The exterior of the Pennsylvania state Capitol. (Photo by Amanda Mustard for the Pennsylvania Capital-Star).
Legislation headed to the state House would outlaw so-called gas station heroin, which has emerged as a potentially deadly but readily available drug for people seeking a high similar to opioids.
State Rep. Andrew Kuzma (R-Washington) told members of the House Judiciary Committee on Wednesday that he introduced House Bill 977 in response to concern from a constituent whose relative was addicted to “a sketchy dietary supplement.”
That substance was tianeptine, a drug that is prescribed as an antidepressant in other countries but is illegally marketed as a dietary supplement, research chemical or brain enhancer in the United States. Common brand names include ZaZa, Pegasus, Neptune’s Fix and Tianna Red.
When taken in large doses it produces feelings of euphoria similar to heroin and can result in seizures, psychosis, loss of consciousness and death, according to the Partnership to End Addiction.
“People are overdosing on it. People are going into comas, people are dying,” Kuzma said.
The Judiciary Committee approved the bill with a 20-5 vote and sent it to the full House for consideration. Five Democrats cast votes in opposition with some arguing that criminalizing substance abuse is not a solution.
“We are once again participating in the definition of insanity, which is to do the same thing over and over again, expecting different results,” Rep. Emily Kinkead (D-Allegheny) said, adding that imposing criminal penalties does nothing to treat drug users’ underlying substance use disorders.
Rep. Chris Rabb (D-Philadelphia), who has been a proponent of legalizing cannabis for recreational use, said the state faces a challenge in the proliferation of products that are sold in gas stations and vape shops that mimic the effects of THC, the active component of marijuana, and other drugs. Those substances are subject to abuse and are available to children, Rabb said.
“To the extent that you are interested in talking about how we regulate these things in Pennsylvania to keep them out of the hands of the public, and make sure people are informed, I’m very much interested in working with you, but finding more ways to criminalize activity, particularly folks who suffer from substance use disorder, is not something I can support,” Rabb said.
Kuzma noted that a bipartisan bill to regulate tianeptine is pending in Congress. He said his goal is not to put people in prison and that he would be open to an amendment that would remove users of the drug from the legislation.
Kinkead said limiting criminal penalties to the manufacture and distribution of tianeptine would be a start, but she added that a similar effort to limit criminal jeopardy for users of the animal tranquilizer xylazine while regulating its availability was unsuccessful.
“We tried to create a scenario where someone for mere possession was not facing five years and $15,000 for mere possession, but it was not acceptable to be able to get it across the finish line,” Kinkead said.