Bill Text: MN SF1092 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Analogues addition to schedule I controlled substances list
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-04-04 - Referred to Judiciary and Public Safety [SF1092 Detail]
Download: Minnesota-2011-SF1092-Introduced.html
1.2relating to controlled substances; adding to the list of Schedule I controlled
1.3substances; adding a definition of "analogue" in the controlled substances law;
1.4amending Minnesota Statutes 2010, sections 152.01, by adding a subdivision;
1.5152.02, subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 152.01, is amended by adding a
1.8subdivision to read:
1.9 Subd. 23. Analogue. (a) Except as provided in paragraph (b), "analogue" means a
1.10substance:
1.11(1) the chemical structure of which is substantially similar to the chemical structure
1.12of a controlled substance in Schedule I or II;
1.13(2) that has a stimulant, depressant, or hallucinogenic effect on the central nervous
1.14system that is substantially similar to or greater than the stimulant, depressant, or
1.15hallucinogenic effect on the central nervous system of a controlled substance in Schedule
1.16I or II; or
1.17(3) with respect to a particular person, which such person represents or intends to
1.18have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is
1.19substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect
1.20on the central nervous system of a controlled substance in Schedule I or II.
1.21(b) "Analogue" does not include:
1.22(1) a controlled substance;
1.23(2) any substance for which there is an approved new drug application under the
1.24Federal Food, Drug, and Cosmetic Act; or
2.1(3) with respect to a particular person, any substance, if an exemption is in effect for
2.2investigational use, for that person, as provided by United States Code, title 21, section
2.3355, and the person is registered as a controlled substance researcher as required under
2.4section 152.12, subdivision 3, to the extent conduct with respect to such substance is
2.5pursuant to such exemption and registration.
2.6EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.7committed on or after that date.
2.8 Sec. 2. Minnesota Statutes 2010, section 152.02, subdivision 2, is amended to read:
2.9 Subd. 2. Schedule I. The following items are listed in Schedule I:
2.10(1) Any of the following substances, including their isomers, esters, ethers, salts, and
2.11salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of
2.12such isomers, esters, ethers and salts is possible within the specific chemical designation:
2.13Acetylmethadol; Allylprodine; Alphacetylmethadol; Alphameprodine; Alphamethadol;
2.14Benzethidine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine;
2.15Clonitazene; Dextromoramide; Dextrorphan; Diampromide; Diethyliambutene;
2.16Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl butyrate; Dipipanone;
2.17Ethylmethylthiambutene; Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine;
2.18Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; Noracymethadol;
2.19Norlevorphanol; Normethadone; Norpipanone; Phenadoxone; Phenampromide;
2.20Phenomorphan; Phenoperidine; Piritramide; Proheptazine; Properidine; Racemoramide;
2.21Trimeperidine.
2.22(2) Any of the following opium derivatives, their salts, isomers and salts of
2.23isomers, unless specifically excepted, whenever the existence of such salts, isomers
2.24and salts of isomers is possible within the specific chemical designation: Acetorphine;
2.25Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; Codeine methylbromide;
2.26Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Etorphine; Heroin;
2.27Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine methylbromide;
2.28Morphine methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine;
2.29Normorphine; Pholcodine; Thebacon.
2.30(3) Any material, compound, mixture or preparation which contains any
2.31quantity of the following hallucinogenic substances, their analogues (including
2.32homologues), salts, isomers (whether optical, positional, or geometric), and salts of
2.33isomers, unless specifically excepted or unless listed in another schedule, whenever
2.34the existence of such analogues, salts, isomers, and salts of isomers is possible
2.35within the specific chemical designation: 3,4-methylenedioxy amphetamine;
3.13,4-methylenedioxymethamphetamine; 4-bromo-2,5-dimethoxyamphetamine;
3.22,5-dimethoxyamphetamine; 4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy
3.3amphetamine; Bufotenine; Diethyltryptamine; Dimethyltryptamine; 3,4,5-trimethoxy
3.4amphetamine; 4-methyl-2, 5-dimethoxyamphetamine; Ibogaine; Lysergic acid
3.5diethylamide; marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl
3.6benzilate; Psilocybin; Psilocyn; Tetrahydrocannabinols; 1-(1-(2-thienyl)
3.7cyclohexyl) piperidine; n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl)
3.8pyrrolidine; 2,5-dimethoxy-4-ethylphenethylamine, also known as 2C-E;
3.92,5-dimethoxy-4-iodophenethylamine, also known as 2C-I.
3.10(4) Peyote, providing the listing of peyote as a controlled substance in Schedule I
3.11does not apply to the nondrug use of peyote in bona fide religious ceremonies of the
3.12American Indian Church, and members of the American Indian Church are exempt
3.13from registration. Any person who manufactures peyote for or distributes peyote to the
3.14American Indian Church, however, is required to obtain federal registration annually and
3.15to comply with all other requirements of law.
3.16(5) Unless specifically excepted or unless listed in another schedule, any material
3.17compound, mixture, or preparation which contains any quantity of the following
3.18substances having a depressant effect on the central nervous system, including its salts,
3.19isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
3.20isomers is possible within the specific chemical designation:
3.21Mecloqualone;
3.22Flunitrazepam.
3.23(6) Unless specifically excepted or unless listed in another schedule, any material
3.24compound, mixture, or preparation which contains any quantity of the following
3.25substances having a stimulant effect on the central nervous system, including its salts,
3.26isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
3.27isomers is possible within the specific chemical designation:
3.28Cathinone;
3.29Methcathinone.
3.30EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.31committed on or after that date.
1.3substances; adding a definition of "analogue" in the controlled substances law;
1.4amending Minnesota Statutes 2010, sections 152.01, by adding a subdivision;
1.5152.02, subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 152.01, is amended by adding a
1.8subdivision to read:
1.9 Subd. 23. Analogue. (a) Except as provided in paragraph (b), "analogue" means a
1.10substance:
1.11(1) the chemical structure of which is substantially similar to the chemical structure
1.12of a controlled substance in Schedule I or II;
1.13(2) that has a stimulant, depressant, or hallucinogenic effect on the central nervous
1.14system that is substantially similar to or greater than the stimulant, depressant, or
1.15hallucinogenic effect on the central nervous system of a controlled substance in Schedule
1.16I or II; or
1.17(3) with respect to a particular person, which such person represents or intends to
1.18have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is
1.19substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect
1.20on the central nervous system of a controlled substance in Schedule I or II.
1.21(b) "Analogue" does not include:
1.22(1) a controlled substance;
1.23(2) any substance for which there is an approved new drug application under the
1.24Federal Food, Drug, and Cosmetic Act; or
2.1(3) with respect to a particular person, any substance, if an exemption is in effect for
2.2investigational use, for that person, as provided by United States Code, title 21, section
2.3355, and the person is registered as a controlled substance researcher as required under
2.4section 152.12, subdivision 3, to the extent conduct with respect to such substance is
2.5pursuant to such exemption and registration.
2.6EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.7committed on or after that date.
2.8 Sec. 2. Minnesota Statutes 2010, section 152.02, subdivision 2, is amended to read:
2.9 Subd. 2. Schedule I. The following items are listed in Schedule I:
2.10(1) Any of the following substances, including their isomers, esters, ethers, salts, and
2.11salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of
2.12such isomers, esters, ethers and salts is possible within the specific chemical designation:
2.13Acetylmethadol; Allylprodine; Alphacetylmethadol; Alphameprodine; Alphamethadol;
2.14Benzethidine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine;
2.15Clonitazene; Dextromoramide; Dextrorphan; Diampromide; Diethyliambutene;
2.16Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl butyrate; Dipipanone;
2.17Ethylmethylthiambutene; Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine;
2.18Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; Noracymethadol;
2.19Norlevorphanol; Normethadone; Norpipanone; Phenadoxone; Phenampromide;
2.20Phenomorphan; Phenoperidine; Piritramide; Proheptazine; Properidine; Racemoramide;
2.21Trimeperidine.
2.22(2) Any of the following opium derivatives, their salts, isomers and salts of
2.23isomers, unless specifically excepted, whenever the existence of such salts, isomers
2.24and salts of isomers is possible within the specific chemical designation: Acetorphine;
2.25Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; Codeine methylbromide;
2.26Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Etorphine; Heroin;
2.27Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine methylbromide;
2.28Morphine methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine;
2.29Normorphine; Pholcodine; Thebacon.
2.30(3) Any material, compound, mixture or preparation which contains any
2.31quantity of the following hallucinogenic substances, their analogues (including
2.32homologues), salts, isomers (whether optical, positional, or geometric), and salts of
2.33isomers, unless specifically excepted or unless listed in another schedule, whenever
2.34the existence of such analogues, salts, isomers, and salts of isomers is possible
2.35
3.13,4-methylenedioxymethamphetamine; 4-bromo-2,5-dimethoxyamphetamine;
3.22,5-dimethoxyamphetamine; 4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy
3.3amphetamine; Bufotenine; Diethyltryptamine; Dimethyltryptamine; 3,4,5-trimethoxy
3.4amphetamine; 4-methyl-2, 5-dimethoxyamphetamine; Ibogaine; Lysergic acid
3.5diethylamide; marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl
3.6benzilate; Psilocybin; Psilocyn; Tetrahydrocannabinols; 1-(1-(2-thienyl)
3.7cyclohexyl) piperidine; n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl)
3.8pyrrolidine; 2,5-dimethoxy-4-ethylphenethylamine, also known as 2C-E;
3.92,5-dimethoxy-4-iodophenethylamine, also known as 2C-I.
3.10(4) Peyote, providing the listing of peyote as a controlled substance in Schedule I
3.11does not apply to the nondrug use of peyote in bona fide religious ceremonies of the
3.12American Indian Church, and members of the American Indian Church are exempt
3.13from registration. Any person who manufactures peyote for or distributes peyote to the
3.14American Indian Church, however, is required to obtain federal registration annually and
3.15to comply with all other requirements of law.
3.16(5) Unless specifically excepted or unless listed in another schedule, any material
3.17compound, mixture, or preparation which contains any quantity of the following
3.18substances having a depressant effect on the central nervous system, including its salts,
3.19isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
3.20isomers is possible within the specific chemical designation:
3.21Mecloqualone;
3.22Flunitrazepam.
3.23(6) Unless specifically excepted or unless listed in another schedule, any material
3.24compound, mixture, or preparation which contains any quantity of the following
3.25substances having a stimulant effect on the central nervous system, including its salts,
3.26isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
3.27isomers is possible within the specific chemical designation:
3.28Cathinone;
3.29Methcathinone.
3.30EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.31committed on or after that date.
