SF 1791

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; defining and specifying treatment 
  1.3             of controlled substance analogue; prescribing 
  1.4             penalties for unlawful sale and possession of 
  1.5             amphetamine and gamma hydroxybutyric acid; amending 
  1.6             Minnesota Statutes 2000, sections 152.01, by adding a 
  1.7             subdivision; 152.02, subdivisions 2 and 4; 152.021, 
  1.8             subdivisions 1 and 2; 152.022, subdivisions 1 and 2; 
  1.9             152.023, subdivisions 1 and 2; and 152.024, 
  1.10            subdivision 2; proposing coding for new law in 
  1.11            Minnesota Statutes, chapter 152. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2000, section 152.01, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 23.  [CONTROLLED SUBSTANCE ANALOGUE.] (a) Except as 
  1.16  provided in paragraph (b), the term "controlled substance 
  1.17  analogue" means a substance intended for human consumption which:
  1.18     (1) has a chemical structure substantially similar to the 
  1.19  chemical structure of a controlled substance in schedule I, II, 
  1.20  or III; 
  1.21     (2) has a stimulant, depressant, or hallucinogenic effect 
  1.22  on the central nervous system that is substantially similar to 
  1.23  or greater than the stimulant, depressant, or hallucinogenic 
  1.24  effect on the central nervous system of a controlled substance 
  1.25  in schedule I, II, or III; or 
  1.26     (3) a particular person represents or intends to have a 
  1.27  stimulant, depressant, or hallucinogenic effect on the central 
  1.28  nervous system that is substantially similar to or greater than 
  2.1   the stimulant, depressant, or hallucinogenic effect on the 
  2.2   central nervous system of a controlled substance in schedule I 
  2.3   or II.  
  2.4      (b) Controlled substance analogue does not include: 
  2.5      (1) a controlled substance; 
  2.6      (2) any substance for which there is an approved new drug 
  2.7   application; 
  2.8      (3) with respect to a particular person any substance, if 
  2.9   an exemption is in effect for investigational use for that 
  2.10  person, under the federal Food, Drug, and Cosmetic Act, United 
  2.11  States Code, title 21, section 505, to the extent conduct with 
  2.12  respect to the substance is pursuant to the exemption; or 
  2.13     (4) any substance to the extent not intended for human 
  2.14  consumption before such an exemption takes effect with respect 
  2.15  to that substance. 
  2.16     Sec. 2.  [152.011] [TREATMENT OF CONTROLLED SUBSTANCE 
  2.17  ANALOGUES.] 
  2.18     A controlled substance analogue shall be treated, for the 
  2.19  purposes of any state law, as the schedule I, II, or III 
  2.20  controlled substance of which it is an analogue. 
  2.21     Sec. 3.  Minnesota Statutes 2000, section 152.02, 
  2.22  subdivision 2, is amended to read: 
  2.23     Subd. 2.  [SCHEDULE I.] The following items are listed in 
  2.24  Schedule I: 
  2.25     (1) Any of the following substances, including their 
  2.26  isomers, esters, ethers, salts, and salts of isomers, esters, 
  2.27  and ethers, unless specifically excepted, whenever the existence 
  2.28  of such isomers, esters, ethers and salts is possible within the 
  2.29  specific chemical designation:  Acetylmethadol; Allylprodine; 
  2.30  Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; 
  2.31  Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 
  2.32  Clonitazene; Dextromoramide; Dextrorphan; Diampromide; 
  2.33  Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; 
  2.34  Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; 
  2.35  Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; 
  2.36  Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; 
  3.1   Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; 
  3.2   Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; 
  3.3   Piritramide; Proheptazine; Properidine; Racemoramide; 
  3.4   Trimeperidine.  
  3.5      (2) Any of the following opium derivatives, their salts, 
  3.6   isomers and salts of isomers, unless specifically excepted, 
  3.7   whenever the existence of such salts, isomers and salts of 
  3.8   isomers is possible within the specific chemical designation:  
  3.9   Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; 
  3.10  Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; 
  3.11  Desomorphine; Dihydromorphine; Etorphine; Heroin; 
  3.12  Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine 
  3.13  methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; 
  3.14  Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; 
  3.15  Thebacon.  
  3.16     (3) Any material, compound, mixture or preparation which 
  3.17  contains any quantity of the following hallucinogenic 
  3.18  substances, their salts, isomers and salts of isomers, unless 
  3.19  specifically excepted, whenever the existence of such salts, 
  3.20  isomers, and salts of isomers is possible within the specific 
  3.21  chemical designation:  3,4-methylenedioxy amphetamine; 
  3.22  4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine; 
  3.23  4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; 
  3.24  Bufotenine; Diethyltryptamine; Dimethyltryptamine; 
  3.25  3,4,5-trimethoxy amphetamine; 4-methyl-2, 
  3.26  5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; 
  3.27  marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; 
  3.28  N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; 
  3.29  Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; 
  3.30  n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) 
  3.31  pyrrolidine.  
  3.32     (4) Peyote, providing the listing of peyote as a controlled 
  3.33  substance in schedule I does not apply to the nondrug use of 
  3.34  peyote in bona fide religious ceremonies of the American Indian 
  3.35  Church, and members of the American Indian Church are exempt 
  3.36  from registration.  Any person who manufactures peyote for or 
  4.1   distributes peyote to the American Indian Church, however, is 
  4.2   required to obtain federal registration annually and to comply 
  4.3   with all other requirements of law.  
  4.4      (5) Unless specifically excepted or unless listed in 
  4.5   another schedule, any material compound, mixture, or preparation 
  4.6   which contains any quantity of the following substances having a 
  4.7   depressant effect on the central nervous system, including its 
  4.8   salts, isomers, and salts of isomers whenever the existence of 
  4.9   such salts, isomers, and salts of isomers is possible within the 
  4.10  specific chemical designation:  
  4.11     Mecloqualone; 
  4.12     Flunitrazepam. 
  4.13     (6) Unless specifically excepted or unless listed in 
  4.14  another schedule, any material compound, mixture, or preparation 
  4.15  which contains any quantity of the following substances having a 
  4.16  stimulant effect on the central nervous system, including its 
  4.17  salts, isomers, and salts of isomers whenever the existence of 
  4.18  such salts, isomers, and salts of isomers is possible within the 
  4.19  specific chemical designation: 
  4.20  Cathinone; 
  4.21  Methcathinone. 
  4.22     (7) Gamma hydroxybutyric acid, including gamma 
  4.23  hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, 
  4.24  sodium oxybate, and sodium oxybutyrate; and any salt, compound, 
  4.25  derivative, or preparation of gamma hydroxybutyric acid, 
  4.26  including any isomers, esters, ethers, and salts of isomers, 
  4.27  esters, and ethers of gamma hydroxybutyric acid whenever the 
  4.28  existence of such isomers, esters, ethers, and salts is possible 
  4.29  within the specific chemical designation. 
  4.30     Sec. 4.  Minnesota Statutes 2000, section 152.02, 
  4.31  subdivision 4, is amended to read: 
  4.32     Subd. 4.  [SCHEDULE III.] The following items are listed in 
  4.33  Schedule III:  
  4.34     (1) Any material, compound, mixture, or preparation which 
  4.35  contains any quantity of Amphetamine, its salts, optical 
  4.36  isomers, and salts of its optical isomers; Phenmetrazine and its 
  5.1   salts; Methamphetamine, its salts, isomers, and salts of 
  5.2   isomers; Methylphenidate; and which is required by federal law 
  5.3   to be labeled with the symbol prescribed by 21 Code of Federal 
  5.4   Regulations Section 1302.03 and in effect on February 1, 1976 
  5.5   designating that the drug is listed as a Schedule III controlled 
  5.6   substance under federal law.  
  5.7      (2) Any Unless specifically excepted or unless listed in 
  5.8   another schedule, a material, compound, mixture, or preparation 
  5.9   which contains any quantity of the following substances having a 
  5.10  potential for abuse associated with a depressant effect on the 
  5.11  central nervous system:  
  5.12     (a) Any compound, mixture, or preparation containing 
  5.13  amobarbital, secobarbital, pentobarbital or any salt thereof and 
  5.14  one or more other active medicinal ingredients which are not 
  5.15  listed in any schedule.  
  5.16     (b) Any suppository dosage form containing amobarbital, 
  5.17  secobarbital, pentobarbital, or any salt of any of these drugs 
  5.18  and approved by the food and drug administration for marketing 
  5.19  only as a suppository.  
  5.20     (c) Any substance which contains any quantity of a 
  5.21  derivative of barbituric acid, or any salt of a derivative of 
  5.22  barbituric acid, except those substances which are specifically 
  5.23  listed in other schedules:  Chlorhexadol; Glutethimide; Lysergic 
  5.24  acid; Lysergic acid amide; Methyprylon; Sulfondiethylmethane; 
  5.25  Sulfonethylmethane; Sulfonmethane. 
  5.26     (d) Gamma hydroxybutyrate, any salt, compound, derivative, 
  5.27  or preparation of gamma hydroxybutyrate, including any isomers, 
  5.28  esters, and ethers and salts of isomers, esters, and ethers of 
  5.29  gamma hydroxybutyrate whenever the existence of such isomers, 
  5.30  esters, and salts is possible within the specific chemical 
  5.31  designation Any drug product containing gamma hydroxybutyric 
  5.32  acid, including its salts, isomers, and salts of isomers, for 
  5.33  which an application is approved under the federal Food, Drug, 
  5.34  and Cosmetic Act, United States Code, title 21, section 505.  
  5.35     (3) Any material, compound, mixture, or preparation which 
  5.36  contains any quantity of the following substances having a 
  6.1   potential for abuse associated with a stimulant effect on the 
  6.2   central nervous system:  
  6.3      (a) Benzphetamine 
  6.4      (b) Chlorphentermine 
  6.5      (c) Clortermine 
  6.6      (d) Mazindol 
  6.7      (e) Phendimetrazine.  
  6.8      (4) Nalorphine.  
  6.9      (5) Any material, compound, mixture, or preparation 
  6.10  containing limited quantities of any of the following narcotic 
  6.11  drugs, or any salts thereof:  
  6.12     (a) Not more than 1.80 grams of codeine per 100 
  6.13  milliliters or not more than 90 milligrams per dosage unit, with 
  6.14  an equal or greater quantity of an isoquinoline alkaloid of 
  6.15  opium.  
  6.16     (b) Not more than 1.80 grams of codeine per 100 
  6.17  milliliters or not more than 90 milligrams per dosage unit, with 
  6.18  one or more active, nonnarcotic ingredients in recognized 
  6.19  therapeutic amounts.  
  6.20     (c) Not more than 300 milligrams of dihydrocodeinone per 
  6.21  100 milliliters or not more than 15 milligrams per dosage unit, 
  6.22  with a fourfold or greater quantity of an isoquinoline alkaloid 
  6.23  of opium.  
  6.24     (d) Not more than 300 milligrams of dihydrocodeinone per 
  6.25  100 milliliters or not more than 15 milligrams per dosage unit, 
  6.26  with one or more active, nonnarcotic ingredients in recognized 
  6.27  therapeutic amounts. 
  6.28     (e) Not more than 1.80 grams of dihydrocodeine per 100 
  6.29  milliliters or not more than 90 milligrams per dosage unit, with 
  6.30  one or more active, nonnarcotic ingredients in recognized 
  6.31  therapeutic amounts.  
  6.32     (f) Not more than 300 milligrams of ethylmorphine per 100 
  6.33  milliliters or not more than 15 milligrams per dosage unit, with 
  6.34  one or more active, nonnarcotic ingredients in recognized 
  6.35  therapeutic amounts.  
  6.36     (g) Not more than 500 milligrams of opium per 100 
  7.1   milliliters or per 100 grams, or not more than 25 milligrams per 
  7.2   dosage unit, with one or more active, nonnarcotic ingredients in 
  7.3   recognized therapeutic amounts. 
  7.4      (h) Not more than 50 milligrams of morphine per 100 
  7.5   milliliters or per 100 grams with one or more active, 
  7.6   nonnarcotic ingredients in recognized therapeutic amounts. 
  7.7      Sec. 5.  Minnesota Statutes 2000, section 152.021, 
  7.8   subdivision 1, is amended to read: 
  7.9      Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  7.10  controlled substance crime in the first degree if: 
  7.11     (1) on one or more occasions within a 90-day period the 
  7.12  person unlawfully sells one or more mixtures of a total weight 
  7.13  of ten grams or more containing cocaine, heroin, or 
  7.14  methamphetamine, or amphetamine; 
  7.15     (2) on one or more occasions within a 90-day period the 
  7.16  person unlawfully sells one or more mixtures of a total weight 
  7.17  of 50 grams or more containing a narcotic drug other than 
  7.18  cocaine, heroin, or methamphetamine, or amphetamine; 
  7.19     (3) on one or more occasions within a 90-day period the 
  7.20  person unlawfully sells one or more mixtures of a total weight 
  7.21  of 50 grams or more containing amphetamine, phencyclidine, gamma 
  7.22  hydroxybutyric acid, or hallucinogen or, if the controlled 
  7.23  substance is packaged in dosage units, equaling 200 or more 
  7.24  dosage units; or 
  7.25     (4) on one or more occasions within a 90-day period the 
  7.26  person unlawfully sells one or more mixtures of a total weight 
  7.27  of 50 kilograms or more containing marijuana or 
  7.28  Tetrahydrocannabinols, or one or more mixtures of a total weight 
  7.29  of 25 kilograms or more containing marijuana or 
  7.30  Tetrahydrocannabinols in a school zone, a park zone, a public 
  7.31  housing zone, or a drug treatment facility. 
  7.32     Sec. 6.  Minnesota Statutes 2000, section 152.021, 
  7.33  subdivision 2, is amended to read: 
  7.34     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
  7.35  controlled substance crime in the first degree if: 
  7.36     (1) the person unlawfully possesses one or more mixtures of 
  8.1   a total weight of 25 grams or more containing cocaine, heroin, 
  8.2   or methamphetamine, or amphetamine; 
  8.3      (2) the person unlawfully possesses one or more mixtures of 
  8.4   a total weight of 500 grams or more containing a narcotic drug 
  8.5   other than cocaine, heroin, or methamphetamine, or amphetamine; 
  8.6      (3) the person unlawfully possesses one or more mixtures of 
  8.7   a total weight of 500 grams or more containing amphetamine, 
  8.8   phencyclidine, gamma hydroxybutyric acid, or hallucinogen or, if 
  8.9   the controlled substance is packaged in dosage units, equaling 
  8.10  500 or more dosage units; or 
  8.11     (4) the person unlawfully possesses one or more mixtures of 
  8.12  a total weight of 100 kilograms or more containing marijuana or 
  8.13  Tetrahydrocannabinols. 
  8.14     Sec. 7.  Minnesota Statutes 2000, section 152.022, 
  8.15  subdivision 1, is amended to read: 
  8.16     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  8.17  controlled substance crime in the second degree if: 
  8.18     (1) on one or more occasions within a 90-day period the 
  8.19  person unlawfully sells one or more mixtures of a total weight 
  8.20  of three grams or more containing cocaine, heroin, or 
  8.21  methamphetamine, or amphetamine; 
  8.22     (2) on one or more occasions within a 90-day period the 
  8.23  person unlawfully sells one or more mixtures of a total weight 
  8.24  of ten grams or more containing a narcotic drug other than 
  8.25  cocaine, heroin, or methamphetamine, or amphetamine; 
  8.26     (3) on one or more occasions within a 90-day period the 
  8.27  person unlawfully sells one or more mixtures of a total weight 
  8.28  of ten grams or more containing amphetamine, phencyclidine, 
  8.29  gamma hydroxybutyric acid, or hallucinogen or, if the controlled 
  8.30  substance is packaged in dosage units, equaling 50 or more 
  8.31  dosage units; 
  8.32     (4) on one or more occasions within a 90-day period the 
  8.33  person unlawfully sells one or more mixtures of a total weight 
  8.34  of 25 kilograms or more containing marijuana or 
  8.35  Tetrahydrocannabinols; 
  8.36     (5) the person unlawfully sells any amount of a schedule I 
  9.1   or II narcotic drug to a person under the age of 18, or 
  9.2   conspires with or employs a person under the age of 18 to 
  9.3   unlawfully sell the substance; or 
  9.4      (6) the person unlawfully sells any of the following in a 
  9.5   school zone, a park zone, a public housing zone, or a drug 
  9.6   treatment facility: 
  9.7      (i) any amount of a schedule I or II narcotic drug, or 
  9.8   lysergic acid diethylamide (LSD); 
  9.9      (ii) one or more mixtures containing methamphetamine or 
  9.10  amphetamine; or 
  9.11     (iii) one or more mixtures of a total weight of five 
  9.12  kilograms or more containing marijuana or Tetrahydrocannabinols. 
  9.13     Sec. 8.  Minnesota Statutes 2000, section 152.022, 
  9.14  subdivision 2, is amended to read: 
  9.15     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
  9.16  controlled substance crime in the second degree if: 
  9.17     (1) the person unlawfully possesses one or more mixtures of 
  9.18  a total weight of six grams or more containing cocaine, heroin, 
  9.19  or methamphetamine, or amphetamine; 
  9.20     (2) the person unlawfully possesses one or more mixtures of 
  9.21  a total weight of 50 grams or more containing a narcotic drug 
  9.22  other than cocaine, heroin, or methamphetamine, or amphetamine; 
  9.23     (3) the person unlawfully possesses one or more mixtures of 
  9.24  a total weight of 50 grams or more containing amphetamine, 
  9.25  phencyclidine, gamma hydroxybutyric acid, or hallucinogen or, if 
  9.26  the controlled substance is packaged in dosage units, equaling 
  9.27  100 or more dosage units; or 
  9.28     (4) the person unlawfully possesses one or more mixtures of 
  9.29  a total weight of 50 kilograms or more containing marijuana or 
  9.30  Tetrahydrocannabinols. 
  9.31     Sec. 9.  Minnesota Statutes 2000, section 152.023, 
  9.32  subdivision 1, is amended to read: 
  9.33     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  9.34  controlled substance crime in the third degree if:  
  9.35     (1) the person unlawfully sells one or more mixtures 
  9.36  containing a narcotic drug, methamphetamine, or amphetamine; 
 10.1      (2) on one or more occasions within a 90-day period the 
 10.2   person unlawfully sells one or more mixtures containing 
 10.3   phencyclidine, gamma hydroxybutyric acid, or hallucinogen, it is 
 10.4   packaged in dosage units, and equals ten or more dosage units; 
 10.5      (3) the person unlawfully sells one or more mixtures 
 10.6   containing a controlled substance classified in schedule I, II, 
 10.7   or III, except a schedule I or II narcotic drug, to a person 
 10.8   under the age of 18; 
 10.9      (4) the person conspires with or employs a person under the 
 10.10  age of 18 to unlawfully sell one or more mixtures containing a 
 10.11  controlled substance listed in schedule I, II, or III, except a 
 10.12  schedule I or II narcotic drug; or 
 10.13     (5) on one or more occasions within a 90-day period the 
 10.14  person unlawfully sells one or more mixtures of a total weight 
 10.15  of five kilograms or more containing marijuana or 
 10.16  Tetrahydrocannabinols. 
 10.17     Sec. 10.  Minnesota Statutes 2000, section 152.023, 
 10.18  subdivision 2, is amended to read: 
 10.19     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
 10.20  controlled substance crime in the third degree if: 
 10.21     (1) on one or more occasions within a 90-day period the 
 10.22  person unlawfully possesses one or more mixtures of a total 
 10.23  weight of three grams or more containing cocaine, heroin, or 
 10.24  methamphetamine, or amphetamine; 
 10.25     (2) on one or more occasions within a 90-day period the 
 10.26  person unlawfully possesses one or more mixtures of a total 
 10.27  weight of ten grams or more containing a narcotic drug other 
 10.28  than cocaine, heroin, or methamphetamine, or amphetamine; 
 10.29     (3) on one or more occasions within a 90-day period the 
 10.30  person unlawfully possesses one or more mixtures containing a 
 10.31  narcotic drug, it is packaged in dosage units, and equals 50 or 
 10.32  more dosage units; 
 10.33     (4) on one or more occasions within a 90-day period the 
 10.34  person unlawfully possesses any amount of a schedule I or II 
 10.35  narcotic drug or five or more dosage units of lysergic acid 
 10.36  diethylamide (LSD) in a school zone, a park zone, a public 
 11.1   housing zone, or a drug treatment facility; 
 11.2      (5) on one or more occasions within a 90-day period the 
 11.3   person unlawfully possesses one or more mixtures of a total 
 11.4   weight of ten kilograms or more containing marijuana or 
 11.5   Tetrahydrocannabinols; or 
 11.6      (6) the person unlawfully possesses one or more mixtures 
 11.7   containing methamphetamine or amphetamine in a school zone, a 
 11.8   park zone, a public housing zone, or a drug treatment facility. 
 11.9      Sec. 11.  Minnesota Statutes 2000, section 152.024, 
 11.10  subdivision 2, is amended to read: 
 11.11     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
 11.12  controlled substance crime in the fourth degree if:  
 11.13     (1) the person unlawfully possesses one or more mixtures 
 11.14  containing phencyclidine, gamma hydroxybutyric acid, or 
 11.15  hallucinogen, it is packaged in dosage units, and equals ten or 
 11.16  more dosage units; or 
 11.17     (2) the person unlawfully possesses one or more mixtures 
 11.18  containing a controlled substance classified in schedule I, II, 
 11.19  or III, except marijuana or Tetrahydrocannabinols, with the 
 11.20  intent to sell it. 
 11.21     Sec. 12.  [EFFECTIVE DATE.] 
 11.22     Sections 1 to 11 apply to crimes committed on or after 
 11.23  August 1, 2001.