NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7336
SPONSOR: Bronson TITLE OF BILL: An act to amend the public health law, in relation to
designating alpha-PVP as a schedule I stimulant controlled substance
PURPOSE OR GENERAL IDEA OF BILL: To prohibit the sale or distribution
of any product containing alpha-PVP, also known as Flakka, also known as
gravel
SUMMARY OF SPECIFIC PROVISIONS:
Section one subdivision (f) of schedule I of section 3306 of the public
health law is amended by adding a new paragraph 25
Section two sets forth the effective date
JUSTIFICATION: Many recent news reports have brought to light the use
of a new drug similar to bath salts and methamphetamine called Flakka or
Gravel. It is one of the newer chemicals in the synthetic or designer
drug category, made from a compound called alpha-PVP, a chemical cousin
of cathinone, the amphetamine-like drug found in bath salts. People who
use these drugs experience powerful reactions and often violent behav-
ior. Side effects can include: nausea, vomiting, paranoia, hallucina-
tions, delusions, suicidal thoughts, seizures, chest pains, and
increased blood pressure and heart rate.
In July 2011, S3322B/Chapter 130 banned the sale or distribution of any
product containing Mephedrone and MDPV which were marketed as "bath
salts." While this criminalized the sale of "bath salt" products
containing Mephedrone and MDPV, a practice of making minor alterations
to chemicals to subvert statutes that prohibit distinct chemicals made
it possible for slightly altered products to continue to be sold in New
York state. In September 2013, a new law S3469A/Chapter 341 was signed
adding more chemical compounds - the type of compounds used to make
these bath salt drugs - to the state's banned substances list. The law
imposes criminal penalties on those who sell, use and/or possess these
drugs, and also Makes it a felony to sell the substances to a minor or
on school grounds.
Drug makers and suppliers have a practice of making minor alterations to
chemicals to subvert statutes that prohibit distinct chemicals, making
it possible for slightly altered products to continue to be sold in New
York state unless new legislation is passed adding the compound to the
illegal substance schedules. Flakka, also known around the country as
"gravel" can be snorted, smoke, injected or swallowed, or can be
combined with other drugs, such as marijuana. Like cocaine and meth,
Flakka comes with a comedown, often resulting in users returning to the
drug to get rid of the negative comedown feeling, jump-starting a cycle
of use that can lead to abuse. It may alter brain chemistry in a way
that makes users require a larger and larger dose to get the same high.
At high doses, Flakka may also cause the body to reach high temperatures
which may lead to severe physical complications like kidney damage and
muscle breakdown.
Excessive use of this drug has been linked with feelings of extreme
anxiety, paranoia, and hallucinations. Most recently in Florida, there
has been an instance of a man high on Flakka kicking in a door at a
police station while in a separate instance a man impaled himself on a
police fence when he tried to scale it. Since suppliers continue to
create more drugs with slightly different properties to skirt the defi-
nition of what is illegal, New York State needs to add Flakka or gravel
to the illegal substances schedules.
PRIOR LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become law.
