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S 729

Establishes tianeptine as Schedule II controlled dangerous substance.

2024-2025 Regular Session Introduced by Paul Moriarty and 2 co-sponsors

The bill places tianeptine in New Jersey Schedule II, criminalizing manufacture, distribution, and possession with varying penalties to curb its illicit use.

Reported out of Senate Committee with Amendments, 2nd Reading
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Bill Summary · S 729

Summary — S.729

Title: Establishes tianeptine as a Schedule II controlled dangerous substance
Subject: Drug abuse / controlled substances

Purpose

The bill adds tianeptine — an antidepressant that can produce opioid‑like euphoria and has been associated with addiction, respiratory depression, severe sedation, and overdose deaths — to New Jersey’s Schedule II list of controlled dangerous substances. The intent is to criminalize unregulated manufacture, distribution, and possession of tianeptine to reduce harms associated with its misuse.

Key provisions

  • Amends Section 6 of P.L.1970, c.226 (N.J. Controlled Dangerous Substances Act) to explicitly list:
    • “Tianeptine and any salt, sulfate, free acid, or other preparation of tianeptine, and any salt, sulfate, free acid, compound, derivative, precursor, or other preparation thereof that is substantially chemically equivalent or identical with tianeptine” in Schedule II (under the opiate subsection).
  • Retains the statutory Schedule II tests (high potential for abuse; accepted medical use or with severe restrictions; abuse may lead to severe dependence).
  • Effective date (as amended): 30 days after enactment.

Criminal penalties and grading (as applied under existing N.J. law)

  • Manufacturing, distributing, or possessing with intent to distribute tianeptine:
    • If the quantity involved is one ounce or more — graded as a second‑degree crime: imprisonment 5–10 years, fine up to $150,000, or both.
    • If less than one ounce — graded as a third‑degree crime: imprisonment 3–5 years, and fines up to amounts permitted under N.J.S.2C:35‑5 (committee statement indicates fines up to $75,000 may be authorized in some circumstances).
  • Possession of any amount: graded as a third‑degree crime — imprisonment 3–5 years and (per committee statement) an enhanced fine up to $35,000, or both.
  • Being under the influence of tianeptine, or failing to voluntarily deliver it to law enforcement: treated as disorderly persons offenses — up to 6 months’ imprisonment, a fine up to $1,000, or both.

Who would be affected

  • Individuals selling, distributing, manufacturing, importing, or possessing tianeptine for non‑authorized uses (including retailers, online sellers, and illicit suppliers).
  • People who currently obtain or use tianeptine recreationally or outside valid medical channels — they could face criminal prosecution.
  • Law enforcement and the criminal justice system (enforcement, prosecutions, prosecutions’ caseload).
  • Public health agencies and clinical providers (may see changes in patterns of use and demand for treatment services).

Status and timeline

  • Committee action: Reported favorably with amendments by the New Jersey Senate Judiciary Committee (committee report dated June 28, 2024). The committee amendment changed the effective date to 30 days after enactment.
  • Current status shown: Reported out of Senate Committee with Amendments; 2nd Reading.
  • Note: the materials provided include mixed and partly conflicting administrative records (multiple dates and an unrelated Massachusetts docket entry also labeled “S.729”). The principal substantive text and committee statement cited above pertain to New Jersey’s P.L.1970, c.226 amendments to classify tianeptine as Schedule II.

Additional context

  • Federal and other state authorities have flagged tianeptine (sometimes sold as “gas‑station heroin” in media reports) for rising illicit use and associated severe adverse events. This bill follows that public‑health and safety rationale by imposing Schedule II controls and criminal penalties under New Jersey law.

Compiled from official sources — confirm details with the bill’s official record.

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