HF 1464

as introduced - 88th Legislature (2013 - 2014) Posted on 03/11/2013 02:55pm

A bill for an act
relating to crime; providing criminal penalties for selling or possessing a
synthetic drug look-alike substance; proposing coding for new law in Minnesota
Statutes, chapter 152.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [152.091] SYNTHETIC DRUG LOOK-ALIKE SUBSTANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin (a) For the purposes of this section, "synthetic drug
look-alike substance" means one or more of the following:
new text end

new text begin (1) a substance that a reasonable person would believe is a synthetic drug;
new text end

new text begin (2) a substance that a reasonable person would believe is being purchased or sold as
a synthetic drug; or
new text end

new text begin (3) a substance that a person knows or should have known was intended to be
consumed by injection, inhalation, ingestion, or any other immediate means, and
consumption was intended to cause or simulate a stimulant, depressant, or hallucinogenic
effect on the central nervous system that is substantially similar to or greater than
the stimulant, depressant, or hallucinogenic effect on the central nervous system of a
controlled substance in Schedule I.
new text end

new text begin (b) Synthetic drug look-alike substance does not include:
new text end

new text begin (1) food and food ingredients;
new text end

new text begin (2) alcohol;
new text end

new text begin (3) legend drugs;
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new text begin (4) tobacco; or
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new text begin (5) dietary supplements.
new text end

new text begin Subd. 2. new text end

new text begin Sale crime. new text end

new text begin (a) Except as provided in paragraph (b), a person who
unlawfully sells one or more mixtures of a synthetic drug look-alike substance is guilty of
a felony and may be sentenced to imprisonment for not more than five years or to payment
of a fine of not more than $10,000, or both.
new text end

new text begin (b) A person who unlawfully sells one or more mixtures of a marijuana or
Tetrahydrocannabinols synthetic drug look-alike substance for no remuneration is guilty
of a gross misdemeanor and may be sentenced to imprisonment for not more than one year
or to payment of a fine of not more than $3,000, or both.
new text end

new text begin Subd. 3. new text end

new text begin Possession crime. new text end

new text begin (a) Except as provided in paragraph (b), a person who
unlawfully possesses one or more mixtures of a synthetic drug look-alike substance is
guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than
one year or to payment of a fine of not more than $3,000, or both.
new text end

new text begin (b) A person who unlawfully possesses one or more mixtures of a marijuana or
Tetrahydrocannabinols synthetic drug look-alike substance is guilty of a misdemeanor and
may be sentenced to imprisonment for not more than 90 days or to payment of a fine of
not more than $1,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end