SB709 (2020) Detail

Relative to the definition of controlled drug analog.


SB 709-FN - AS INTRODUCED

 

 

2020 SESSION

20-2890

04/01

 

SENATE BILL 709-FN

 

AN ACT relative to the definition of controlled drug analog.

 

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Rosenwald, Dist 13; Sen. Hennessey, Dist 5; Sen. Giuda, Dist 2; Sen. Cavanaugh, Dist 16

 

COMMITTEE: Commerce

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill inserts a new definition of controlled drug analog and repeals obsolete statutes governing the sale of synthetic drugs.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2890

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the definition of controlled drug analog.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Alcoholic Beverages; Suspension or Revocation.  RSA 179:57, I to read as follows:

I.  The commission shall cause frequent inspections to be made of all the premises with respect to which any license has been issued under the provisions of this title.  If any license:

(a)  Violates any of the provisions of law or any of the rules of the commission adopted under this title; or

(b)  Fails to superintend in person or through a manager approved by the commission the business for which the license was issued; or

(c)  Allows the premises with respect to which the license was issued to be used for any unlawful purposes; or

(d)  Knowingly designates to be in charge of the premises any person who has been convicted of a felony, unless the person has been approved by the commission pursuant to RSA 179:23, V[,]; or

(e)  Otherwise fails to carry out in good faith the purposes of this title or if the premises are regularly the site of violence, the license of such licensee may be suspended or revoked after notice and hearing, in accordance with RSA 541-A:31-36.  Notwithstanding any other provisions of this chapter, the commission after the appropriate hearing may impose a fine of a specific sum, which shall not be less than $100 nor more than $5,000 for any one offense.  Such a fine may be imposed instead of, or in addition to, any suspension or revocation of a license by the commission.

2  Controlled Drug Act; Definition of Controlled Drug Analog.  RSA 318-B:1, VI-a is repealed and reenacted to read as follows:

VI-a.(a)  "Controlled drug analog" means a substance, however constituted, the chemical structure of which is derivative of, or substantially similar to that of a controlled drug and:

(1)  Which has been shown in laboratory studies to bind with and activate the same central nervous receptors that are responsible for the psychoactive effects of a certain controlled drug or controlled drug class; or

(2)  With respect to a particular person, which such person represents or intends to have similar psychoactive effects on the central nervous system as a controlled drug.

(b)  "Controlled drug analog" shall not include:

(1)  A controlled drug;

(2)  Any substance for which there is an approved new drug application;

(3)  With respect to a particular person, any substance, if an exemption is in effect for investigational use for that person under 21 U.S.C. section 355, to the extent conduct with respect to the substance is pursuant to such an exemption; or

(4)  Any compound, mixture, or preparation that contains any controlled drug or controlled drug analog that is not for administration to a human being or animal, and that is packaged in such a form or concentration, or with adulterants or denaturants so that, as packaged, it does not present any significant potential for abuse.

3  New Paragraph; Controlled Drug Act; Definition of Substantially Similar in Chemical Structure.  Amend RSA 318-B:1 by inserting after paragraph XXXI the following new paragraph:

XXXI-a.  "Substantially similar in chemical structure" means that the substance in question shares a common core structure with a controlled drug, meaning that the "backbone" of the molecule is the same, and has no more than 2 points of divergence (additions, deletions, or substitutions) from the controlled drug, which may consist of a single atom or a functional group or some combination thereof.  Functional groups are further defined as alkyl, alkenyl, alkynyl, ring structures (either homocyclic or heterocyclic, with or without additional attached functional groups), organic halides, alkoxy, alcohol, ether, amine, aldehyde, ketone, carboxylic acid, ester, amide, nitrile, nitro, sulfide, thiene, thioester, or thiol.

4  Sale of Synthetic Drugs.  RSA 359-O is repealed and reenacted to read as follows:

CHAPTER 359-O

SALE OR POSSESSION OF

SYNTHETIC URINE AND URINE ADDITIVES

359-O:1  Sale or Possession of Synthetic Urine and Urine Additives Prohibited.  

I.  No person or business shall:

(a)  Manufacture, sell, distribute, market, or possess synthetic urine or urine additives; or

(b)  Attempt to defeat a drug or alcohol screening test by using synthetic urine or urine additives.

II.  In this section, "drug or alcohol screening test" means an analysis of a sample of bodily fluid collected from a person for the purpose of detecting the presence of alcohol or drugs in the bodily fluid of the person.

III.  Any person or business who violates this section shall be assessed a fine of $500, plus penalty assessment.  Each day a violation occurs shall constitute a separate offense.

5  Repeal.  The following are repealed:

I.  RSA 143-A:9-b, relative to sale of a synthetic drug by a food service licensee.

II.  RSA 179:63, relative to sale or distribution of a synthetic drug by an alcoholic beverage licensee.

III.  RSA 284:21-h, III-a, relative to the sale or distribution of a synthetic drug at a retail establishment or sales location licensed to sell lottery tickets.

6  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

20-2890

1/7/20

 

SB 709-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the definition of controlled drug analog.

 

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2020 through 2023.

 

AGENCIES CONTACTED:

Department of Health and Human Services, Liquor Commission, and Judicial Branch

 

Links

SB709 at GenCourtMobile
SB709 Discussion

Action Dates

Date Body Type
Jan. 28, 2020 Senate Hearing
March 5, 2020 Senate Floor Vote

Bill Text Revisions

SB709 Revision: 8040 Date: Jan. 16, 2020, 9:07 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and Referred to Commerce; SJ 2
Jan. 28, 2020 Hearing: 01/28/2020, Room 100, SH, 02:00 pm; SC 4
March 5, 2020 Committee Report: Ought to Pass, 03/05/2020; Vote 5-0; CC; SC 9
March 5, 2020 Ought to Pass: MA, VV; OT3rdg; 03/05/2020; SJ 5
March 12, 2020 Introduced 03/12/2020 and referred to Health, Human Services and Elderly Affairs HJ 8 P. 227
June 30, 2020 Vacated and Laid on Table MA VV 06/30/2020 HJ 10 P. 4
Died on Table