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HF 57

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/20/2011 04:00pm

KEY: stricken = removed, old language. underscored = added, new language.

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Engrossments

Introduction Pdf Posted on 01/10/2011
1st Engrossment Pdf Posted on 02/24/2011
2nd Engrossment Pdf Posted on 05/20/2011

Unofficial Engrossments

1st Unofficial Engrossment Pdf Posted on 04/14/2011
2nd Unofficial Engrossment Pdf Posted on 05/13/2011

Conference Committee Reports

LS87-CCR-HF0057 Pdf Posted on 05/18/2011

Current Version - 2nd Engrossment

1.1A bill for an act
1.2relating to public safety; establishing the crimes of sale or possession of
1.3synthetic cannabinoids; adding synthetic cannabinoids, 2C-E, and 2C-I to
1.4the list of Schedule I controlled substances; adding a definition of "analog"
1.5in the controlled substances law; providing that an analog of a Schedule I
1.6or II controlled substance is considered a Schedule I controlled substance;
1.7establishing use of weight of fluid used in a water pipe when determining weight
1.8or amount of controlled substance; providing that the Board of Pharmacy may
1.9reschedule certain drugs only pursuant to law; providing criminal penalties;
1.10amending Minnesota Statutes 2010, sections 152.01, subdivisions 9a, 16, by
1.11adding a subdivision; 152.02, subdivisions 2, 8; 152.021, subdivision 2; 152.022,
1.12subdivision 2; 152.023, subdivision 2; 152.027, by adding a subdivision.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14    Section 1. Minnesota Statutes 2010, section 152.01, subdivision 9a, is amended to read:
1.15    Subd. 9a. Mixture. "Mixture" means a preparation, compound, mixture, or
1.16substance containing a controlled substance, regardless of purity except as provided in
1.17subdivision 16; sections 152.021, subdivision 2, paragraph (b); 152.022, subdivision 2,
1.18paragraph (b); and 152.023, subdivision 2, paragraph (b).
1.19EFFECTIVE DATE.This section is effective the day following final enactment,
1.20and applies to crimes committed on or after that date.

1.21    Sec. 2. Minnesota Statutes 2010, section 152.01, subdivision 16, is amended to read:
1.22    Subd. 16. Small amount. "Small amount" as applied to marijuana means 42.5
1.23grams or less. This provision shall not apply to the resinous form of marijuana. The
1.24weight of fluid used in a water pipe may not be considered in determining a small amount
1.25except in cases where the marijuana is mixed with four or more fluid ounces of fluid.
2.1EFFECTIVE DATE.This section is effective the day following final enactment,
2.2and applies to crimes committed on or after that date.

2.3    Sec. 3. Minnesota Statutes 2010, section 152.01, is amended by adding a subdivision
2.4to read:
2.5    Subd. 23. Analog. (a) Except as provided in paragraph (b), "analog" means a
2.6substance, the chemical structure of which is substantially similar to the chemical structure
2.7of a controlled substance in Schedule I or II:
2.8(1) that has a stimulant, depressant, or hallucinogenic effect on the central nervous
2.9system that is substantially similar to or greater than the stimulant, depressant, or
2.10hallucinogenic effect on the central nervous system of a controlled substance in Schedule
2.11I or II; or
2.12(2) with respect to a particular person, if the person represents or intends that the
2.13substance have a stimulant, depressant, or hallucinogenic effect on the central nervous
2.14system that is substantially similar to or greater than the stimulant, depressant, or
2.15hallucinogenic effect on the central nervous system of a controlled substance in Schedule I
2.16or II.
2.17(b) "Analog" does not include:
2.18(1) a controlled substance;
2.19(2) any substance for which there is an approved new drug application under the
2.20Federal Food, Drug, and Cosmetic Act; or
2.21(3) with respect to a particular person, any substance, if an exemption is in effect for
2.22investigational use, for that person, as provided by United States Code, title 21, section
2.23355, and the person is registered as a controlled substance researcher as required under
2.24section 152.12, subdivision 3, to the extent conduct with respect to the substance is
2.25pursuant to the exemption and registration.
2.26EFFECTIVE DATE.This section is effective July 1, 2011, and applies to crimes
2.27committed on or after that date.

2.28    Sec. 4. Minnesota Statutes 2010, section 152.02, subdivision 2, is amended to read:
2.29    Subd. 2. Schedule I. The following items are listed in Schedule I:
2.30(1) Any of the following substances, including their isomers, esters, ethers,
2.31salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever
2.32the existence of such the isomers, esters, ethers and salts is possible within the
2.33specific chemical designation: Acetylmethadol; Allylprodine; Alphacetylmethadol;
2.34Alphameprodine; Alphamethadol; Benzethidine; Betacetylmethadol; Betameprodine;
3.1Betamethadol; Betaprodine; Clonitazene; Dextromoramide; Dextrorphan; Diampromide;
3.2Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl
3.3butyrate; Dipipanone; Ethylmethylthiambutene; Etonitazene; Etoxeridine; Furethidine;
3.4Hydroxypethidine; Ketobemidone; Levomoramide; Levophenacylmorphan;
3.5Morpheridine; Noracymethadol; Norlevorphanol; Normethadone; Norpipanone;
3.6Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; Piritramide;
3.7Proheptazine; Properidine; Racemoramide; Trimeperidine.
3.8(2) Any of the following opium derivatives, their salts, isomers and salts of
3.9isomers, unless specifically excepted, whenever the existence of such the salts, isomers
3.10and salts of isomers is possible within the specific chemical designation: Acetorphine;
3.11Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; Codeine methylbromide;
3.12Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Etorphine; Heroin;
3.13Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine methylbromide;
3.14Morphine methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine;
3.15Normorphine; Pholcodine; Thebacon.
3.16(3) Any material, compound, mixture or preparation which contains any quantity of
3.17the following hallucinogenic substances, their salts, isomers (whether optical, positional,
3.18or geometric), and salts of isomers, unless specifically excepted or unless listed in
3.19another schedule, whenever the existence of such the salts, isomers, and salts of isomers
3.20is possible within the specific chemical designation: 3,4-methylenedioxy amphetamine;
3.213,4-methylenedioxymethamphetamine; 4-bromo-2,5-dimethoxyamphetamine;
3.222,5-dimethoxyamphetamine; 4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy
3.23amphetamine; Bufotenine; Diethyltryptamine; Dimethyltryptamine; 3,4,5-trimethoxy
3.24amphetamine; 4-methyl-2, 5-dimethoxyamphetamine; Ibogaine; Lysergic acid
3.25diethylamide; marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl
3.26benzilate; Psilocybin; Psilocyn; Tetrahydrocannabinols; 1-(1-(2-thienyl)
3.27cyclohexyl) piperidine; n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl)
3.28pyrrolidine; 2,5-dimethoxy-4-ethylphenethylamine, also known as 2C-E;
3.292,5-dimethoxy-4-iodophenethylamine, also known as 2C-I.
3.30(4) Peyote, providing the listing of peyote as a controlled substance in Schedule I
3.31does not apply to the nondrug use of peyote in bona fide religious ceremonies of the
3.32American Indian Church, and members of the American Indian Church are exempt
3.33from registration. Any person who manufactures peyote for or distributes peyote to the
3.34American Indian Church, however, is required to obtain federal registration annually and
3.35to comply with all other requirements of law.
4.1(5) Unless specifically excepted or unless listed in another schedule, any material
4.2compound, mixture, or preparation which contains any quantity of the following
4.3substances having a depressant effect on the central nervous system, including its salts,
4.4isomers, and salts of isomers whenever the existence of such the salts, isomers, and salts
4.5of isomers is possible within the specific chemical designation:
4.6Mecloqualone;
4.7Flunitrazepam.
4.8(6) Unless specifically excepted or unless listed in another schedule, any material
4.9compound, mixture, or preparation which contains any quantity of the following
4.10substances having a stimulant effect on the central nervous system, including its salts,
4.11isomers, and salts of isomers whenever the existence of such the salts, isomers, and salts
4.12of isomers is possible within the specific chemical designation:
4.13Cathinone;
4.14Methcathinone; 4-methylmethcathinone (mephedrone);
4.153,4-methylenedioxy-N-methylcathinone (methylone); 4-methoxymethcathinone
4.16(methedrone); 3,4 - methylenedioxypyrovalerone (MDPV).
4.17(7) Unless specifically excepted or unless listed in another schedule, any natural or
4.18synthetic material, compound, mixture, or preparation that contains any quantity of a
4.19substance that is a cannabinoid receptor agonist, including, but not limited to, the following
4.20substances and their analogs, including isomers, whether optical, positional, or geometric;
4.21esters; ethers; salts; and salts of isomers, esters, and ethers, whenever the existence of the
4.22isomers, esters, ethers, or salts is possible within the specific chemical designation:
4.231-pentyl-2-methyl-3-(1-naphthoyl)indole (JWH-007),
4.24(2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone (JWH-015),
4.251-Pentyl-3-(1-naphthoyl)indole (JWH-018), 1-hexyl-3-(naphthalen-1-oyl)indole
4.26(JWH-019), 1-Butyl-3-(1-naphthoyl)indole (JWH-073),
4.274-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-081),
4.284-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone
4.29(JWH-098), (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone
4.30(JWH-200), 7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
4.31(JWH-164), 2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone (JWH-203),
4.324-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-210),
4.332-(2-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone (JWH-250),
4.341-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398), (6aR,10aR)-
4.359-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
4.36tetrahydrobenzo[c]chromen-1-ol (HU-210), (R)-(+)-[2,3-Dihydro-5-methyl-3-
5.1(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone
5.2(WIN-55,212-2), 2-[3-hydroxycyclohexyl]- 5-(2-methyloctan-2-yl)phenol (CP47,497),
5.3dimethylheptylpyran.
5.4(8) A controlled substance analog, to the extent that it is implicitly or explicitly
5.5intended for human consumption.
5.6EFFECTIVE DATE.This section is effective July 1, 2011, and applies to crimes
5.7committed on or after that date.

5.8    Sec. 5. Minnesota Statutes 2010, section 152.02, subdivision 8, is amended to read:
5.9    Subd. 8. Add, delete, or reschedule substances. The state Board of Pharmacy
5.10may, by rule, add substances to or delete or reschedule substances listed in this section.
5.11The state Board of Pharmacy, after consulting with the Advisory Council on Controlled
5.12Substances, shall annually, on or before May 1 of each year, conduct a review of the
5.13placement of controlled substances in the various schedules. The Board of Pharmacy may
5.14not delete or reschedule a drug that is in Schedule I, except as provided in subdivision 12.
5.15In making a determination regarding a substance, the Board of Pharmacy shall
5.16consider the following: The actual or relative potential for abuse, the scientific evidence
5.17of its pharmacological effect, if known, the state of current scientific knowledge
5.18regarding the substance, the history and current pattern of abuse, the scope, duration,
5.19and significance of abuse, the risk to public health, the potential of the substance to
5.20produce psychic or physiological dependence liability, and whether the substance is an
5.21immediate precursor of a substance already controlled under this section. The state Board
5.22of Pharmacy may include any nonnarcotic drug authorized by federal law for medicinal
5.23use in a schedule only if such drug must, under either federal or state law or rule, be
5.24sold only on prescription.

5.25    Sec. 6. Minnesota Statutes 2010, section 152.021, subdivision 2, is amended to read:
5.26    Subd. 2. Possession crimes. (a) A person is guilty of a controlled substance crime
5.27in the first degree if:
5.28(1) the person unlawfully possesses one or more mixtures of a total weight of 25
5.29grams or more containing cocaine, heroin, or methamphetamine;
5.30(2) the person unlawfully possesses one or more mixtures of a total weight of 500
5.31grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
5.32(3) the person unlawfully possesses one or more mixtures of a total weight of
5.33500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
5.34controlled substance is packaged in dosage units, equaling 500 or more dosage units; or
6.1(4) the person unlawfully possesses one or more mixtures of a total weight of 100
6.2kilograms or more containing marijuana or Tetrahydrocannabinols.
6.3(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
6.4not be considered in measuring the weight of a mixture except in cases where the mixture
6.5contains four or more fluid ounces of fluid.
6.6EFFECTIVE DATE.This section is effective the day following final enactment,
6.7and applies to crimes committed on or after that date.

6.8    Sec. 7. Minnesota Statutes 2010, section 152.022, subdivision 2, is amended to read:
6.9    Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime
6.10in the second degree if:
6.11(1) the person unlawfully possesses one or more mixtures of a total weight of six
6.12grams or more containing cocaine, heroin, or methamphetamine;
6.13(2) the person unlawfully possesses one or more mixtures of a total weight of 50
6.14grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
6.15(3) the person unlawfully possesses one or more mixtures of a total weight of
6.1650 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
6.17controlled substance is packaged in dosage units, equaling 100 or more dosage units; or
6.18(4) the person unlawfully possesses one or more mixtures of a total weight of 50
6.19kilograms or more containing marijuana or Tetrahydrocannabinols.
6.20(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
6.21not be considered in measuring the weight of a mixture except in cases where the mixture
6.22contains four or more fluid ounces of fluid.
6.23EFFECTIVE DATE.This section is effective the day following final enactment,
6.24and applies to crimes committed on or after that date.

6.25    Sec. 8. Minnesota Statutes 2010, section 152.023, subdivision 2, is amended to read:
6.26    Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in
6.27the third degree if:
6.28(1) on one or more occasions within a 90-day period the person unlawfully possesses
6.29one or more mixtures of a total weight of three grams or more containing cocaine, heroin,
6.30or methamphetamine;
6.31(2) on one or more occasions within a 90-day period the person unlawfully possesses
6.32one or more mixtures of a total weight of ten grams or more containing a narcotic drug
6.33other than cocaine, heroin, or methamphetamine;
7.1(3) on one or more occasions within a 90-day period the person unlawfully possesses
7.2one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
7.3equals 50 or more dosage units;
7.4(4) on one or more occasions within a 90-day period the person unlawfully
7.5possesses any amount of a schedule I or II narcotic drug or five or more dosage
7.6units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
7.73,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
7.8zone, or a drug treatment facility;
7.9(5) on one or more occasions within a 90-day period the person unlawfully possesses
7.10one or more mixtures of a total weight of ten kilograms or more containing marijuana or
7.11Tetrahydrocannabinols; or
7.12(6) the person unlawfully possesses one or more mixtures containing
7.13methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
7.14or a drug treatment facility.
7.15(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
7.16not be considered in measuring the weight of a mixture except in cases where the mixture
7.17contains four or more fluid ounces of fluid.
7.18EFFECTIVE DATE.This section is effective the day following final enactment,
7.19and applies to crimes committed on or after that date.

7.20    Sec. 9. Minnesota Statutes 2010, section 152.027, is amended by adding a subdivision
7.21to read:
7.22    Subd. 6. Sale or possession of synthetic cannabinoids. (a) As used in this
7.23subdivision, "synthetic cannabinoid" includes any substance included in section 152.02,
7.24subdivision 2, clause (7).
7.25(b) A person who unlawfully sells any amount of a synthetic cannabinoid is guilty
7.26of a gross misdemeanor.
7.27(c) A person who unlawfully possesses any amount of a synthetic cannabinoid is
7.28guilty of a misdemeanor.
7.29(d) Notwithstanding any contrary provision in sections 152.021 to 152.025, this
7.30subdivision describes the exclusive penalties for the sale and possession of synthetic
7.31cannabinoid.
7.32EFFECTIVE DATE.This section is effective July 1, 2011, and applies to crimes
7.33committed on or after that date.

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