SENATE JUDICIARY COMMITTEE
STATEMENT TO
SENATE, No. 729
with committee amendments
STATE OF NEW JERSEY
DATED: JUNE 28, 2024
The Senate Judiciary Committee reports favorably and with
committee amendments Senate Bill No. 729.
This bill, as amended, 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. 2
The bill would take effect on the 30th day after the date of
enactment.
This bill was prefiled for introduction in the 2024-2025 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.
The committee amendments to the bill:
- change the bill’s effective date to be the 30th day after the date of
enactment instead of the bill taking effect immediately.