2011-2012 Bill 4471: Bath Salts Added to List of Schedule 1 Controlled Substances - South

1 South Carolina General Assembly 2 119th Session, 2011-2012 3 4 H. 4471 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Huggins, Clyburn and Long 10 Document Path: l:\council\bills\ms\7638ahb12.docx 11 Companion/Similar bill(s): 1005, 4515 12 13 Introduced in the House on January 10, 2012 14 Currently residing in the House Committee on Judiciary 15 16 Summary: Bath Salts added to list of schedule 1 controlled substances 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 11/29/2011 House Prefiled 23 11/29/2011 House Referred to Committee on Judiciary 24 1/10/2012 House Introduced and read first time ( House Journalpage 52) 25 1/10/2012 House Referred to Committee on Judiciary ( House Journalpage 52) 26 27 28 VERSIONS OF THIS BILL 29 30 11/29/2011 31 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 4453190, AS AMENDED, CODE 12 OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO 13 MATERIALS, COMPOUNDS, MIXTURES, AND 14 PREPARATIONS CLASSIFIED AS SCHEDULE I 15 DRUGS, SO AS TO ADD SALVIA DIVINORUM AND 16 SALVINORIN A, SYNTHETIC CANNABINOIDS, AND 17 CATHINONES AND SUBSTITUTED CATHINONES, 18 COMMONLY KNOWN AS “BATH SALTS” TO THE 19 LIST OF SCHEDULE I DRUGS. 20 21 Be it enacted by the General Assembly of the State of South 22 Carolina: 23 24 SECTION 1. Section 4453190(d) of the 1976 Code, as last 25 amended by Act 267 of 2002, is further amended to read: 26 27 “(d) Any material, compound, mixture, or preparation 28 which contains any quantity of the following hallucinogenic 29 substances, their salts, isomers, and salts of isomers, unless 30 specifically excepted, whenever the existence of such these 31 salts, isomers, and salts of isomers is possible within the 32 specific chemical designation: 33 1. 3,4methylenedioxy amphetamine; 34 2. 5methoxy3,4methylenedioxy amphetamine; 35 3. 3,4methylenedioxymethamphetamine (MDMA); 36 4. 3,4,5trimethoxy amphetamine; 37 5. Bufotenine; 38 6. Diethyltryptamine (DET); 39 7. Dimethyltryptamine (DMT);

[4471] 2 1 8. 4methyl2,5dimethoxyamphetamine (STP); 2 9. Ibogaine; 3 10. Lysergic acid diethylamide (LSD); 4 11. Marijuana; 5 12. Mescaline; 6 13. Peyote; 7 14. Nethyl3piperidyl benzilate; 8 15. Nmethyl3piperidyl benzilate; 9 16. Psilocybin; 10 17. Psilocyn; 11 18. Tetrahydrocannabinol (THC); 12 19. 2,5dimethoxyamphetamine; 13 20. 4bromo2,5dimethoxyamphetamine; 14 21. 4methoxyamphetamine; 15 22. Thiophene analog of phencyclidine; 16 23. Parahexyl; 17 24. Salvia divinorum and Salvinorin A; 18 25. Synthetic cannabinoids. Any material, compound, 19 mixture, or preparation that is not listed as a controlled 20 substance in Schedule I through V, is not an FDAapproved 21 drug, and contains any quantity of the following substances, 22 their salts, isomers (whether optical, positional, or 23 geometric), homologues, and salts of isomers and 24 homologues, unless specifically excepted, whenever the 25 existence of these salts, isomers, homologues, and salts of 26 isomers and homologues is possible within the specific 27 chemical designation: 28 (i) Naphthoylindoles. Any compound containing a 29 3(1naphthoyl)indole structure with substitution at the 30 nitrogen atom of the indole ring by an alkyl, haloalkyl, 31 alkenyl, cycloalkylmethyl, cycloalkylethyl, 32 1(Nmethyl2piperidinyl)methyl, or 2(4morpholinyl) ethyl 33 group, whether or not further substituted in the indole ring to 34 any extent and whether or not substituted in the naphthyl ring 35 to any extent. Including, but not limited to, JWH015, 36 JWH018, JWH019, JWH073, JWH081, JWH122, JWH200, 37 JWH210, JWH398, AM2201, WIN 55212. 38 (ii) Naphthylmethylindoles. Any compound 39 containing a 1Hindol3yl(1naphthyl) methane structure with

[4471] 3 1 substitution at the nitrogen atom of the indole ring by an 2 alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 3 1(Nmethyl2piperidinyl)methyl, or 2(4morpholinyl) ethyl 4 group, whether or not further substituted in the indole ring to 5 any extent and whether or not substituted in the naphthyl ring 6 to any extent. 7 (iii) Naphthoylpyrroles. Any compound containing a 8 3(1naphthoyl)pyrrole structure with substitution at the 9 nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, 10 alkenyl, cycloalkylmethyl, cycloalkylethyl, 11 1(Nmethyl2piperidinyl)methyl, or 2(4morpholinyl) ethyl 12 group, whether or not further substituted in the pyrrole ring 13 to any extent and whether or not substituted in the naphthyl 14 ring to any extent. Including but not limited to JWH307. 15 (iv) Naphthylmethylindenes. Any compound 16 containing a naphthylideneindene structure with substitution 17 at the 3position of the indene ring by an alkyl, haloalkyl, 18 alkenyl, cycloalkylmethyl, cycloalkylethyl, 19 1(Nmethyl2piperidinyl)methyl, or 2(4morpholinyl)ethyl 20 group, whether or not further substituted in the indene ring to 21 any extent and whether or not substituted in the naphthyl ring 22 to any extent. 23 (v) Phenylacetylindoles. Any compound containing 24 a 3phenylacetylindole structure with substitution at the 25 nitrogen atom of the indole ring by an alkyl, haloalkyl, 26 alkenyl, cycloalkylmethyl, cycloalkylethyl, 27 1(Nmethyl2piperidinyl) methyl, or 2(4morpholinyl) ethyl 28 group, whether or not further substituted in the indole ring to 29 any extent and whether or not substituted in the phenyl ring 30 to any extent. Including but not limited to SR18, RCS8, 31 JWH203, JWH250, JWH251, 32 (vi) Cyclohexylphenols. Any compound containing a 33 2(3hydroxycyclohexyl) phenol structure with substitution at 34 the 5position of the phenolic ring by an alkyl, haloalkyl, 35 alkenyl, cycloalkylmethyl, cycloalkylethyl, 36 1(Nmethyl2piperidinyl) methyl, or 2(4morpholinyl) ethyl 37 group, whether or not substituted in the cyclohexyl ring to 38 any extent. Including but not limited to CP 47,497 (and 39 homologues), cannabicyclohexanol.

[4471] 4 1 (vii)Benzoylindoles. Any compound containing a 2 3(benzoyl) indole structure with substitution at the nitrogen 3 atom of the indole ring by an alkyl, haloalkyl, alkenyl, 4 cycloalkylmethyl, cycloalkylethyl, 1(Nmethyl2piperidinyl) 5 methyl, or 2(4morpholinyl) ethyl group, whether or not 6 further substituted in the indole ring to any extent and 7 whether or not substituted in the phenyl ring to any extent 8 including, but not limited to, AM694, Pravadoline (WIN 9 48,098), RCS4. 10 (viii) 2,3Dihydro5methyl3(4morpholinylmethyl) 11 pyrrolo [1,2, 3de]1, 4benzoxazin6yl]1napthalenylmethanone 12 (WIN 55,2122). 13 (ix) 9(hydroxymethyl)6,6dimethyl3(2methyloctan2 14 yl)–6a,7,10,10atetrahydrobenzo[c]chromen1ol 7370. 15 (HU210, HU211). 16 (x) Adamantoylindoles. Any compound containing a 17 3(1adamantoyl)indole structure with substitution at the 18 nitrogen atom of the indole ring by a alkyl, haloalkyl, 19 alkenyl, cycloalkylmethyl, cycloalkylethyl, 20 1(Nmethyl2piperidinyl)methyl or 2(4morpholinyl)ethyl 21 group, whether or not further substituted in the indole ring to 22 any extent and whether or not substituted in the adamantyl 23 ring system to any extent.” 24 25 SECTION 2. Section 4453190(f) of the 1976 Code is 26 amended to read: 27 28 “(f) Stimulants. Unless specifically excepted or unless 29 listed in another schedule, any material, compound, mixture, 30 or preparation which contains any quantity of the following 31 substances having a stimulant effect on the central nervous 32 system, including its salts, isomers, and salts of isomers: 33 (1) Fenethylline. 34 (2) Nethylamphetamine. 35 (3) Cathinone. 36 (4) Substituted Cathinones including any compound not 37 being bupropion structurally derived from 38 2amino1phenyl1propanone by modification in any of the 39 following ways:

[4471] 5 1 (i) by substitution in the phenyl ring to any extent 2 with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide 3 substituents, whether or not further substituted in the phenyl 4 ring by one or more other univalent substituents; 5 (ii) by substitution at the 3position with an alkyl 6 substituent; 7 (iii) by substitution at the nitrogen atom with alkyl or 8 dialkyl groups, benzyl or methoxybenzyl groups; 9 (iv) or by inclusion of the nitrogen atom in a cyclic 10 structure.” 11 12 SECTION 3. The repeal or amendment by this act of any 13 law, whether temporary or permanent or civil or criminal, 14 does not affect pending actions, rights, duties, or liabilities 15 founded thereon, or alter, discharge, release or extinguish any 16 penalty, forfeiture, or liability incurred under the repealed or 17 amended law, unless the repealed or amended provision shall 18 so expressly provide. After the effective date of this act, all 19 laws repealed or amended by this act must be taken and 20 treated as remaining in full force and effect for the purpose of 21 sustaining any pending or vested right, civil action, special 22 proceeding, criminal prosecution, or appeal existing as of the 23 effective date of this act, and for the enforcement of rights, 24 duties, penalties, forfeitures, and liabilities as they stood 25 under the repealed or amended laws. 26 27 SECTION 4. This act takes effect upon approval by the 28 Governor. 29 XX 30

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