Bill Text: MN HF57 | 2011-2012 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Synthetic cannabinoid sale or possession crime established; synthetic cannabinoids, 2C-E, and 2C-I added to the list of Schedule I controlled substances; definition of "analog" added; analog of a Schedule I or II controlled substance provided to be considered a Schedule I controlled substance; weight of fluid used in a water pipe established when determining weight or amount of controlled substance; and Board of Pharmacy authorized to reschedule certain drugs only pursuant to law.
Spectrum: Moderate Partisan Bill (Republican 13-4)
Status: (Passed) 2011-05-24 - Secretary of State Chapter 53 [HF57 Detail]
Download: Minnesota-2011-HF57-Comm_Sub.html
Bill Title: Synthetic cannabinoid sale or possession crime established; synthetic cannabinoids, 2C-E, and 2C-I added to the list of Schedule I controlled substances; definition of "analog" added; analog of a Schedule I or II controlled substance provided to be considered a Schedule I controlled substance; weight of fluid used in a water pipe established when determining weight or amount of controlled substance; and Board of Pharmacy authorized to reschedule certain drugs only pursuant to law.
Spectrum: Moderate Partisan Bill (Republican 13-4)
Status: (Passed) 2011-05-24 - Secretary of State Chapter 53 [HF57 Detail]
Download: Minnesota-2011-HF57-Comm_Sub.html
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 57
1.3relating to public safety; establishing the crimes of sale or possession of synthetic
1.4cannabinoids; including a person under the influence of a synthetic cannabinoid
1.5for a driving while impaired crime; providing for a penalty;amending Minnesota
1.6Statutes 2010, sections 152.027, by adding a subdivision; 169A.20, subdivisions
1.71, 1a, 1b, 1c.
1.8May 17, 2011
1.9The Honorable Kurt Zellers
1.10Speaker of the House of Representatives
1.11The Honorable Michelle L. Fischbach
1.12President of the Senate
1.13We, the undersigned conferees for H. F. No. 57 report that we have agreed upon the
1.14items in dispute and recommend as follows:
1.15That the Senate recede from its amendments and that H. F. No. 57 be further
1.16amended as follows:
1.17Delete everything after the enacting clause and insert:
1.18 "Section 1. Minnesota Statutes 2010, section 152.01, subdivision 9a, is amended to
1.19read:
1.20 Subd. 9a. Mixture. "Mixture" means a preparation, compound, mixture, or
1.21substance containing a controlled substance, regardless of purity except as provided in
1.22subdivision 16; sections 152.021, subdivision 2, paragraph (b); 152.022, subdivision 2,
1.23paragraph (b); and 152.023, subdivision 2, paragraph (b).
1.24EFFECTIVE DATE.This section is effective the day following final enactment,
1.25and applies to crimes committed on or after that date.
1.26 Sec. 2. Minnesota Statutes 2010, section 152.01, subdivision 16, is amended to read:
1.27 Subd. 16. Small amount. "Small amount" as applied to marijuana means 42.5
1.28grams or less. This provision shall not apply to the resinous form of marijuana. The
2.1weight of fluid used in a water pipe may not be considered in determining a small amount
2.2except in cases where the marijuana is mixed with four or more fluid ounces of fluid.
2.3EFFECTIVE DATE.This section is effective the day following final enactment,
2.4and applies to crimes committed on or after that date.
2.5 Sec. 3. Minnesota Statutes 2010, section 152.01, is amended by adding a subdivision
2.6to read:
2.7 Subd. 23. Analog. (a) Except as provided in paragraph (b), "analog" means a
2.8substance, the chemical structure of which is substantially similar to the chemical structure
2.9of a controlled substance in Schedule I or II:
2.10(1) that has a stimulant, depressant, or hallucinogenic effect on the central nervous
2.11system that is substantially similar to or greater than the stimulant, depressant, or
2.12hallucinogenic effect on the central nervous system of a controlled substance in Schedule
2.13I or II; or
2.14(2) with respect to a particular person, if the person represents or intends that the
2.15substance have a stimulant, depressant, or hallucinogenic effect on the central nervous
2.16system that is substantially similar to or greater than the stimulant, depressant, or
2.17hallucinogenic effect on the central nervous system of a controlled substance in Schedule I
2.18or II.
2.19(b) "Analog" does not include:
2.20(1) a controlled substance;
2.21(2) any substance for which there is an approved new drug application under the
2.22Federal Food, Drug, and Cosmetic Act; or
2.23(3) with respect to a particular person, any substance, if an exemption is in effect for
2.24investigational use, for that person, as provided by United States Code, title 21, section
2.25355, and the person is registered as a controlled substance researcher as required under
2.26section 152.12, subdivision 3, to the extent conduct with respect to the substance is
2.27pursuant to the exemption and registration.
2.28EFFECTIVE DATE.This section is effective July 1, 2011, and applies to crimes
2.29committed on or after that date.
2.30 Sec. 4. Minnesota Statutes 2010, section 152.02, subdivision 2, is amended to read:
2.31 Subd. 2. Schedule I. The following items are listed in Schedule I:
2.32(1) Any of the following substances, including their isomers, esters, ethers,
2.33salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever
3.1the existence ofsuch the isomers, esters, ethers and salts is possible within the
3.2specific chemical designation: Acetylmethadol; Allylprodine; Alphacetylmethadol;
3.3Alphameprodine; Alphamethadol; Benzethidine; Betacetylmethadol; Betameprodine;
3.4Betamethadol; Betaprodine; Clonitazene; Dextromoramide; Dextrorphan; Diampromide;
3.5Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl
3.6butyrate; Dipipanone; Ethylmethylthiambutene; Etonitazene; Etoxeridine; Furethidine;
3.7Hydroxypethidine; Ketobemidone; Levomoramide; Levophenacylmorphan;
3.8Morpheridine; Noracymethadol; Norlevorphanol; Normethadone; Norpipanone;
3.9Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; Piritramide;
3.10Proheptazine; Properidine; Racemoramide; Trimeperidine.
3.11(2) Any of the following opium derivatives, their salts, isomers and salts of
3.12isomers, unless specifically excepted, whenever the existence ofsuch the salts, isomers
3.13and salts of isomers is possible within the specific chemical designation: Acetorphine;
3.14Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; Codeine methylbromide;
3.15Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Etorphine; Heroin;
3.16Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine methylbromide;
3.17Morphine methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine;
3.18Normorphine; Pholcodine; Thebacon.
3.19(3) Any material, compound, mixture or preparation which contains any quantity of
3.20the following hallucinogenic substances, their salts, isomers (whether optical, positional,
3.21or geometric), and salts of isomers, unless specifically excepted or unless listed in
3.22another schedule, whenever the existence ofsuch the salts, isomers, and salts of isomers
3.23is possiblewithin the specific chemical designation: 3,4-methylenedioxy amphetamine;
3.243,4-methylenedioxymethamphetamine; 4-bromo-2,5-dimethoxyamphetamine;
3.252,5-dimethoxyamphetamine; 4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy
3.26amphetamine; Bufotenine; Diethyltryptamine; Dimethyltryptamine; 3,4,5-trimethoxy
3.27amphetamine; 4-methyl-2, 5-dimethoxyamphetamine; Ibogaine; Lysergic acid
3.28diethylamide; marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl
3.29benzilate; Psilocybin; Psilocyn; Tetrahydrocannabinols; 1-(1-(2-thienyl)
3.30cyclohexyl) piperidine; n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl)
3.31pyrrolidine; 2,5-dimethoxy-4-ethylphenethylamine, also known as 2C-E;
3.322,5-dimethoxy-4-iodophenethylamine, also known as 2C-I.
3.33(4) Peyote, providing the listing of peyote as a controlled substance in Schedule I
3.34does not apply to the nondrug use of peyote in bona fide religious ceremonies of the
3.35American Indian Church, and members of the American Indian Church are exempt
3.36from registration. Any person who manufactures peyote for or distributes peyote to the
4.1American Indian Church, however, is required to obtain federal registration annually and
4.2to comply with all other requirements of law.
4.3(5) Unless specifically excepted or unless listed in another schedule, any material
4.4compound, mixture, or preparation which contains any quantity of the following
4.5substances having a depressant effect on the central nervous system, including its salts,
4.6isomers, and salts of isomers whenever the existence ofsuch the salts, isomers, and salts
4.7of isomers is possible within the specific chemical designation:
4.8Mecloqualone;
4.9Flunitrazepam.
4.10(6) Unless specifically excepted or unless listed in another schedule, any material
4.11compound, mixture, or preparation which contains any quantity of the following
4.12substances having a stimulant effect on the central nervous system, including its salts,
4.13isomers, and salts of isomers whenever the existence ofsuch the salts, isomers, and salts
4.14of isomers is possible within the specific chemical designation:
4.15Cathinone;
4.16Methcathinone; 4-methylmethcathinone (mephedrone);
4.173,4-methylenedioxy-N-methylcathinone (methylone); 4-methoxymethcathinone
4.18(methedrone); 3,4 - methylenedioxypyrovalerone (MDPV).
4.19(7) Unless specifically excepted or unless listed in another schedule, any natural or
4.20synthetic material, compound, mixture, or preparation that contains any quantity of a
4.21substance that is a cannabinoid receptor agonist, including, but not limited to, the following
4.22substances and their analogs, including isomers, whether optical, positional, or geometric;
4.23esters; ethers; salts; and salts of isomers, esters, and ethers, whenever the existence of the
4.24isomers, esters, ethers, or salts is possible within the specific chemical designation:
4.251-pentyl-2-methyl-3-(1-naphthoyl)indole (JWH-007),
4.26(2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone (JWH-015),
4.271-Pentyl-3-(1-naphthoyl)indole (JWH-018), 1-hexyl-3-(naphthalen-1-oyl)indole
4.28(JWH-019), 1-Butyl-3-(1-naphthoyl)indole (JWH-073),
4.294-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-081),
4.304-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone
4.31(JWH-098), (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone
4.32(JWH-200), 7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
4.33(JWH-164), 2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone (JWH-203),
4.344-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-210),
4.352-(2-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone (JWH-250),
4.361-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398), (6aR,10aR)-
5.19-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
5.2tetrahydrobenzo[c]chromen-1-ol (HU-210), (R)-(+)-[2,3-Dihydro-5-methyl-3-
5.3(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone
5.4(WIN-55,212-2), 2-[3-hydroxycyclohexyl]- 5-(2-methyloctan-2-yl)phenol (CP47,497),
5.5dimethylheptylpyran.
5.6(8) A controlled substance analog, to the extent that it is implicitly or explicitly
5.7intended for human consumption.
5.8EFFECTIVE DATE.This section is effective July 1, 2011, and applies to crimes
5.9committed on or after that date.
5.10 Sec. 5. Minnesota Statutes 2010, section 152.02, subdivision 8, is amended to read:
5.11 Subd. 8. Add, delete, or reschedule substances. The state Board of Pharmacy
5.12may, by rule, add substances to or delete or reschedule substances listed in this section.
5.13The state Board of Pharmacy, after consulting with the Advisory Council on Controlled
5.14Substances, shall annually, on or before May 1 of each year, conduct a review of the
5.15placement of controlled substances in the various schedules. The Board of Pharmacy may
5.16not delete or reschedule a drug that is in Schedule I, except as provided in subdivision 12.
5.17In making a determination regarding a substance, the Board of Pharmacy shall
5.18consider the following: The actual or relative potential for abuse, the scientific evidence
5.19of its pharmacological effect, if known, the state of current scientific knowledge
5.20regarding the substance, the history and current pattern of abuse, the scope, duration,
5.21and significance of abuse, the risk to public health, the potential of the substance to
5.22produce psychic or physiological dependence liability, and whether the substance is an
5.23immediate precursor of a substance already controlled under this section. The state Board
5.24of Pharmacy may include any nonnarcotic drug authorized by federal law for medicinal
5.25use in a schedule only if such drug must, under either federal or state law or rule, be
5.26sold only on prescription.
5.27 Sec. 6. Minnesota Statutes 2010, section 152.021, subdivision 2, is amended to read:
5.28 Subd. 2. Possession crimes. (a) A person is guilty of a controlled substance crime
5.29in the first degree if:
5.30(1) the person unlawfully possesses one or more mixtures of a total weight of 25
5.31grams or more containing cocaine, heroin, or methamphetamine;
5.32(2) the person unlawfully possesses one or more mixtures of a total weight of 500
5.33grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
6.1(3) the person unlawfully possesses one or more mixtures of a total weight of
6.2500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
6.3controlled substance is packaged in dosage units, equaling 500 or more dosage units; or
6.4(4) the person unlawfully possesses one or more mixtures of a total weight of 100
6.5kilograms or more containing marijuana or Tetrahydrocannabinols.
6.6(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
6.7not be considered in measuring the weight of a mixture except in cases where the mixture
6.8contains four or more fluid ounces of fluid.
6.9EFFECTIVE DATE.This section is effective the day following final enactment,
6.10and applies to crimes committed on or after that date.
6.11 Sec. 7. Minnesota Statutes 2010, section 152.022, subdivision 2, is amended to read:
6.12 Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime
6.13in the second degree if:
6.14(1) the person unlawfully possesses one or more mixtures of a total weight of six
6.15grams or more containing cocaine, heroin, or methamphetamine;
6.16(2) the person unlawfully possesses one or more mixtures of a total weight of 50
6.17grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
6.18(3) the person unlawfully possesses one or more mixtures of a total weight of
6.1950 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
6.20controlled substance is packaged in dosage units, equaling 100 or more dosage units; or
6.21(4) the person unlawfully possesses one or more mixtures of a total weight of 50
6.22kilograms or more containing marijuana or Tetrahydrocannabinols.
6.23(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
6.24not be considered in measuring the weight of a mixture except in cases where the mixture
6.25contains four or more fluid ounces of fluid.
6.26EFFECTIVE DATE.This section is effective the day following final enactment,
6.27and applies to crimes committed on or after that date.
6.28 Sec. 8. Minnesota Statutes 2010, section 152.023, subdivision 2, is amended to read:
6.29 Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in
6.30the third degree if:
6.31(1) on one or more occasions within a 90-day period the person unlawfully possesses
6.32one or more mixtures of a total weight of three grams or more containing cocaine, heroin,
6.33or methamphetamine;
7.1(2) on one or more occasions within a 90-day period the person unlawfully possesses
7.2one or more mixtures of a total weight of ten grams or more containing a narcotic drug
7.3other than cocaine, heroin, or methamphetamine;
7.4(3) on one or more occasions within a 90-day period the person unlawfully possesses
7.5one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
7.6equals 50 or more dosage units;
7.7(4) on one or more occasions within a 90-day period the person unlawfully
7.8possesses any amount of a schedule I or II narcotic drug or five or more dosage
7.9units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
7.103,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
7.11zone, or a drug treatment facility;
7.12(5) on one or more occasions within a 90-day period the person unlawfully possesses
7.13one or more mixtures of a total weight of ten kilograms or more containing marijuana or
7.14Tetrahydrocannabinols; or
7.15(6) the person unlawfully possesses one or more mixtures containing
7.16methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
7.17or a drug treatment facility.
7.18(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
7.19not be considered in measuring the weight of a mixture except in cases where the mixture
7.20contains four or more fluid ounces of fluid.
7.21EFFECTIVE DATE.This section is effective the day following final enactment,
7.22and applies to crimes committed on or after that date.
7.23 Sec. 9. Minnesota Statutes 2010, section 152.027, is amended by adding a subdivision
7.24to read:
7.25 Subd. 6. Sale or possession of synthetic cannabinoids. (a) As used in this
7.26subdivision, "synthetic cannabinoid" includes any substance included in section 152.02,
7.27subdivision 2, clause (7).
7.28(b) A person who unlawfully sells any amount of a synthetic cannabinoid is guilty
7.29of a gross misdemeanor.
7.30(c) A person who unlawfully possesses any amount of a synthetic cannabinoid is
7.31guilty of a misdemeanor.
7.32(d) Notwithstanding any contrary provision in sections 152.021 to 152.025, this
7.33subdivision describes the exclusive penalties for the sale and possession of synthetic
7.34cannabinoid.
8.1EFFECTIVE DATE.This section is effective July 1, 2011, and applies to crimes
8.2committed on or after that date."
8.3Delete the title and insert:
8.5relating to public safety; establishing the crimes of sale or possession of
8.6synthetic cannabinoids; adding synthetic cannabinoids, 2C-E, and 2C-I to
8.7the list of Schedule I controlled substances; adding a definition of "analog"
8.8in the controlled substances law; providing that an analog of a Schedule I
8.9or II controlled substance is considered a Schedule I controlled substance;
8.10establishing use of weight of fluid used in a water pipe when determining weight
8.11or amount of controlled substance; providing that the Board of Pharmacy may
8.12reschedule certain drugs only pursuant to law; providing criminal penalties;
8.13amending Minnesota Statutes 2010, sections 152.01, subdivisions 9a, 16, by
8.14adding a subdivision; 152.02, subdivisions 2, 8; 152.021, subdivision 2; 152.022,
8.15subdivision 2; 152.023, subdivision 2; 152.027, by adding a subdivision."
1.3relating to public safety; establishing the crimes of sale or possession of synthetic
1.4cannabinoids; including a person under the influence of a synthetic cannabinoid
1.5for a driving while impaired crime; providing for a penalty;amending Minnesota
1.6Statutes 2010, sections 152.027, by adding a subdivision; 169A.20, subdivisions
1.71, 1a, 1b, 1c.
1.8May 17, 2011
1.9The Honorable Kurt Zellers
1.10Speaker of the House of Representatives
1.11The Honorable Michelle L. Fischbach
1.12President of the Senate
1.13We, the undersigned conferees for H. F. No. 57 report that we have agreed upon the
1.14items in dispute and recommend as follows:
1.15That the Senate recede from its amendments and that H. F. No. 57 be further
1.16amended as follows:
1.17Delete everything after the enacting clause and insert:
1.18 "Section 1. Minnesota Statutes 2010, section 152.01, subdivision 9a, is amended to
1.19read:
1.20 Subd. 9a. Mixture. "Mixture" means a preparation, compound, mixture, or
1.21substance containing a controlled substance, regardless of purity except as provided in
1.22subdivision 16; sections 152.021, subdivision 2, paragraph (b); 152.022, subdivision 2,
1.23paragraph (b); and 152.023, subdivision 2, paragraph (b).
1.24EFFECTIVE DATE.This section is effective the day following final enactment,
1.25and applies to crimes committed on or after that date.
1.26 Sec. 2. Minnesota Statutes 2010, section 152.01, subdivision 16, is amended to read:
1.27 Subd. 16. Small amount. "Small amount" as applied to marijuana means 42.5
1.28grams or less. This provision shall not apply to the resinous form of marijuana. The
2.1weight of fluid used in a water pipe may not be considered in determining a small amount
2.2except in cases where the marijuana is mixed with four or more fluid ounces of fluid.
2.3EFFECTIVE DATE.This section is effective the day following final enactment,
2.4and applies to crimes committed on or after that date.
2.5 Sec. 3. Minnesota Statutes 2010, section 152.01, is amended by adding a subdivision
2.6to read:
2.7 Subd. 23. Analog. (a) Except as provided in paragraph (b), "analog" means a
2.8substance, the chemical structure of which is substantially similar to the chemical structure
2.9of a controlled substance in Schedule I or II:
2.10(1) that has a stimulant, depressant, or hallucinogenic effect on the central nervous
2.11system that is substantially similar to or greater than the stimulant, depressant, or
2.12hallucinogenic effect on the central nervous system of a controlled substance in Schedule
2.13I or II; or
2.14(2) with respect to a particular person, if the person represents or intends that the
2.15substance have a stimulant, depressant, or hallucinogenic effect on the central nervous
2.16system that is substantially similar to or greater than the stimulant, depressant, or
2.17hallucinogenic effect on the central nervous system of a controlled substance in Schedule I
2.18or II.
2.19(b) "Analog" does not include:
2.20(1) a controlled substance;
2.21(2) any substance for which there is an approved new drug application under the
2.22Federal Food, Drug, and Cosmetic Act; or
2.23(3) with respect to a particular person, any substance, if an exemption is in effect for
2.24investigational use, for that person, as provided by United States Code, title 21, section
2.25355, and the person is registered as a controlled substance researcher as required under
2.26section 152.12, subdivision 3, to the extent conduct with respect to the substance is
2.27pursuant to the exemption and registration.
2.28EFFECTIVE DATE.This section is effective July 1, 2011, and applies to crimes
2.29committed on or after that date.
2.30 Sec. 4. Minnesota Statutes 2010, section 152.02, subdivision 2, is amended to read:
2.31 Subd. 2. Schedule I. The following items are listed in Schedule I:
2.32(1) Any of the following substances, including their isomers, esters, ethers,
2.33salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever
3.1the existence of
3.2specific chemical designation: Acetylmethadol; Allylprodine; Alphacetylmethadol;
3.3Alphameprodine; Alphamethadol; Benzethidine; Betacetylmethadol; Betameprodine;
3.4Betamethadol; Betaprodine; Clonitazene; Dextromoramide; Dextrorphan; Diampromide;
3.5Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl
3.6butyrate; Dipipanone; Ethylmethylthiambutene; Etonitazene; Etoxeridine; Furethidine;
3.7Hydroxypethidine; Ketobemidone; Levomoramide; Levophenacylmorphan;
3.8Morpheridine; Noracymethadol; Norlevorphanol; Normethadone; Norpipanone;
3.9Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; Piritramide;
3.10Proheptazine; Properidine; Racemoramide; Trimeperidine.
3.11(2) Any of the following opium derivatives, their salts, isomers and salts of
3.12isomers, unless specifically excepted, whenever the existence of
3.13and salts of isomers is possible within the specific chemical designation: Acetorphine;
3.14Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; Codeine methylbromide;
3.15Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Etorphine; Heroin;
3.16Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine methylbromide;
3.17Morphine methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine;
3.18Normorphine; Pholcodine; Thebacon.
3.19(3) Any material, compound, mixture or preparation which contains any quantity of
3.20the following hallucinogenic substances, their salts, isomers (whether optical, positional,
3.21or geometric), and salts of isomers, unless specifically excepted or unless listed in
3.22another schedule, whenever the existence of
3.23is possible
3.243,4-methylenedioxymethamphetamine; 4-bromo-2,5-dimethoxyamphetamine;
3.252,5-dimethoxyamphetamine; 4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy
3.26amphetamine; Bufotenine; Diethyltryptamine; Dimethyltryptamine; 3,4,5-trimethoxy
3.27amphetamine; 4-methyl-2, 5-dimethoxyamphetamine; Ibogaine; Lysergic acid
3.28diethylamide; marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl
3.29benzilate; Psilocybin; Psilocyn; Tetrahydrocannabinols; 1-(1-(2-thienyl)
3.30cyclohexyl) piperidine; n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl)
3.31pyrrolidine; 2,5-dimethoxy-4-ethylphenethylamine, also known as 2C-E;
3.322,5-dimethoxy-4-iodophenethylamine, also known as 2C-I.
3.33(4) Peyote, providing the listing of peyote as a controlled substance in Schedule I
3.34does not apply to the nondrug use of peyote in bona fide religious ceremonies of the
3.35American Indian Church, and members of the American Indian Church are exempt
3.36from registration. Any person who manufactures peyote for or distributes peyote to the
4.1American Indian Church, however, is required to obtain federal registration annually and
4.2to comply with all other requirements of law.
4.3(5) Unless specifically excepted or unless listed in another schedule, any material
4.4compound, mixture, or preparation which contains any quantity of the following
4.5substances having a depressant effect on the central nervous system, including its salts,
4.6isomers, and salts of isomers whenever the existence of
4.7of isomers is possible within the specific chemical designation:
4.8Mecloqualone;
4.9Flunitrazepam.
4.10(6) Unless specifically excepted or unless listed in another schedule, any material
4.11compound, mixture, or preparation which contains any quantity of the following
4.12substances having a stimulant effect on the central nervous system, including its salts,
4.13isomers, and salts of isomers whenever the existence of
4.14of isomers is possible within the specific chemical designation:
4.15Cathinone;
4.16Methcathinone; 4-methylmethcathinone (mephedrone);
4.173,4-methylenedioxy-N-methylcathinone (methylone); 4-methoxymethcathinone
4.18(methedrone); 3,4 - methylenedioxypyrovalerone (MDPV).
4.19(7) Unless specifically excepted or unless listed in another schedule, any natural or
4.20synthetic material, compound, mixture, or preparation that contains any quantity of a
4.21substance that is a cannabinoid receptor agonist, including, but not limited to, the following
4.22substances and their analogs, including isomers, whether optical, positional, or geometric;
4.23esters; ethers; salts; and salts of isomers, esters, and ethers, whenever the existence of the
4.24isomers, esters, ethers, or salts is possible within the specific chemical designation:
4.251-pentyl-2-methyl-3-(1-naphthoyl)indole (JWH-007),
4.26(2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone (JWH-015),
4.271-Pentyl-3-(1-naphthoyl)indole (JWH-018), 1-hexyl-3-(naphthalen-1-oyl)indole
4.28(JWH-019), 1-Butyl-3-(1-naphthoyl)indole (JWH-073),
4.294-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-081),
4.304-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone
4.31(JWH-098), (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone
4.32(JWH-200), 7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
4.33(JWH-164), 2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone (JWH-203),
4.344-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-210),
4.352-(2-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone (JWH-250),
4.361-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398), (6aR,10aR)-
5.19-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
5.2tetrahydrobenzo[c]chromen-1-ol (HU-210), (R)-(+)-[2,3-Dihydro-5-methyl-3-
5.3(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone
5.4(WIN-55,212-2), 2-[3-hydroxycyclohexyl]- 5-(2-methyloctan-2-yl)phenol (CP47,497),
5.5dimethylheptylpyran.
5.6(8) A controlled substance analog, to the extent that it is implicitly or explicitly
5.7intended for human consumption.
5.8EFFECTIVE DATE.This section is effective July 1, 2011, and applies to crimes
5.9committed on or after that date.
5.10 Sec. 5. Minnesota Statutes 2010, section 152.02, subdivision 8, is amended to read:
5.11 Subd. 8. Add, delete, or reschedule substances. The state Board of Pharmacy
5.12may, by rule, add substances to or delete or reschedule substances listed in this section.
5.13
5.14
5.15
5.16not delete or reschedule a drug that is in Schedule I, except as provided in subdivision 12.
5.17In making a determination regarding a substance, the Board of Pharmacy shall
5.18consider the following: The actual or relative potential for abuse, the scientific evidence
5.19of its pharmacological effect, if known, the state of current scientific knowledge
5.20regarding the substance, the history and current pattern of abuse, the scope, duration,
5.21and significance of abuse, the risk to public health, the potential of the substance to
5.22produce psychic or physiological dependence liability, and whether the substance is an
5.23immediate precursor of a substance already controlled under this section. The state Board
5.24of Pharmacy may include any nonnarcotic drug authorized by federal law for medicinal
5.25use in a schedule only if such drug must, under either federal or state law or rule, be
5.26sold only on prescription.
5.27 Sec. 6. Minnesota Statutes 2010, section 152.021, subdivision 2, is amended to read:
5.28 Subd. 2. Possession crimes. (a) A person is guilty of a controlled substance crime
5.29in the first degree if:
5.30(1) the person unlawfully possesses one or more mixtures of a total weight of 25
5.31grams or more containing cocaine, heroin, or methamphetamine;
5.32(2) the person unlawfully possesses one or more mixtures of a total weight of 500
5.33grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
6.1(3) the person unlawfully possesses one or more mixtures of a total weight of
6.2500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
6.3controlled substance is packaged in dosage units, equaling 500 or more dosage units; or
6.4(4) the person unlawfully possesses one or more mixtures of a total weight of 100
6.5kilograms or more containing marijuana or Tetrahydrocannabinols.
6.6(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
6.7not be considered in measuring the weight of a mixture except in cases where the mixture
6.8contains four or more fluid ounces of fluid.
6.9EFFECTIVE DATE.This section is effective the day following final enactment,
6.10and applies to crimes committed on or after that date.
6.11 Sec. 7. Minnesota Statutes 2010, section 152.022, subdivision 2, is amended to read:
6.12 Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime
6.13in the second degree if:
6.14(1) the person unlawfully possesses one or more mixtures of a total weight of six
6.15grams or more containing cocaine, heroin, or methamphetamine;
6.16(2) the person unlawfully possesses one or more mixtures of a total weight of 50
6.17grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
6.18(3) the person unlawfully possesses one or more mixtures of a total weight of
6.1950 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
6.20controlled substance is packaged in dosage units, equaling 100 or more dosage units; or
6.21(4) the person unlawfully possesses one or more mixtures of a total weight of 50
6.22kilograms or more containing marijuana or Tetrahydrocannabinols.
6.23(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
6.24not be considered in measuring the weight of a mixture except in cases where the mixture
6.25contains four or more fluid ounces of fluid.
6.26EFFECTIVE DATE.This section is effective the day following final enactment,
6.27and applies to crimes committed on or after that date.
6.28 Sec. 8. Minnesota Statutes 2010, section 152.023, subdivision 2, is amended to read:
6.29 Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in
6.30the third degree if:
6.31(1) on one or more occasions within a 90-day period the person unlawfully possesses
6.32one or more mixtures of a total weight of three grams or more containing cocaine, heroin,
6.33or methamphetamine;
7.1(2) on one or more occasions within a 90-day period the person unlawfully possesses
7.2one or more mixtures of a total weight of ten grams or more containing a narcotic drug
7.3other than cocaine, heroin, or methamphetamine;
7.4(3) on one or more occasions within a 90-day period the person unlawfully possesses
7.5one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
7.6equals 50 or more dosage units;
7.7(4) on one or more occasions within a 90-day period the person unlawfully
7.8possesses any amount of a schedule I or II narcotic drug or five or more dosage
7.9units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
7.103,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
7.11zone, or a drug treatment facility;
7.12(5) on one or more occasions within a 90-day period the person unlawfully possesses
7.13one or more mixtures of a total weight of ten kilograms or more containing marijuana or
7.14Tetrahydrocannabinols; or
7.15(6) the person unlawfully possesses one or more mixtures containing
7.16methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
7.17or a drug treatment facility.
7.18(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
7.19not be considered in measuring the weight of a mixture except in cases where the mixture
7.20contains four or more fluid ounces of fluid.
7.21EFFECTIVE DATE.This section is effective the day following final enactment,
7.22and applies to crimes committed on or after that date.
7.23 Sec. 9. Minnesota Statutes 2010, section 152.027, is amended by adding a subdivision
7.24to read:
7.25 Subd. 6. Sale or possession of synthetic cannabinoids. (a) As used in this
7.26subdivision, "synthetic cannabinoid" includes any substance included in section 152.02,
7.27subdivision 2, clause (7).
7.28(b) A person who unlawfully sells any amount of a synthetic cannabinoid is guilty
7.29of a gross misdemeanor.
7.30(c) A person who unlawfully possesses any amount of a synthetic cannabinoid is
7.31guilty of a misdemeanor.
7.32(d) Notwithstanding any contrary provision in sections 152.021 to 152.025, this
7.33subdivision describes the exclusive penalties for the sale and possession of synthetic
7.34cannabinoid.
8.1EFFECTIVE DATE.This section is effective July 1, 2011, and applies to crimes
8.2committed on or after that date."
8.3Delete the title and insert:
8.5relating to public safety; establishing the crimes of sale or possession of
8.6synthetic cannabinoids; adding synthetic cannabinoids, 2C-E, and 2C-I to
8.7the list of Schedule I controlled substances; adding a definition of "analog"
8.8in the controlled substances law; providing that an analog of a Schedule I
8.9or II controlled substance is considered a Schedule I controlled substance;
8.10establishing use of weight of fluid used in a water pipe when determining weight
8.11or amount of controlled substance; providing that the Board of Pharmacy may
8.12reschedule certain drugs only pursuant to law; providing criminal penalties;
8.13amending Minnesota Statutes 2010, sections 152.01, subdivisions 9a, 16, by
8.14adding a subdivision; 152.02, subdivisions 2, 8; 152.021, subdivision 2; 152.022,
8.15subdivision 2; 152.023, subdivision 2; 152.027, by adding a subdivision."
