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House Bill 4019 (Enrolled)

Contact:  Office of Policy and Legislative Affairs
Agency: Energy, Labor & Economic Growth


Analysis

Topic: Ketamine
Sponsor: Representative Rocca

Position: The Department of Consumer and Industry Services supports the bill.

Description of the Bill: The bill amends Section 7216 of the Public Health Code by adding ketamine to the list of Schedule 3 controlled substances. Ketamine is a drug widely used by veterinarians as a tranquilizer in animal surgery. It is also popular in some hospitals as an anesthetic for short term diagnostic or surgical procedures not requiring skeletal muscle relaxation because of its rapid onset and short half life. It was developed by the University of Michigan in 1965. It was mass produced by Parke-Davis and was extensively used in the Viet Nam war. More recently, it has been increasingly a popular target for diversion. Young people reportedly use it, because of its dissociative action, which makes it feel to users as if the mind has separated from the body. It has also reportedly been used as a date-rape drug.

The effects of ketamine include loss of motor control, temporary memory loss, numbness, drowsiness, nausea, disassociation from the body, hallucinations and inability to feel pain. Effects of overdose include unconsciousness, lowering of the heart rate and oxygen depletion to the brain. It is especially dangerous when mixed with alcohol and other depressants.

Classification of ketamine as a controlled substance sets up tighter reporting requirements for those licensed to sell or dispense a controlled substance and establishes penalties for unauthorized use.

Arguments:

For: Ketamine is a dangerous drug. Because the user feels no pain, he or she may inadvertently injure themselves and not even know it. An overdose can cause the heart to stop. It has been reported that a one gram dose can result in death. The bill is particularly dangerous when mixed with alcohol and other depressants. Detroit has been named in one national report as one of the many major metropolitan areas reporting ketamine availability.

Other states have recognized the dangers posted by ketamine and have enacted legislation making unauthorized possession or use illegal. There are reportedly seven states which have done so, including California, Florida, New Jersey, Wisconsin and Illinois. Although the federal Drug Enforcement Agency has not yet scheduled ketamine, it is considering doing so. The American Veterinary Medical Association adopted a resolution in 1997 to actively support efforts by Congress to designate ketamine as a schedule 3 drug under the Controlled Substances Act. We are still waiting for Congressional action. Michigan should wait no longer and should immediately schedule this dangerous drug.

There has been a problem in some areas with burglaries of veterinarian's offices. The House analysis reports that 14 thefts of ketamine from clinics in Oakland County and an additional 8 from Rochester Hills were reported in an 8-month period.

Against: The amount of ketamine diverted from legitimate uses is very small. Scheduling this drug will create unnecessary reporting burdens for legitimate veterinary and medical users.

Supporters/Opponents: The Department of State Police and the Michigan Veterinary Medicine Association support the bill.

Fiscal Impact: The bill will have no known fiscal impact.

Administrative Rules Impact: The Board of Pharmacy has the authority to promulgate rules in this area.

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