Adds illicit fentanyls to Schedule I in the "New Jersey Controlled Dangerous Substances Act."

A4494

ASSEMBLY, No. 4494

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 9, 2026

Sponsored by:

Assemblywoman� DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblyman Scharfenberger and Assemblywoman Flynn

SYNOPSIS

���� Adds illicit fentanyls to Schedule I in �New Jersey
Controlled Dangerous Substances Act.��

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning certain controlled dangerous substances and
amending P.L.1970, c.226.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 5 of P.L.1970,
c.226 (C.24:21-5)� is amended to read as follows:

���� 5. a. Tests. The director
shall place a substance in Schedule I if he finds that the substance:� (1) has
high potential for abuse; and (2) has no accepted medical use in treatment in
the United States; or lacks accepted safety for use in treatment under medical
supervision.

���� b.��� The controlled dangerous
substances listed in this section are included in Schedule I, subject to any
revision and republishing by the director pursuant to subsection d. of section
3 of P.L.1970, c.226 (C.24:21-3), and except to the extent provided in any
other schedule.

���� c.���� Any of the following
opiates, including their isomers, esters, and ethers, unless specifically
excepted, whenever the existence of such isomers, esters, ethers and salts is
possible within the specific chemical designation:

���� (1)�� Acetylmethadol

���� (2)�� Allylprodine

���� (3)�� Alphacetylmethadol

���� (4)�� Alphameprodine

���� (5)�� Alphamethadol

���� (6)�� Benzethidine

���� (7)�� Betacetylmethadol

���� (8)�� Betameprodine

���� (9)�� Betamethadol

���� (10)� Betaprodine

���� (11)� Clonitazene

���� (12)� Dextromoramide

���� (13)� Dextrorphan

���� (14)� Diampromide

���� (15)� Diethylthiambutene

���� (16)� Dimenoxadol

���� (17)� Dimepheptanol

���� (18)� Dimethylthiambutene

���� (19)� Dioxaphetyl butyrate

���� (20)� Dipipanone

���� (21)� Ethylmethylthiambutene

���� (22)� Etonitazene

���� (23)� Etoxeridine

���� (24)� Furethidine

���� (25)� Hydroxypethidine

���� (26)� Ketobemidone

���� (27)� Levomoramide

���� (28)� Levophenacylmorphan

���� (29)� Morpheridine

���� (30)� Noracymethadol

���� (31)� Norlevorphanol

���� (32)� Normethadone

���� (33)� Norpipanone

���� (34)� Phenadoxone

���� (35)� Phenampromide

���� (36)� Phenomorphan

���� (37)� Phenoperidine

���� (38)� Piritramide

���� (39)� Proheptazine

���� (40)� Properidine

���� (41)� Racemoramide

���� (42)� Trimeperidine.

���� d.��� Any of the following
narcotic substances, their salts, isomers and salts of isomers, unless
specifically excepted, whenever the existence of such salts, isomers and salts
of isomers is possible within the specific chemical designation:

���� (1)�� Acetorphine

���� (2)�� Acetylcodone

���� (3)�� Acetyldihydrocodeine

���� (4)�� Benzylmorphine

���� (5)�� Codeine methylbromide

���� (6)�� Codeine-N-Oxide

���� (7)�� Cyprenorphine

���� (8)�� Desomorphine

���� (9)�� Dihydromorphine

���� (10)� Etorphine

���� (11)� Heroin

���� (12)� Hydromorphinol

���� (13)� Methyldesorphine

���� (14)� Methylhydromorphine

���� (15)� Morphine methylbromide

���� (16)� Morphine methylsulfonate

���� (17)� Morphine-N-Oxide

���� (18)� Myrophine

���� (19)� Nicocodeine

���� (20)� Nicomorphine

���� (21)� Normorphine

���� (22)� Phoclodine

���� (23)� Thebacon.

���� e.���� Any material, compound,
mixture or preparation which contains any quantity of the following
hallucinogenic substances, their salts, isomers and salts of isomers, unless
specifically excepted, whenever the existence of such salts, isomers, and salts
of isomers is possible within the specific chemical designation:

���� (1)�� 3,4-methylenedioxy
amphetamine

���� (2)�� 5-methoxy-3,4-methylenedioxy
amphetamine

���� (3)�� 3,4,5-trimethoxy
amphetamine

���� (4)�� Bufotenine

���� (5)�� Diethyltryptamine

���� (6)�� Dimethyltryptamine

���� (7)�� 4-methyl-2,5-dimethoxylamphetamine

���� (8)�� Ibogaine

���� (9)�� Lysergic acid
diethylamide

���� (10) Marijuana; except that on
and after the effective date of the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act," P.L.2021, c.16
(C.24:6I-31 et al.), marijuana shall no longer be included in Schedule I and
shall not be designated or rescheduled and included in any other schedule by
the director pursuant to the director's designation and rescheduling authority
set forth in section 3 of P.L.1970, c.226 (C.24:21-3).

���� (11)� Mescaline

���� (12)� Peyote

���� (13)� N-ethyl-3-piperidyl
benzilate

���� (14)� N-methyl-3-piperidyl
benzilate

���� (15)� Psilocybin

���� (16)� Psilocyn

���� (17)� Tetrahydrocannabinols,
including those produced by way of manufacture, except when found in hemp or a
hemp product cultivated, handled, processed, transported, or sold pursuant to
the "New Jersey Hemp Farming Act," P.L.2019, c.238 (C.4:28-6 et al.),
or cannabis or a cannabis item, as those terms are defined in section 3 of
P.L.2021, c.16 (C.24:6I-33), that is grown, cultivated, produced, manufactured,
or sold in accordance with the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act," P.L.2021, c.16
(C.24:6I-31 et al.).

����
f. Illicit fentanyls.
Illicit fentanyls include any material, compound, mixture, or preparation that
is not listed as a controlled substance in Schedules I through V, is not a
Federal Food and Drug Administration (FDA) approved drug, and contains any
quantity of the following substances, their salts, isomers (whether optical,
positional, or geometric), homologues (analogs), and salts of isomers, and
homologues (analogs) unless specifically excepted whenever the existence of
these salts, isomers, homologues (analogs), and salts of isomers and homologues
(analogs) is possible within the specific chemical designations:i.� Furanyl
Fentanyl, with a chemical composition of
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2-furancarboxamide, monohydrochloride
or N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide;

����
ii.� 3-Methylfentanyl, with
a chemical composition of
3-methyl-N-phenyl-N-[1-(2-phenethyl-4-piperidyl)-propanamide);

����
iii.� 3-Methyl
Butyrylfentanyl, with a chemical composition of 3-Methyl,
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide, monohydrochloride;

����
iv.� Valeryl Fentanyl, with
a chemical composition of
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-pentanamide, monohydrochloride;

����
v.� Norfentanyl, with a
chemical composition of N-phenyl-N-4-piperidinyl-propanamide;

����
vi.�
Para-Fluorobutyryl-Fentanyl, with a chemical composition of
N-(4-fluorophenyl)-N-[1-(2-phenylethyl) -4-piperidinyl]-butanamide,
monohydrochloride; and

����
vii.� Carfentanyl, with a
chemical composition of 2-hydroxypropane-1, 2, 3-tricarboxylic acid; methyl
1-(2-phenylethyl)-4-(N-propanoylanilino) piperidine-4-carboxylateor.

(cf: P.L.2024, c.73, s.3)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill would add �illicit
fentanyls� to Schedule I in the �New Jersey Controlled Dangerous Substances
Act.� Schedule I substances have high potential for abuse, and either have no
accepted medical use in treatment in the United States, or lack accepted safety
for use in treatment under medical supervision.� Illicit fentanyls are
derivatives of the regulated prescription drug fentanyl. In September 2016, the
Office of the Attorney General issued an emergency order that temporarily added
seven illicit fentanyls to Schedule I. On March 21, 2017 this designation was
made permanent, when these substances were added to Schedule I in the Administrative
Code (N.J.A.C. 13:45H-10.1.)� This bill would codify the Schedule I placement
of illicit fentanyls in the statutes.

���� This bill would not change the
designation of prescription fentanyl, which is a Schedule II substance.� A
substance is placed in Schedule II if it: (1) has high potential for abuse; (2)
has currently accepted medical use in treatment in the United States, or
currently accepted medical use with severe restrictions; and (3) abuse may lead
to severe psychic or physical dependence.� ��������

���� Under subsection b. of N.J.S.A.2C:35-5,
unlawfully manufacturing, distributing, or dispensing any Schedule I or II
substance in a quantity of one ounce or more is a crime of the second degree
(punishable by a term of imprisonment of five to ten years or a fine up to
$150,000, or both).� Unlawfully manufacturing, distributing or dispensing in a
quantity of less than one ounce is a crime of the third degree (generally
punishable by a term of three to five years or a fine up to $15,000, or both,
but in this case also punishable by an increased fine of up to $75,000).

���� Specifically, the bill adds
the following substances to Schedule I:

���� -- Illicit fentanyls. Illicit
fentanyls include any material, compound, mixture, or preparation that is not
listed as a controlled substance in Schedules I through V, is not a Federal
Food and Drug Administration (FDA) approved drug, and contains any quantity of
the following substances, their salts, isomers (whether optical, positional, or
geometric), homologues (analogs), and salts of isomers, and homologues
(analogs) unless specifically excepted whenever the existence of these salts,
isomers, homologues (analogs), and salts of isomers and homologues (analogs) is
possible within the specific chemical designations:i.� Furanyl Fentanyl, with a
chemical composition of
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2-furancarboxamide,
monohydrochloride or N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide;

���� --� 3-Methylfentanyl, with a
chemical composition of
3-methyl-N-phenyl-N-[1-(2-phenethyl-4-piperidyl)-propanamide);

���� --� 3-Methyl Butyrylfentanyl,
with a chemical composition of 3-Methyl,
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide, monohydrochloride;

���� --� Valeryl Fentanyl, with a
chemical composition of
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-pentanamide, monohydrochloride;

���� --� Norfentanyl, with a
chemical composition of N-phenyl-N-4-piperidinyl-propanamide;

���� --� Para-Fluorobutyryl-Fentanyl,
with a chemical composition of N-(4-fluorophenyl)-N-[1-(2-phenylethyl)
-4-piperidinyl]-butanamide, monohydrochloride; and

���� -- Carfentanyl, with a
chemical composition of 2-hydroxypropane-1, 2, 3-tricarboxylic acid; methyl
1-(2-phenylethyl)-4-(N-propanoylanilino) piperidine-4-carboxylateor.