HF 1136

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to controlled substances; medical care; 
  1.3             allowing physicians to prescribe marijuana and 
  1.4             Tetrahydrocannabinols for the treatment of specified 
  1.5             medical conditions; amending Minnesota Statutes 1994, 
  1.6             section 152.02, subdivisions 2 and 3; proposing coding 
  1.7             for new law in Minnesota Statutes, chapter 152; 
  1.8             repealing Minnesota Statutes 1994, section 152.21. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 152.02, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  The following items are listed in Schedule I: 
  1.13     (1) Any of the following substances, including their 
  1.14  isomers, esters, ethers, salts, and salts of isomers, esters, 
  1.15  and ethers, unless specifically excepted, whenever the existence 
  1.16  of such isomers, esters, ethers and salts is possible within the 
  1.17  specific chemical designation: Acetylmethadol; Allylprodine; 
  1.18  Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; 
  1.19  Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 
  1.20  Clonitazene; Dextromoramide; Dextrorphan; Diampromide; 
  1.21  Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; 
  1.22  Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; 
  1.23  Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; 
  1.24  Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; 
  1.25  Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; 
  1.26  Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; 
  1.27  Piritramide; Proheptazine; Properidine; Racemoramide; 
  2.1   Trimeperidine.  
  2.2      (2) Any of the following opium derivatives, their salts, 
  2.3   isomers and salts of isomers, unless specifically excepted, 
  2.4   whenever the existence of such salts, isomers and salts of 
  2.5   isomers is possible within the specific chemical designation:  
  2.6   Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; 
  2.7   Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; 
  2.8   Desomorphine; Dihydromorphine; Etorphine; Heroin; 
  2.9   Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine 
  2.10  methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; 
  2.11  Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; 
  2.12  Thebacon.  
  2.13     (3) Any material, compound, mixture or preparation which 
  2.14  contains any quantity of the following hallucinogenic 
  2.15  substances, their salts, isomers and salts of isomers, unless 
  2.16  specifically excepted, whenever the existence of such salts, 
  2.17  isomers, and salts of isomers is possible within the specific 
  2.18  chemical designation: 3,4-methylenedioxy amphetamine; 
  2.19  4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine; 
  2.20  4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; 
  2.21  Bufotenine; Diethyltryptamine; Dimethyltryptamine; 
  2.22  3,4,5-trimethoxy amphetamine; 4-methyl-2, 
  2.23  5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; 
  2.24  marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; 
  2.25  N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; 
  2.26  Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; 
  2.27  n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) 
  2.28  pyrrolidine.  
  2.29     (4) Peyote, providing the listing of peyote as a controlled 
  2.30  substance in schedule I does not apply to the nondrug use of 
  2.31  peyote in bona fide religious ceremonies of the American Indian 
  2.32  Church, and members of the American Indian Church are exempt 
  2.33  from registration.  Any person who manufactures peyote for or 
  2.34  distributes peyote to the American Indian Church, however, is 
  2.35  required to obtain federal registration annually and to comply 
  2.36  with all other requirements of law.  
  3.1      (5) Unless specifically excepted or unless listed in 
  3.2   another schedule, any material compound, mixture, or preparation 
  3.3   which contains any quantity of the following substances having a 
  3.4   depressant effect on the central nervous system, including its 
  3.5   salts, isomers, and salts of isomers whenever the existence of 
  3.6   such salts, isomers, and salts of isomers is possible within the 
  3.7   specific chemical designation:  
  3.8      Mecloqualone.  
  3.9      Sec. 2.  Minnesota Statutes 1994, section 152.02, 
  3.10  subdivision 3, is amended to read: 
  3.11     Subd. 3.  The following items are listed in Schedule II:  
  3.12     (1) Unless specifically excepted or unless listed in 
  3.13  another schedule, any of the following substances whether 
  3.14  produced directly or indirectly by extraction from substances of 
  3.15  vegetable origin or independently by means of chemical 
  3.16  synthesis, or by a combination of extraction and chemical 
  3.17  synthesis:  
  3.18     (a) Opium and opiate, and any salt, compound, derivative, 
  3.19  or preparation of opium or opiate, including the following:  raw 
  3.20  opium, opium extracts, opium fluid extracts, powdered opium, 
  3.21  granulated opium, tincture of opium, apomorphine, codeine, 
  3.22  ethylmorphine, hydrocodone, hydromorphone, metopon, morphine, 
  3.23  oxycodone, oxymorphone, thebaine.  
  3.24     (b) Any salt, compound, derivative, or preparation thereof 
  3.25  which is chemically equivalent or identical with any of the 
  3.26  substances referred to in clause (a), except that these 
  3.27  substances shall not include the isoquinoline alkaloids of opium.
  3.28     (c) Opium poppy and poppy straw.  
  3.29     (d) Coca leaves and any salt, compound, derivative, or 
  3.30  preparation of coca leaves, including cocaine and ecgonine, the 
  3.31  salts and isomers of cocaine and ecgonine, and the salts of 
  3.32  their isomers. 
  3.33     (e) Any salt, compound, derivative, or preparation thereof 
  3.34  which is chemically equivalent or identical with any of the 
  3.35  substances referred to in clause (d), except that the substances 
  3.36  shall not include decocainized coca leaves or extraction of coca 
  4.1   leaves, which extractions do not contain cocaine or ecgonine.  
  4.2      (2) Any of the following opiates, including their isomers,
  4.3   esters, ethers, salts, and salts of isomers, esters and ethers, 
  4.4   unless specifically excepted, or unless listed in another 
  4.5   schedule, whenever the existence of such isomers, esters, ethers 
  4.6   and salts is possible within the specific chemical designation:  
  4.7   Alfentanil; Alphaprodine; Anileridine; Bezitramide; 
  4.8   Dihydrocodeine; Dihydromorphinone; Diphenoxylate; Fentanyl; 
  4.9   Isomethadone; Levomethorphan; Levorphanol; Metazocine; 
  4.10  Methadone; Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 
  4.11  4-diphenylbutane; Moramide - Intermediate, 
  4.12  2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid; 
  4.13  Pethidine; Pethidine - Intermediate - A, 
  4.14  4-cyano-1-methyl-4-phenylpiperidine; Pethidine - Intermediate - 
  4.15  B, ethyl-4-phenylpiperidine-4-carboxylate; Pethidine - 
  4.16  Intermediate - C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; 
  4.17  Phenazocine; Piminodine; Racemethorphan; Racemorphan. 
  4.18     (3) Unless specifically excepted or unless listed in 
  4.19  another schedule, any material, compound, mixture, or 
  4.20  preparation which contains any quantity of the following 
  4.21  substances having a stimulant effect on the central nervous 
  4.22  system:  
  4.23     (a) Amphetamine, its salts, optical isomers, and salts of 
  4.24  its optical isomers; 
  4.25     (b) Methamphetamine, its salts, isomers, and salts of its 
  4.26  isomers; 
  4.27     (c) Phenmetrazine and its salts; 
  4.28     (d) Methylphenidate.  
  4.29     (4) Unless specifically excepted or unless listed in 
  4.30  another schedule, any material, compound, mixture, or 
  4.31  preparation which contains any quantity of the following 
  4.32  substances having a depressant effect on the central nervous 
  4.33  system, including its salts, isomers, and salts of isomers 
  4.34  whenever the existence of such salts, isomers, and salts of 
  4.35  isomers is possible within the specific chemical designation:  
  4.36     (a) Methaqualone 
  5.1      (b) Amobarbital 
  5.2      (c) Secobarbital 
  5.3      (d) Pentobarbital 
  5.4      (e) Phencyclidine 
  5.5      (f) Phencyclidine immediate precursors:  
  5.6      (i) 1-phenylcyclohexylamine 
  5.7      (ii) 1-piperidinocyclohexanecarbonitrile. 
  5.8      (5) Marijuana or Tetrahydrocannabinols. 
  5.9      Sec. 3.  [152.0272] [AFFIRMATIVE DEFENSE.] 
  5.10     It is an affirmative defense to a prosecution for unlawful 
  5.11  possession of marijuana or Tetrahydrocannabinols under sections 
  5.12  152.021 to 152.027 if the defendant proves by a preponderance of 
  5.13  the evidence that the defendant had a need to use the marijuana 
  5.14  or Tetrahydrocannabinols for the treatment of a medical 
  5.15  condition as provided in section 152.22, and that the marijuana 
  5.16  or Tetrahydrocannabinols was dispensed according to chapter 
  5.17  151.  This provision is not intended to condone or promote the 
  5.18  growing, use, or possession of marijuana or 
  5.19  Tetrahydrocannabinols for purposes other than as specified in 
  5.20  this section. 
  5.21     Sec. 4.  [152.22] [PRESCRIPTIONS FOR MARIJUANA OR 
  5.22  TETRAHYDROCANNABINOLS.] 
  5.23     Subdivision 1.  [DEFINITION.] For the purposes of this 
  5.24  section, "medical condition" means a condition such as the 
  5.25  following, and for which other medications have not provided 
  5.26  sufficient relief to the patient: 
  5.27     (1) cancer and other conditions that may require 
  5.28  chemotherapy or radiation therapy; 
  5.29     (2) spastic conditions, including, but not limited to, 
  5.30  cerebral palsy; 
  5.31     (3) vascular conditions; 
  5.32     (4) epilepsy; 
  5.33     (5) glaucoma; 
  5.34     (6) neuralgia; 
  5.35     (7) HIV/AIDS, Chron's disease, or other wasting disorders; 
  5.36     (8) scleroderma; 
  6.1      (9) cystic fibrosis; or 
  6.2      (10) severe intractable pain. 
  6.3      Subd. 2.  [PERMITTED ACTIVITIES.] (a) The following are not 
  6.4   violations under this chapter: 
  6.5      (1) use or possession of marijuana or 
  6.6   Tetrahydrocannabinols, or both, by a patient to whom it was 
  6.7   prescribed by a physician for the treatment of a medical 
  6.8   condition, as defined in subdivision 1; 
  6.9      (2) possession, prescribing, administering, or dispensing 
  6.10  marijuana or Tetrahydrocannabinols by a licensed physician or 
  6.11  pharmacist acting to fill a prescription by a licensed physician 
  6.12  for the treatment of a medical condition, as defined in 
  6.13  subdivision 1; and 
  6.14     (3) importation or distribution of marijuana or 
  6.15  Tetrahydrocannabinols into the state from any licensed federal 
  6.16  manufacturing facility of cannaboid-containing materials under 
  6.17  federal regulations. 
  6.18     (b) Marijuana and Tetrahydrocannabinols obtained and 
  6.19  distributed under this section are not subject to forfeiture 
  6.20  under sections 609.531 to 609.5316.  
  6.21     Subd. 3.  [PILOT PROGRAM TO CONTROL QUALITY OF MEDICINAL 
  6.22  MARIJUANA OR THC.] The board of regents of the University of 
  6.23  Minnesota, through the University of Minnesota school of 
  6.24  pharmacy, is requested to develop and implement a pilot program 
  6.25  to produce medicinal quality marijuana or THC for the purpose of 
  6.26  supplying requesting pharmacists or physicians who are filling 
  6.27  prescriptions as permitted under this section.  In implementing 
  6.28  the pilot program, the board of regents shall consult with the 
  6.29  federal Drug Enforcement Agency to obtain any required federal 
  6.30  licensure and to satisfy any federal quality control 
  6.31  requirements. 
  6.32     Sec. 5.  [REPORT ON UNLAWFUL ACTIVITIES.] 
  6.33     By February 1, 1997, the attorney general shall report to 
  6.34  the legislature on the incidence of any unlawful activities 
  6.35  which are directly related to the provision under Minnesota 
  6.36  Statutes, section 152.22, which permits a physician to prescribe 
  7.1   marijuana or Tetrahydrocannabinols for the treatment of certain 
  7.2   medical conditions.  In preparing this report the attorney 
  7.3   general may rely on information provided by local law 
  7.4   enforcement agencies. 
  7.5      Sec. 6.  [REPEALER.] 
  7.6      Minnesota Statutes 1994, section 152.21, is repealed. 
  7.7      Sec. 7.  [EFFECTIVE DATE.] 
  7.8      Sections 1 to 6 are effective August 1, 1995, and apply to 
  7.9   acts occurring on or after that date. 
  7.10     Sec. 8.  [SUNSET PROVISION.] 
  7.11     Sections 1 to 4 are repealed effective August 1, 1997.  
  7.12  Notwithstanding Minnesota Statutes, section 645.34, the repeal 
  7.13  of sections 1 and 2 of this act revive the provisions of 
  7.14  Minnesota Statutes 1994, section 152.02, subdivisions 2 and 3, 
  7.15  that were in effect before August 1, 1995.