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 any medical 
  1.5             conditions; amending Minnesota Statutes 1994, sections 
  1.6             152.02, subdivisions 2 and 3; and 152.21, subdivision 
  1.7             6; proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 152; repealing Minnesota Statutes 1994, 
  1.9             sections 152.21, subdivisions 1, 2, 3, 4, 5, and 7. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1994, section 152.02, 
  1.12  subdivision 2, is amended to read: 
  1.13     Subd. 2.  The following items are listed in Schedule I: 
  1.14     (1) Any of the following substances, including their 
  1.15  isomers, esters, ethers, salts, and salts of isomers, esters, 
  1.16  and ethers, unless specifically excepted, whenever the existence 
  1.17  of such isomers, esters, ethers and salts is possible within the 
  1.18  specific chemical designation: Acetylmethadol; Allylprodine; 
  1.19  Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; 
  1.20  Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 
  1.21  Clonitazene; Dextromoramide; Dextrorphan; Diampromide; 
  1.22  Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; 
  1.23  Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; 
  1.24  Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; 
  1.25  Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; 
  1.26  Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; 
  1.27  Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; 
  2.1   Piritramide; Proheptazine; Properidine; Racemoramide; 
  2.2   Trimeperidine.  
  2.3      (2) Any of the following opium derivatives, their salts, 
  2.4   isomers and salts of isomers, unless specifically excepted, 
  2.5   whenever the existence of such salts, isomers and salts of 
  2.6   isomers is possible within the specific chemical designation:  
  2.7   Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; 
  2.8   Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; 
  2.9   Desomorphine; Dihydromorphine; Etorphine; Heroin; 
  2.10  Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine 
  2.11  methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; 
  2.12  Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; 
  2.13  Thebacon.  
  2.14     (3) Any material, compound, mixture or preparation which 
  2.15  contains any quantity of the following hallucinogenic 
  2.16  substances, their salts, isomers and salts of isomers, unless 
  2.17  specifically excepted, whenever the existence of such salts, 
  2.18  isomers, and salts of isomers is possible within the specific 
  2.19  chemical designation: 3,4-methylenedioxy amphetamine; 
  2.20  4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine; 
  2.21  4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; 
  2.22  Bufotenine; Diethyltryptamine; Dimethyltryptamine; 
  2.23  3,4,5-trimethoxy amphetamine; 4-methyl-2, 
  2.24  5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; 
  2.25  marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; 
  2.26  N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; 
  2.27  Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; 
  2.28  n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) 
  2.29  pyrrolidine.  
  2.30     (4) Peyote, providing the listing of peyote as a controlled 
  2.31  substance in schedule I does not apply to the nondrug use of 
  2.32  peyote in bona fide religious ceremonies of the American Indian 
  2.33  Church, and members of the American Indian Church are exempt 
  2.34  from registration.  Any person who manufactures peyote for or 
  2.35  distributes peyote to the American Indian Church, however, is 
  2.36  required to obtain federal registration annually and to comply 
  3.1   with all other requirements of law.  
  3.2      (5) Unless specifically excepted or unless listed in 
  3.3   another schedule, any material compound, mixture, or preparation 
  3.4   which contains any quantity of the following substances having a 
  3.5   depressant effect on the central nervous system, including its 
  3.6   salts, isomers, and salts of isomers whenever the existence of 
  3.7   such salts, isomers, and salts of isomers is possible within the 
  3.8   specific chemical designation:  
  3.9      Mecloqualone.  
  3.10     Sec. 2.  Minnesota Statutes 1994, section 152.02, 
  3.11  subdivision 3, is amended to read: 
  3.12     Subd. 3.  The following items are listed in Schedule II:  
  3.13     (1) Unless specifically excepted or unless listed in 
  3.14  another schedule, any of the following substances whether 
  3.15  produced directly or indirectly by extraction from substances of 
  3.16  vegetable origin or independently by means of chemical 
  3.17  synthesis, or by a combination of extraction and chemical 
  3.18  synthesis:  
  3.19     (a) Opium and opiate, and any salt, compound, derivative, 
  3.20  or preparation of opium or opiate, including the following:  raw 
  3.21  opium, opium extracts, opium fluid extracts, powdered opium, 
  3.22  granulated opium, tincture of opium, apomorphine, codeine, 
  3.23  ethylmorphine, hydrocodone, hydromorphone, metopon, morphine, 
  3.24  oxycodone, oxymorphone, thebaine.  
  3.25     (b) Any salt, compound, derivative, or preparation thereof 
  3.26  which is chemically equivalent or identical with any of the 
  3.27  substances referred to in clause (a), except that these 
  3.28  substances shall not include the isoquinoline alkaloids of opium.
  3.29     (c) Opium poppy and poppy straw.  
  3.30     (d) Coca leaves and any salt, compound, derivative, or 
  3.31  preparation of coca leaves, including cocaine and ecgonine, the 
  3.32  salts and isomers of cocaine and ecgonine, and the salts of 
  3.33  their isomers. 
  3.34     (e) Any salt, compound, derivative, or preparation thereof 
  3.35  which is chemically equivalent or identical with any of the 
  3.36  substances referred to in clause (d), except that the substances 
  4.1   shall not include decocainized coca leaves or extraction of coca 
  4.2   leaves, which extractions do not contain cocaine or ecgonine.  
  4.3      (2) Any of the following opiates, including their isomers,
  4.4   esters, ethers, salts, and salts of isomers, esters and ethers, 
  4.5   unless specifically excepted, or unless listed in another 
  4.6   schedule, whenever the existence of such isomers, esters, ethers 
  4.7   and salts is possible within the specific chemical designation:  
  4.8   Alfentanil; Alphaprodine; Anileridine; Bezitramide; 
  4.9   Dihydrocodeine; Dihydromorphinone; Diphenoxylate; Fentanyl; 
  4.10  Isomethadone; Levomethorphan; Levorphanol; Metazocine; 
  4.11  Methadone; Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 
  4.12  4-diphenylbutane; Moramide - Intermediate, 
  4.13  2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid; 
  4.14  Pethidine; Pethidine - Intermediate - A, 
  4.15  4-cyano-1-methyl-4-phenylpiperidine; Pethidine - Intermediate - 
  4.16  B, ethyl-4-phenylpiperidine-4-carboxylate; Pethidine - 
  4.17  Intermediate - C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; 
  4.18  Phenazocine; Piminodine; Racemethorphan; Racemorphan. 
  4.19     (3) Unless specifically excepted or unless listed in 
  4.20  another schedule, any material, compound, mixture, or 
  4.21  preparation which contains any quantity of the following 
  4.22  substances having a stimulant effect on the central nervous 
  4.23  system:  
  4.24     (a) Amphetamine, its salts, optical isomers, and salts of 
  4.25  its optical isomers; 
  4.26     (b) Methamphetamine, its salts, isomers, and salts of its 
  4.27  isomers; 
  4.28     (c) Phenmetrazine and its salts; 
  4.29     (d) Methylphenidate.  
  4.30     (4) Unless specifically excepted or unless listed in 
  4.31  another schedule, any material, compound, mixture, or 
  4.32  preparation which contains any quantity of the following 
  4.33  substances having a depressant effect on the central nervous 
  4.34  system, including its salts, isomers, and salts of isomers 
  4.35  whenever the existence of such salts, isomers, and salts of 
  4.36  isomers is possible within the specific chemical designation:  
  5.1      (a) Methaqualone 
  5.2      (b) Amobarbital 
  5.3      (c) Secobarbital 
  5.4      (d) Pentobarbital 
  5.5      (e) Phencyclidine 
  5.6      (f) Phencyclidine immediate precursors:  
  5.7      (i) 1-phenylcyclohexylamine 
  5.8      (ii) 1-piperidinocyclohexanecarbonitrile. 
  5.9      (5) Marijuana or Tetrahydrocannabinols.  
  5.10     Sec. 3.  [152.0272] [AFFIRMATIVE DEFENSE.] 
  5.11     It is an affirmative defense to a prosecution for unlawful 
  5.12  possession of marijuana or Tetrahydrocannabinols under sections 
  5.13  152.021 to 152.027 if the defendant proves by a preponderance of 
  5.14  the evidence that the defendant had a need to use the marijuana 
  5.15  or Tetrahydrocannabinols for the treatment of a medical 
  5.16  condition and dispensed according to chapter 151.  This 
  5.17  provision is not intended to condone or promote the growing use 
  5.18  or possession of marijuana or Tetrahydrocannabinols for purposes 
  5.19  other than those specified in this section. 
  5.20     Sec. 4.  Minnesota Statutes 1994, section 152.21, 
  5.21  subdivision 6, is amended to read: 
  5.22     Subd. 6.  [EXEMPTION FROM CRIMINAL SANCTIONS PRESCRIPTIONS 
  5.23  FOR TETRAHYDROCANNABINOLS.] For the purposes of this 
  5.24  section, (a) The following are not violations under this chapter:
  5.25     (1) use or possession of THC marijuana or 
  5.26  Tetrahydrocannabinols, or both, by a patient in the research 
  5.27  program to whom it was prescribed by a physician for the 
  5.28  treatment of a medical condition; and 
  5.29     (2) possession, prescribing use of, administering, or 
  5.30  dispensing THC marijuana or Tetrahydrocannabinols, or any 
  5.31  combination of these actions, by the principal investigator or 
  5.32  by any clinical investigator; and 
  5.33     (3) possession or distribution of THC, or both, by a 
  5.34  pharmacy registered to handle schedule I substances which stores 
  5.35  THC on behalf of the principal investigator or a clinical 
  5.36  investigator by a licensed physician or a pharmacist acting to 
  6.1   fill a prescription issued by a licensed physician for the 
  6.2   treatment of a medical condition.  
  6.3      THC (b) Marijuana and Tetrahydrocannabinols obtained and 
  6.4   distributed pursuant to under this section is are not subject to 
  6.5   forfeiture under sections 609.531 to 609.5316.  
  6.6      For the purposes of this section, THC is removed from 
  6.7   schedule I contained in section 152.02, subdivision 2, and 
  6.8   inserted in schedule II contained in section 152.02, subdivision 
  6.9   3.  
  6.10     Sec. 5.  [REPEALER.] 
  6.11     Minnesota Statutes 1994, section 152.21, subdivisions 1, 2, 
  6.12  3, 4, 5, and 7, are repealed. 
  6.13     Sec. 6.  [EFFECTIVE DATE.] 
  6.14     Sections 1 to 5 are effective August 1, 1995, and apply to 
  6.15  acts occurring on or after that date. 
  6.16     Sec. 7.  [SUNSET PROVISION.] 
  6.17     Sections 1 to 5 are repealed effective August 1, 1997.