HB4

## Bill Information

An ACT relating to synthetic drugs and declaring an emergency.

Sponsor: Representative Adkins

Co Sponsors: Rep. Denham, Rep. King, Rep. Sinnette, Rep. Thompson, Rep. Yonts

Date Introduced: January 28th, 2016

Final Resolution: Signed by the Governor on April 27th, 2016.

## What Does it Do?

Prescription drug abuse has become a major challenge in many of Kentucky's rural communities. Patients become dependent upon drugs like Vicodin and Percocet after being prescribed them for entirely legitimate reasons. When legitimate doctors will no longer supply these individuals they turn to street dealers who often provide substitutes rather than the drugs themselves. Flakka, sometimes called the "Devil's Drug," is one such substance. HB 4 bans Flakka and similar drugs. Majority Floor Leader Rocky Adkins said Flakka is more dangerous than heroin, arguing "those people who have addiction problems on heroin are actually taking the heroin that they have and they're selling that heroin to get cash to be able to buy Flakka."

Synthetic drugs are difficult to legislate against. Governments are forced into a reactive stance, banning new compounds as they are invented. Unsurprisingly, the laboratories producing these drugs are not regulated, nor do they follow FDA approval procedures. As a result, thousands of people have had unexpected responses to the drugs requiring hospitalization. The problem is better known in marijuana substitutes, such as K2 and Spice, but is attracting broader attention for opiate synthetics.

While there is bipartisan agreement on the need to counter prescription drug abuse, the Republican controlled Senate offered a similar Flakka measure which was dead on arrival in the Democratic House. SB 136 also criminalized Flakka (and rescheduled hydrocodone to increase penalties for illicit possession) but contained other, more restrictive measures as well. Sen. Whitney Westerfield's bill would have banned kratom, a low-level hallucinogen common in Asia but rarely seen in the US. Perry Clark of Louisville voted against the measure because studies have shown Kratom can actually be used much like methadone, to ease the transition to sobriety.

Westerfield's measures were, with the exception of the kratom ban, amended into HB 4. While there was unanimous support for the provision increasing penalties for hydrocodone, some criminal justice scholars have questioned whether harsh crackdowns on drug addicts actually do anything to prevent abuse. Senate President Robert Stivers added an amendment appropriating $5.7 million for rehabilitation to the bill, but the question remains how effective 'tough on crime' policies really are in the case of drug abuse.

## Pros & Cons:

Pros:

1. will help cut down on Flakka abuse
2. tough measures on synthetic drugs could help greatly reduce their prevalence
3. attempts to legislate against something that is very hard to legislate against

Cons:

1. since synthetic drugs are so hard to legislate against this could be completely ineffective
2. tougher measures could just make dealers more creative in the ways they deal the drugs

## Major Changes During the Process

Change in the levels certain drugs are categorized under.

Monetary amendment added.

Title amendment.

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Lesiglative Session

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Passed Bills

1. ↑ http://www.wkyt.com/content/news/Legislators-combat-Flakka-other-synthetics-with-House-Bill-4-367580301.html
2. ↑ http://www.nola.com/health/index.ssf/2011/04/synthetic\_drugs\_send\_thousands.html
3. ↑ http://wkms.org/post/bill-would-ban-kratom-synthetic-opioids-clears-kentucky-senate#stream/0