HF 1608

as introduced - 87th Legislature (2011 - 2012) Posted on 04/28/2011 09:58am

A bill for an act
relating to controlled substances; adding to the list of Schedule I controlled
substances; adding a definition of "analogue" in the controlled substances law;
amending Minnesota Statutes 2010, sections 152.01, by adding a subdivision;
152.02, subdivision 2.

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

Section 1.

Minnesota Statutes 2010, section 152.01, is amended by adding a
subdivision to read:

new text begin Subd. 23. new text end

new text begin Analogue. new text end

new text begin (a) Except as provided in paragraph (b), "analogue" means a
substance:
new text end

new text begin (1) the chemical structure of which is substantially similar to the chemical structure
of a controlled substance in Schedule I or II;
new text end

new text begin (2) that has 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 or II; or
new text end

new text begin (3) with respect to a particular person, which such person represents or intends to
have 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 or II.
new text end

new text begin (b) "Analogue" does not include:
new text end

new text begin (1) a controlled substance;
new text end

new text begin (2) any substance for which there is an approved new drug application under the
Federal Food, Drug, and Cosmetic Act; or
new text end

new text begin (3) with respect to a particular person, any substance, if an exemption is in effect for
investigational use, for that person, as provided by United States Code, title 21, section
355, and the person is registered as a controlled substance researcher as required under
section 152.12, subdivision 3, to the extent conduct with respect to such substance is
pursuant to such exemption and registration.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 152.02, subdivision 2, is amended to read:

Subd. 2.

Schedule I.

The following items are listed in Schedule I:

(1) Any of the following substances, including their isomers, esters, ethers, salts, and
salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of
such isomers, esters, ethers and salts is possible within the specific chemical designation:
Acetylmethadol; Allylprodine; Alphacetylmethadol; Alphameprodine; Alphamethadol;
Benzethidine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine;
Clonitazene; Dextromoramide; Dextrorphan; Diampromide; Diethyliambutene;
Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl butyrate; Dipipanone;
Ethylmethylthiambutene; Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine;
Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; Noracymethadol;
Norlevorphanol; Normethadone; Norpipanone; Phenadoxone; Phenampromide;
Phenomorphan; Phenoperidine; Piritramide; Proheptazine; Properidine; Racemoramide;
Trimeperidine.

(2) Any of the following opium derivatives, their salts, isomers and salts of
isomers, unless specifically excepted, whenever the existence of such salts, isomers
and salts of isomers is possible within the specific chemical designation: Acetorphine;
Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; Codeine methylbromide;
Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Etorphine; Heroin;
Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine methylbromide;
Morphine methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine;
Normorphine; Pholcodine; Thebacon.

(3) Any material, compound, mixture or preparation which contains any
quantity of the following hallucinogenic substances, their new text begin analogues (including
homologues), new text end salts, isomers new text begin (whether optical, positional, or geometric), new text end and salts of
isomers, unless specifically excepted new text begin or unless listed in another schedule new text end , whenever
the existence of such new text begin analogues, new text end salts, isomers, and salts of isomers is possible deleted text begin
within the specific chemical designation deleted text end : 3,4-methylenedioxy amphetamine;
3,4-methylenedioxymethamphetamine; 4-bromo-2,5-dimethoxyamphetamine;
2,5-dimethoxyamphetamine; 4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy
amphetamine; Bufotenine; Diethyltryptamine; Dimethyltryptamine; 3,4,5-trimethoxy
amphetamine; 4-methyl-2, 5-dimethoxyamphetamine; Ibogaine; Lysergic acid
diethylamide; marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl
benzilate; Psilocybin; Psilocyn; Tetrahydrocannabinols; 1-(1-(2-thienyl)
cyclohexyl) piperidine; n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl)
pyrrolidine new text begin ; 2,5-dimethoxy-4-ethylphenethylamine, also known as 2C-E;
2,5-dimethoxy-4-iodophenethylamine, also known as 2C-I new text end .

(4) Peyote, providing the listing of peyote as a controlled substance in Schedule I
does not apply to the nondrug use of peyote in bona fide religious ceremonies of the
American Indian Church, and members of the American Indian Church are exempt
from registration. Any person who manufactures peyote for or distributes peyote to the
American Indian Church, however, is required to obtain federal registration annually and
to comply with all other requirements of law.

(5) Unless specifically excepted or unless listed in another schedule, any material
compound, mixture, or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous system, including its salts,
isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:

Mecloqualone;

Flunitrazepam.

(6) Unless specifically excepted or unless listed in another schedule, any material
compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system, including its salts,
isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:

Cathinone;

Methcathinone.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end