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.