ASSEMBLY JUDICIARY COMMITTEE
STATEMENT TO
ASSEMBLY, No. 4814
STATE OF NEW JERSEY
DATED: FEBRUARY 13, 2025
The Assembly Judiciary Committee reports favorably Assembly
Bill No. 4814.
This bill would classify tianeptine, an antidepressant drug that can
produce opioid-like effects and be similarly addicting to opioids, as a
Schedule II controlled dangerous substance. Specifically, it would be
placed on the Schedule II list as a form of “opiate,” which is defined
similarly in both the “Comprehensive Drug Reform Act of 1987,”
N.J.S.2C:35-1 et seq., and the “New Jersey Controlled Dangerous
Substances Act,” P.L.1970, c.226 (C.24:21-1 et seq.), as any
dangerous substance having addiction-forming or addiction-sustaining
capabilities similar to morphine or being capable of conversion into a
drug having such capabilities. See N.J.S.2C:35-2 and P.L.1970, c.226,
s.2 (C.24:21-2).
By categorizing tianeptine as a Schedule II opiate, it would be
considered an illegal narcotic drug, see N.J.S.2C:35-2 (definition of
“narcotic drug”), for which its manufacturing, distribution, or
possession with intent to manufacture or distribute would be
punishable as either a crime of the second degree if the act involved a
quantity of one ounce or more or a crime of the third degree if the act
involved less than one ounce. See N.J.S.2C:35-5, subsection b.,
paragraphs (4) and (5). A crime of the second degree is punishable by
a term of imprisonment of five to 10 years, a fine of up to $150,000, or
both. A crime of the third degree is punishable by a term of
imprisonment of three to five years, or ordinarily a fine of up to
$15,000, but the relevant provisions of N.J.S.2C:35-5 would permit the
imposition of a fine of up to $75,000, and both imprisonment and a
fine could be imposed.
It would also be illegal to possess, be under the influence of, or fail
to voluntarily deliver to a law enforcement officer any amount of
tianeptine. See N.J.S.2C:35-10. Possession of the drug would be
punishable as a crime of the third degree, with a term of imprisonment
of three to five years, an enhanced fine of up to $35,000, or both.
Being under the drug’s influence and failing to turn over the drug to a
law enforcement officer would both be graded as a disorderly persons
offense, with a potential term of imprisonment of up to six months, a
fine of up to $1,000, or both.
The bill would take effect on the 30th day after the date of
enactment.