02/10/2012 01:30 PM Senate JUDICIARY

                  SB 140-CATHINONE BATH SALTS                                                                               
                                                                                                                                
1:39:34 PM                                                                                                                    
CHAIR FRENCH announced the consideration  of SB 140 and asked for                                                               
a motion to adopt the work draft committee substitute (CS).                                                                     
                                                                                                                                
SENATOR  WIELECHOWSKI  moved  to  adopt  CSSB  140,  labeled  27-                                                               
LS1032\I, as the working document.                                                                                              
                                                                                                                                
CHAIR  FRENCH announced  that, without  objection, version  I was                                                               
before the committee.                                                                                                           
                                                                                                                                
1:40:09 PM                                                                                                                    
CHRISTINE MARASIGAN,  staff to Senator  Kevin Meyer, said  the CS                                                               
makes several  changes relating to the  penalties associated with                                                               
cathinone bath salts and addresses a drafting issue.                                                                            
                                                                                                                                
The  new Section  1 basically  keeps the  substances in  Schedule                                                               
IIA.  Sales, distribution,  manufacture,  and  possession of  500                                                               
milligrams  or  more  of  the  substances  remain  classified  as                                                               
misconduct  involving  a  controlled   substance  in  the  fourth                                                               
degree, a class C felony.                                                                                                       
                                                                                                                                
In the new  Section 2, possession of less than  500 milligrams of                                                               
the   substances  is   classified  as   misconduct  involving   a                                                               
controlled substance in the fifth  degree, a class A misdemeanor.                                                               
This amount is about the size of a sugar packet.                                                                                
                                                                                                                                
In  Section  3,  the  drafters  made  a  technical  amendment  to                                                               
transfer methcathinone  from the  list of Schedule  IA substances                                                               
into  Schedule II  so that  all the  cathinone-related substances                                                               
will be listed in the same schedule.                                                                                            
                                                                                                                                
Section 4 repeals the methcathinone listing in Schedule 1.                                                                      
                                                                                                                                
CHAIR FRENCH  asked which of  the substances listed in  Section 3                                                               
on page 5 was transferred from Schedule IA.                                                                                     
                                                                                                                                
MS. MARASIGAN  replied it's the  one listed in paragraph  (12) on                                                               
lines 10-11. She noted that  she had correspondence from Orin Dym                                                               
with   the  Crime   Lab  confirming   that  "methcathinone"   and                                                               
"methylamino-1-phenylpropan-1-one" are the same substance.                                                                      
                                                                                                                                
CHAIR  FRENCH   summarized  that  the  CS   keeps  manufacturing,                                                               
delivering  and possession  of large  amounts  of the  drug as  a                                                               
felony,  and reduces  to a  misdemeanor the  possession of  small                                                               
amounts.                                                                                                                        
                                                                                                                                
1:42:12 PM                                                                                                                    
SENATOR  PASKVAN  asked  the  approximate  dollar  value  of  500                                                               
milligrams of these substances.                                                                                                 
                                                                                                                                
MS. MARASIGAN  replied that she  understands that a  small packet                                                               
costs about $40.                                                                                                                
                                                                                                                                
CHAIR  FRENCH summarized  that a  $40,  single dose,  would be  a                                                               
misdemeanor  under the  bill, but  any larger  amount would  be a                                                               
felony.                                                                                                                         
                                                                                                                                
MS. MARASIGAN agreed.                                                                                                           
                                                                                                                                
CHAIR FRENCH commented on the  "Spice" drug bill that passed last                                                               
year, and observed  that this bill provides  a fairly substantial                                                               
penalty for possession  of a very small amount of  bath salts. He                                                               
asked the will of the committee.                                                                                                
                                                                                                                                
1:43:54 PM                                                                                                                    
SENATOR  WIELECHOWSKI  moved  to  report   CS  for  SB  140  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR  FRENCH  announced  that without  objection  CSSB  140(JUD)                                                               
moved from the Senate Judiciary Standing Committee.