requirements for any businesses are provided based upon the size of the business.
 
Housing Affordability Impact Analysis
The proposed amendment will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rule would evoke a change in the average costs associated with housing because the proposed amendment concerns the scheduling of certain chemicals as controlled dangerous substances under the New Jersey Controlled Dangerous Substances Act.
 
Smart Growth Development Impact Analysis
The proposed amendment will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rule would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendment concerns the scheduling of certain chemicals as controlled dangerous substances under the New Jersey Controlled Dangerous Substances Act.
 
Full text of the proposal follows (additions indicated in boldface thus):
 
13:45H-10.1   Schedules of controlled dangerous substances
 
(a)-(d) (No change.)
 
(e) In accordance with (d) above, the following substances shall be designated and controlled as Schedule I controlled dangerous substances:
 
1.-8. (No change.)
 
9. Synthetic cannabinoids. Synthetic cannabinoids include any material, compound, mixture, or preparation that is not listed as a controlled dangerous substance in Schedules I through V, is not a Federal Food and Drug Administration (FDA) approved drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues(analogs), and salts of isomers and homologues(analogs), unless specifically excepted, whenever the existence of these salts, isomers, homologues(analogs), and salts of isomers and homologues(analogs) is possible within the specific chemical designation:
 
i. Naphthoylindoles. Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to: JWH 015, JWH 018, JWH 019, JWH 073, JWH 081, JWH 122, JWH 200, JWH 210, JWH 398, AM 2201, and WIN 55 212;
 
ii. Naphthylmethylindoles. Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to: JWH-175 and JWH-184;
 
iii. Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to: JWH 307;
 
iv. Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to: JWH-176;
 
v. Phenylacetylindoles. Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples of this structural class include, but are not limited to: RCS-8 (SR-18), JWH 250, JWH 203, JWH-251, and JWH-302;
 
vi. Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent. Examples of this structural class include, but are not limited to: CP 47,497 (and homologues(analogs)), cannabicyclohexanol, and CP 55,940;
 
vii. Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples of this structural class include, but are not limited to: AM 694, Pravadoline (WIN 48,098), RCS 4, and AM-679;
 
viii. [2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] -1, 4-benzoxazin-6-yl -1-napthalenylmethanone. Examples of this structural class include, but are not limited to: WIN 55,212-2;
 
ix. (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl) - 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol 7370. Examples of this structural class include, but are not limited to: HU-210;
 
x. Adamantoylindoles. Any compound containing a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the adamantyl ring system to any extent. Examples of this structural class include, but are not limited to: AM-1248; or
 
xi. Any other synthetic chemical compound that is a cannabinoid receptor agonist and mimics the pharmacological effect of naturally occurring cannabinoids that is not listed in Schedules II through V or is not an FDA-approved drug.




 


 

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