1.1 	CONFERENCE COMMITTEE REPORT ON S.F. No. 2578
1.2 	A bill for an act
1.3 	relating to public safety; modifying the schedules of controlled substances; 
1.4 	criminalizing certain acts involving kratom; modifying the DWI law by including 
1.5 	other types of intoxicating substances and striking references to hazardous 
1.6 	substances;amending Minnesota Statutes 2016, sections 97B.065, subdivision 1; 
1.7 	152.02, subdivision 5; 152.027, by adding a subdivision; 169A.03, by adding a 
1.8 	subdivision; 169A.20, subdivisions 1, 1a, 1b, 1c; 169A.45, subdivision 1; 169A.51, 
1.9 	subdivisions 1, 7; 169A.52, subdivision 2; 169A.63, by adding a subdivision; 
1.10 	169A.76; 360.0752, subdivisions 1, 2, 5, 7; 360.0753, subdivision 6; 609.2111; 
1.11 	609.2112, subdivision 1; 609.2113, subdivisions 1, 2, 3; 609.2114, subdivisions 
1.12 	1, 2; 624.7142, subdivision 1; Minnesota Statutes 2017 Supplement, sections 
1.13 	152.02, subdivision 2; 169A.51, subdivision 4; 169A.55, subdivision 2; 171.29, 
1.14 	subdivision 1; 360.0753, subdivisions 2, 3; repealing Minnesota Statutes 2016, 
1.15 	section 169A.03, subdivision 9.
1.16 	May 18, 2018
1.17 	The Honorable Michelle L. Fischbach
1.18 	President of the Senate
1.19 	The Honorable Kurt L. Daudt
1.20 	Speaker of the House of Representatives
1.21 	We, the undersigned conferees for S.F. No. 2578 report that we have agreed upon the 
1.22 	items in dispute and recommend as follows:
1.23 	That the House recede from its amendment and that S.F. No. 2578 be further amended 
1.24 	as follows:
1.25 	Delete everything after the enacting clause and insert:

1.26 	ARTICLE 1
1.27 	CONTROLLED SUBSTANCE-RELATED CHANGES

1.28 	Section 1. Minnesota Statutes 2017 Supplement, section 152.02, subdivision 2, is amended 
1.29 	to read:
1.30 		Subd. 2.Schedule I. (a) Schedule I consists of the substances listed in this subdivision.
2.1 	(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the 
2.2 	following substances, including their analogs, isomers, esters, ethers, salts, and salts of 
2.3 	isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers, 
2.4 	and salts is possible:
2.5 	(1) acetylmethadol;
2.6 	(2) allylprodine;
2.7 	(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl 
2.8 	acetate);
2.9 	(4) alphameprodine;
2.10 	(5) alphamethadol;
2.11 	(6) alpha-methylfentanyl benzethidine;
2.12 	(7) betacetylmethadol;
2.13 	(8) betameprodine;
2.14 	(9) betamethadol;
2.15 	(10) betaprodine;
2.16 	(11) clonitazene;
2.17 	(12) dextromoramide;
2.18 	(13) diampromide;
2.19 	(14) diethyliambutene;
2.20 	(15) difenoxin;
2.21 	(16) dimenoxadol;
2.22 	(17) dimepheptanol;
2.23 	(18) dimethyliambutene;
2.24 	(19) dioxaphetyl butyrate;
2.25 	(20) dipipanone;
2.26 	(21) ethylmethylthiambutene;
2.27 	(22) etonitazene;
2.28 	(23) etoxeridine;
3.1 	(24) furethidine;
3.2 	(25) hydroxypethidine;
3.3 	(26) ketobemidone;
3.4 	(27) levomoramide;
3.5 	(28) levophenacylmorphan;
3.6 	(29) 3-methylfentanyl;
3.7 	(30) acetyl-alpha-methylfentanyl;
3.8 	(31) alpha-methylthiofentanyl;
3.9 	(32) benzylfentanyl beta-hydroxyfentanyl;
3.10 	(33) beta-hydroxy-3-methylfentanyl;
3.11 	(34) 3-methylthiofentanyl;
3.12 	(35) thenylfentanyl;
3.13 	(36) thiofentanyl;
3.14 	(37) para-fluorofentanyl;
3.15 	(38) morpheridine;
3.16 	(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
3.17 	(40) noracymethadol;
3.18 	(41) norlevorphanol;
3.19 	(42) normethadone;
3.20 	(43) norpipanone;
3.21 	(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
3.22 	(45) phenadoxone;
3.23 	(46) phenampromide;
3.24 	(47) phenomorphan;
3.25 	(48) phenoperidine;
3.26 	(49) piritramide;
3.27 	(50) proheptazine;
4.1 	(51) properidine;
4.2 	(52) propiram;
4.3 	(53) racemoramide;
4.4 	(54) tilidine;
4.5 	(55) trimeperidine;
4.6 	(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl);
4.7 	(57) 
4.8 	3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-methylbenzamide(U47700); 
4.9 	and
4.10 	(58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl); 
4.11 	and
4.12 	(59) 4-(4-bromophenyl)-4-dimethylamino-1-phenethylcyclohexanol (bromadol).
4.13 	(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, 
4.14 	and salts of isomers, unless specifically excepted or unless listed in another schedule, 
4.15 	whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
4.16 	(1) acetorphine;
4.17 	(2) acetyldihydrocodeine;
4.18 	(3) benzylmorphine;
4.19 	(4) codeine methylbromide;
4.20 	(5) codeine-n-oxide;
4.21 	(6) cyprenorphine;
4.22 	(7) desomorphine;
4.23 	(8) dihydromorphine;
4.24 	(9) drotebanol;
4.25 	(10) etorphine;
4.26 	(11) heroin;
4.27 	(12) hydromorphinol;
4.28 	(13) methyldesorphine;
5.1 	(14) methyldihydromorphine;
5.2 	(15) morphine methylbromide;
5.3 	(16) morphine methylsulfonate;
5.4 	(17) morphine-n-oxide;
5.5 	(18) myrophine;
5.6 	(19) nicocodeine;
5.7 	(20) nicomorphine;
5.8 	(21) normorphine;
5.9 	(22) pholcodine; and
5.10 	(23) thebacon.
5.11 	(d) Hallucinogens. Any material, compound, mixture or preparation which contains any 
5.12 	quantity of the following substances, their analogs, salts, isomers (whether optical, positional, 
5.13 	or geometric), and salts of isomers, unless specifically excepted or unless listed in another 
5.14 	schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is 
5.15 	possible:
5.16 	(1) methylenedioxy amphetamine;
5.17 	(2) methylenedioxymethamphetamine;
5.18 	(3) methylenedioxy-N-ethylamphetamine (MDEA);
5.19 	(4) n-hydroxy-methylenedioxyamphetamine;
5.20 	(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
5.21 	(6) 2,5-dimethoxyamphetamine (2,5-DMA);
5.22 	(7) 4-methoxyamphetamine;
5.23 	(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
5.24 	(9) alpha-ethyltryptamine;
5.25 	(10) bufotenine;
5.26 	(11) diethyltryptamine;
5.27 	(12) dimethyltryptamine;
5.28 	(13) 3,4,5-trimethoxyamphetamine;
6.1 	(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
6.2 	(15) ibogaine;
6.3 	(16) lysergic acid diethylamide (LSD);
6.4 	(17) mescaline;
6.5 	(18) parahexyl;
6.6 	(19) N-ethyl-3-piperidyl benzilate;
6.7 	(20) N-methyl-3-piperidyl benzilate;
6.8 	(21) psilocybin;
6.9 	(22) psilocyn;
6.10 	(23) tenocyclidine (TPCP or TCP);
6.11 	(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
6.12 	(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
6.13 	(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
6.14 	(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
6.15 	(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
6.16 	(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
6.17 	(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
6.18 	(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
6.19 	(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
6.20 	(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
6.21 	(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
6.22 	(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
6.23 	(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
6.24 	(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
6.25 	(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine 
6.26 	(2-CB-FLY);
6.27 	(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
7.1 	(40) alpha-methyltryptamine (AMT);
7.2 	(41) N,N-diisopropyltryptamine (DiPT);
7.3 	(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
7.4 	(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
7.5 	(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
7.6 	(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
7.7 	(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
7.8 	(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
7.9 	(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
7.10 	(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
7.11 	(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
7.12 	(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
7.13 	(52) 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);
7.14 	(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
7.15 	(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
7.16 	(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
7.17 	(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
7.18 	(57) methoxetamine (MXE);
7.19 	(58) 5-iodo-2-aminoindane (5-IAI);
7.20 	(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
7.21 	(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
7.22 	(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
7.23 	(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);
7.24 	(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
7.25 	(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
7.26 	(65) N,N-Dipropyltryptamine (DPT);
7.27 	(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
8.1 	(67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);
8.2 	(68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);
8.3 	(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);
8.4 	(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine, 
8.5 	ethketamine, NENK);
8.6 	(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA);
8.7 	(72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and
8.8 	(73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine).
8.9 	(e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii 
8.10 	Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, 
8.11 	and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, 
8.12 	its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not 
8.13 	apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian 
8.14 	Church, and members of the American Indian Church are exempt from registration. Any 
8.15 	person who manufactures peyote for or distributes peyote to the American Indian Church, 
8.16 	however, is required to obtain federal registration annually and to comply with all other 
8.17 	requirements of law.
8.18 	(f) Central nervous system depressants. Unless specifically excepted or unless listed in 
8.19 	another schedule, any material compound, mixture, or preparation which contains any 
8.20 	quantity of the following substances, their analogs, salts, isomers, and salts of isomers 
8.21 	whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
8.22 	(1) mecloqualone;
8.23 	(2) methaqualone;
8.24 	(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
8.25 	(4) flunitrazepam; and
8.26 	(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine, 
8.27 	methoxyketamine).
8.28 	(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any 
8.29 	material compound, mixture, or preparation which contains any quantity of the following 
8.30 	substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the 
8.31 	analogs, salts, isomers, and salts of isomers is possible:
9.1 	(1) aminorex;
9.2 	(2) cathinone;
9.3 	(3) fenethylline;
9.4 	(4) methcathinone;
9.5 	(5) methylaminorex;
9.6 	(6) N,N-dimethylamphetamine;
9.7 	(7) N-benzylpiperazine (BZP);
9.8 	(8) methylmethcathinone (mephedrone);
9.9 	(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
9.10 	(10) methoxymethcathinone (methedrone);
9.11 	(11) methylenedioxypyrovalerone (MDPV);
9.12 	(12) 3-fluoro-N-methylcathinone (3-FMC);
9.13 	(13) methylethcathinone (MEC);
9.14 	(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
9.15 	(15) dimethylmethcathinone (DMMC);
9.16 	(16) fluoroamphetamine;
9.17 	(17) fluoromethamphetamine;
9.18 	(18) α-methylaminobutyrophenone (MABP or buphedrone);
9.19 	(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
9.20 	(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
9.21 	(21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or 
9.22 	naphyrone);
9.23 	(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
9.24 	(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);
9.25 	(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
9.26 	(25) 4-methyl-N-ethylcathinone (4-MEC);
9.27 	(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
10.1 	(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
10.2 	(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
10.3 	(29) 4-fluoro-N-methylcathinone (4-FMC);
10.4 	(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
10.5 	(31) alpha-pyrrolidinobutiophenone (α-PBP);
10.6 	(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
10.7 	(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
10.8 	(34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
10.9 	(35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);
10.10 	(36) 4'-chloro-alpha-pyrrolidinopropiophenone (4'-chloro-PPP);
10.11 	(37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB); 
10.12 	and
10.13 	(38) 1-(3-chlorophenyl) piperazine (meta-chlorophenylpiperazine or mCPP); and
10.14 	(38) (39) any other substance, except bupropion or compounds listed under a different 
10.15 	schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the 
10.16 	1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the 
10.17 	compound is further modified in any of the following ways:
10.18 	(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, 
10.19 	haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring 
10.20 	system by one or more other univalent substituents;
10.21 	(ii) by substitution at the 3-position with an acyclic alkyl substituent;
10.22 	(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or 
10.23 	methoxybenzyl groups; or
10.24 	(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
10.25 	(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically 
10.26 	excepted or unless listed in another schedule, any natural or synthetic material, compound, 
10.27 	mixture, or preparation that contains any quantity of the following substances, their analogs, 
10.28 	isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence 
10.29 	of the isomers, esters, ethers, or salts is possible:
10.30 	(1) marijuana;
11.1 	(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic 
11.2 	equivalents of the substances contained in the cannabis plant or in the resinous extractives 
11.3 	of the plant, or synthetic substances with similar chemical structure and pharmacological 
11.4 	activity to those substances contained in the plant or resinous extract, including, but not 
11.5 	limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 
11.6 	cis or trans tetrahydrocannabinol;
11.7 	(3) synthetic cannabinoids, including the following substances:
11.8 	(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole 
11.9 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
11.10 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
11.11 	2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any 
11.12 	extent and whether or not substituted in the naphthyl ring to any extent. Examples of 
11.13 	naphthoylindoles include, but are not limited to:
11.14 	(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
11.15 	(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
11.16 	(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
11.17 	(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
11.18 	(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
11.19 	(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
11.20 	(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
11.21 	(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
11.22 	(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
11.23 	(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
11.24 	(ii) Napthylmethylindoles, which are any compounds containing a 
11.25 	1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the 
11.26 	indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
11.27 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further 
11.28 	substituted in the indole ring to any extent and whether or not substituted in the naphthyl 
11.29 	ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
11.30 	(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
11.31 	(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
12.1 	(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole 
12.2 	structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, 
12.3 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
12.4 	2-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any 
12.5 	extent, whether or not substituted in the naphthyl ring to any extent. Examples of 
12.6 	naphthoylpyrroles include, but are not limited to, 
12.7 	(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
12.8 	(iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene 
12.9 	structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, 
12.10 	cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
12.11 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any 
12.12 	extent, whether or not substituted in the naphthyl ring to any extent. Examples of 
12.13 	naphthylemethylindenes include, but are not limited to, 
12.14 	E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
12.15 	(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole 
12.16 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
12.17 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
12.18 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any 
12.19 	extent, whether or not substituted in the phenyl ring to any extent. Examples of 
12.20 	phenylacetylindoles include, but are not limited to:
12.21 	(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
12.22 	(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
12.23 	(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
12.24 	(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
12.25 	(vi) Cyclohexylphenols, which are compounds containing a 
12.26 	2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic 
12.27 	ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
12.28 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted 
12.29 	in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not 
12.30 	limited to:
12.31 	(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
12.32 	(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 
12.33 	(Cannabicyclohexanol or CP 47,497 C8 homologue);
13.1 	(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] 
13.2 	-phenol (CP 55,940).
13.3 	(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure 
13.4 	with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, 
13.5 	cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
13.6 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any 
13.7 	extent and whether or not substituted in the phenyl ring to any extent. Examples of 
13.8 	benzoylindoles include, but are not limited to:
13.9 	(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
13.10 	(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
13.11 	(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN 
13.12 	48,098 or Pravadoline).
13.13 	(viii) Others specifically named:
13.14 	(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 
13.15 	-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
13.16 	(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 
13.17 	-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
13.18 	(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] 
13.19 	-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
13.20 	(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
13.21 	(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone 
13.22 	(XLR-11);
13.23 	(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide 
13.24 	(AKB-48(APINACA));
13.25 	(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide 
13.26 	(5-Fluoro-AKB-48);
13.27 	(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
13.28 	(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);
13.29 	(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide 
13.30 	(AB-PINACA);
14.1 	(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- 
14.2 	1H-indazole-3-carboxamide (AB-FUBINACA);
14.3 	(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H- 
14.4 	indazole-3-carboxamide(AB-CHMINACA);
14.5 	(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate 
14.6 	(5-fluoro-AMB);
14.7 	(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
14.8 	(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone) 
14.9 	(FUBIMINA);
14.10 	(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo 
14.11 	[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
14.12 	(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl) 
14.13 	-1H-indole-3-carboxamide (5-fluoro-ABICA);
14.14 	(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) 
14.15 	-1H-indole-3-carboxamide;
14.16 	(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) 
14.17 	-1H-indazole-3-carboxamide;
14.18 	(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-dimethylbutanoate;
14.19 	(U) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1 
14.20 	H-indazole-3-carboxamide (MAB-CHMINACA);
14.21 	(V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide 
14.22 	(ADB-PINACA);
14.23 	(W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);
14.24 	(X) 
14.25 	N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-3-carboxamide. 
14.26 	(APP-CHMINACA);
14.27 	(Y) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and
14.28 	(Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA).
14.29 	(i) A controlled substance analog, to the extent that it is implicitly or explicitly intended 
14.30 	for human consumption.

15.1 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
15.2 	committed on or after that date.

15.3 	Sec. 2. Minnesota Statutes 2016, section 152.02, subdivision 5, is amended to read:
15.4 		Subd. 5.Schedule IV. (a) Schedule IV consists of the substances listed in this subdivision.
15.5 	(b) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, 
15.6 	any material, compound, mixture, or preparation containing any of the following narcotic 
15.7 	drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities 
15.8 	as follows:
15.9 	(1) not more than one milligram of difenoxin and not less than 25 micrograms of atropine 
15.10 	sulfate per dosage unit;
15.11 	(2) dextropropoxyphene (Darvon and Darvocet);
15.12 	(3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and 
15.13 	geometric isomers, and salts of these isomers (including tramadol); and
15.14 	(4) eluxadoline.;
15.15 	(5) pentazocine; and
15.16 	(6) butorphanol (including its optical isomers).
15.17 	(c) Depressants. Unless specifically excepted or unless listed in another schedule, any 
15.18 	material, compound, mixture, or preparation containing any quantity of the following 
15.19 	substances, including its salts, isomers, and salts of isomers whenever the existence of the 
15.20 	salts, isomers, and salts of isomers is possible:
15.21 	(1) alfaxalone (5α-pregnan-3α-ol-11,20-dione);
15.22 	(2) alprazolam;
15.23 	(3) barbital;
15.24 	(4) bromazepam;
15.25 	(5) camazepam;
15.26 	(6) carisoprodol;
15.27 	(7) chloral betaine;
15.28 	(8) chloral hydrate;
15.29 	(9) chlordiazepoxide;
16.1 	(10) clobazam;
16.2 	(11) clonazepam;
16.3 	(12) clorazepate;
16.4 	(13) clotiazepam;
16.5 	(14) cloxazolam;
16.6 	(15) delorazepam;
16.7 	(16) diazepam;
16.8 	(17) dichloralphenazone;
16.9 	(18) estazolam;
16.10 	(19) ethchlorvynol;
16.11 	(20) ethinamate;
16.12 	(21) ethyl loflazepate;
16.13 	(22) fludiazepam;
16.14 	(23) flurazepam;
16.15 	(24) fospropofol;
16.16 	(25) halazepam;
16.17 	(26) haloxazolam;
16.18 	(27) ketazolam;
16.19 	(28) loprazolam;
16.20 	(29) lorazepam;
16.21 	(30) lormetazepam mebutamate;
16.22 	(31) medazepam;
16.23 	(32) meprobamate;
16.24 	(33) methohexital;
16.25 	(34) methylphenobarbital;
16.26 	(35) midazolam;
16.27 	(36) nimetazepam;
17.1 	(37) nitrazepam;
17.2 	(38) nordiazepam;
17.3 	(39) oxazepam;
17.4 	(40) oxazolam;
17.5 	(41) paraldehyde;
17.6 	(42) petrichloral;
17.7 	(43) phenobarbital;
17.8 	(44) pinazepam;
17.9 	(45) prazepam;
17.10 	(46) quazepam;
17.11 	(47) suvorexant;
17.12 	(48) temazepam;
17.13 	(49) tetrazepam;
17.14 	(50) triazolam;
17.15 	(51) zaleplon;
17.16 	(52) zolpidem;
17.17 	(53) zopiclone.
17.18 	(d) Any material, compound, mixture, or preparation which contains any quantity of the 
17.19 	following substance including its salts, isomers, and salts of such isomers, whenever the 
17.20 	existence of such salts, isomers, and salts of isomers is possible: fenfluramine.
17.21 	(e) Stimulants. Unless specifically excepted or unless listed in another schedule, any 
17.22 	material, compound, mixture, or preparation which contains any quantity of the following 
17.23 	substances having a stimulant effect on the central nervous system, including its salts, 
17.24 	isomers, and salts of isomers:
17.25 	(1) cathine (norpseudoephedrine);
17.26 	(2) diethylpropion;
17.27 	(3) fencamfamine;
17.28 	(4) fenproporex;
18.1 	(5) mazindol;
18.2 	(6) mefenorex;
18.3 	(7) modafinil;
18.4 	(8) pemoline (including organometallic complexes and chelates thereof);
18.5 	(9) phentermine;
18.6 	(10) pipradol;
18.7 	(11) sibutramine;
18.8 	(12) SPA (1-dimethylamino-1,2-diphenylethane).
18.9 	(f) lorcaserin.

18.10 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
18.11 	committed on or after that date.

18.12 	Sec. 3. Minnesota Statutes 2016, section 152.027, is amended by adding a subdivision to 
18.13 	read:
18.14 		Subd. 7.Sale or possession of kratom. (a) A person who unlawfully sells any amount 
18.15 	of kratom or a substance that contains mitragynine or 7-hydroxymitragynine to a person 
18.16 	under the age of 18 is guilty of a gross misdemeanor.
18.17 	(b) A person under the age of 18 who unlawfully possesses any amount of kratom or a 
18.18 	substance that contains mitragynine or 7-hydroxymitragynine is guilty of a misdemeanor.

18.19 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
18.20 	committed on or after that date.

18.21 	ARTICLE 2
18.22 	SUBSTANTIVE CHANGE TO DWI LAW; INTOXICATING SUBSTANCES

18.23 	Section 1. Minnesota Statutes 2016, section 169A.03, is amended by adding a subdivision 
18.24 	to read:
18.25 		Subd. 11a.Intoxicating substance. "Intoxicating substance" means a drug or chemical, 
18.26 	as those terms are defined in section 151.01, that when introduced into the human body 
18.27 	impairs the central nervous system or impairs the human audio, visual, or mental processes. 
18.28 	The term does not include alcohol or controlled substances.

19.1 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
19.2 	committed on or after that date.

19.3 	Sec. 2. Minnesota Statutes 2016, section 169A.20, subdivision 1, is amended to read:
19.4 		Subdivision 1.Driving while impaired crime; motor vehicle. It is a crime for any 
19.5 	person to drive, operate, or be in physical control of any motor vehicle, as defined in section 
19.6 	169A.03, subdivision 15, except for motorboats in operation and off-road recreational 
19.7 	vehicles, within this state or on any boundary water of this state when:
19.8 	(1) the person is under the influence of alcohol;
19.9 	(2) the person is under the influence of a controlled substance;
19.10 	(3) the person is knowingly under the influence of a hazardousan intoxicating substance 
19.11 	that affects the nervous system, brain, or muscles of the person so as to substantially impair 
19.12 	the person's ability to drive or operate the motor vehicleand the person knows or has reason 
19.13 	to know that the substance has the capacity to cause impairment;
19.14 	(4) the person is under the influence of a combination of any two or more of the elements 
19.15 	named in clauses (1) to (3);
19.16 	(5) the person's alcohol concentration at the time, or as measured within two hours of 
19.17 	the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or 
19.18 	more;
19.19 	(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration at 
19.20 	the time, or as measured within two hours of the time, of driving, operating, or being in 
19.21 	physical control of the commercial motor vehicle is 0.04 or more; or
19.22 	(7) the person's body contains any amount of a controlled substance listed in Schedule 
19.23 	I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

19.24 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
19.25 	committed on or after that date.

19.26 	Sec. 3.  REPEALER.
 19.27 	Minnesota Statutes 2016, section 169A.03, subdivision 9, is repealed.

19.28 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
19.29 	committed on or after that date.

20.1 	ARTICLE 3
20.2 	CONFORMING CHANGES TO DWI-RELATED LAWS

20.3 	Section 1. Minnesota Statutes 2016, section 97B.065, subdivision 1, is amended to read:
20.4 		Subdivision 1.Acts prohibited. (a) A person may not take wild animals with a firearm 
20.5 	or by archery:
20.6 	(1) when the person is under the influence of alcohol;
20.7 	(2) when the person is under the influence of a controlled substance, as defined in section 
20.8 	152.01, subdivision 4;
20.9 	(3) when the person is under the influence of a combination of any two or more of the 
20.10 	elements in clauses (1) and (2);
20.11 	(4) when the person's alcohol concentration is 0.08 or more;
20.12 	(5) when the person's alcohol concentration as measured within two hours of the time 
20.13 	of taking is 0.08 or more; or
20.14 	(6) when the person is knowingly under the influence of any chemical compound or 
20.15 	combination of chemical compounds that is listed as a hazardousan intoxicating substance 
20.16 	in rules adopted under section 182.655 and that affects the nervous system, brain, or muscles 
20.17 	of the person so as to substantially impair the person's ability to operate a firearm or bow 
20.18 	and arrow as defined in section 169A.03, subdivision 11a, and the person knows or has 
20.19 	reason to know that the substance has the capacity to cause impairment.
20.20 	(b) An owner or other person having charge or control of a firearm or bow may not 
20.21 	authorize or permit an individual the person knows or has reason to believe is under the 
20.22 	influence of alcohol or a controlled substance, as provided under paragraph (a), to possess 
20.23 	the firearm or bow in this state or on a boundary water of this state.
20.24 	(c) A person may not possess a loaded or uncased firearm or an uncased bow afield 
20.25 	under any of the conditions in paragraph (a).

20.26 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
20.27 	committed on or after that date.

20.28 	Sec. 2. Minnesota Statutes 2016, section 169A.20, subdivision 1a, is amended to read:
20.29 		Subd. 1a.Driving while impaired crime; motorboat in operation. It is a crime for 
20.30 	any person to operate or be in physical control of a motorboat in operation on any waters 
20.31 	or boundary water of this state when:
21.1 	(1) the person is under the influence of alcohol;
21.2 	(2) the person is under the influence of a controlled substance;
21.3 	(3) the person is knowingly under the influence of a hazardousan intoxicating substance 
21.4 	that affects the nervous system, brain, or muscles of the person so as to substantially impair 
21.5 	the person's ability to drive or operate the motorboatand the person knows or has reason 
21.6 	to know that the substance has the capacity to cause impairment;
21.7 	(4) the person is under the influence of a combination of any two or more of the elements 
21.8 	named in clauses (1) to (3);
21.9 	(5) the person's alcohol concentration at the time, or as measured within two hours of 
21.10 	the time, of driving, operating, or being in physical control of the motorboat is 0.08 or more; 
21.11 	or
21.12 	(6) the person's body contains any amount of a controlled substance listed in Schedule 
21.13 	I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

21.14 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
21.15 	committed on or after that date.

21.16 	Sec. 3. Minnesota Statutes 2016, section 169A.20, subdivision 1b, is amended to read:
21.17 		Subd. 1b.Driving while impaired crime; snowmobile and all-terrain vehicle. It is a 
21.18 	crime for any person to operate or be in physical control of a snowmobile as defined in 
21.19 	section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision 
21.20 	8, anywhere in this state or on the ice of any boundary water of this state when:
21.21 	(1) the person is under the influence of alcohol;
21.22 	(2) the person is under the influence of a controlled substance;
21.23 	(3) the person is knowingly under the influence of a hazardousan intoxicating substance 
21.24 	that affects the nervous system, brain, or muscles of the person so as to substantially impair 
21.25 	the person's ability to drive or operate the snowmobile or all-terrain vehicle and the person 
21.26 	knows or has reason to know that the substance has the capacity to cause impairment;
21.27 	(4) the person is under the influence of a combination of any two or more of the elements 
21.28 	named in clauses (1) to (3);
21.29 	(5) the person's alcohol concentration at the time, or as measured within two hours of 
21.30 	the time, of driving, operating, or being in physical control of the snowmobile or all-terrain 
21.31 	vehicle is 0.08 or more; or
22.1 	(6) the person's body contains any amount of a controlled substance listed in Schedule 
22.2 	I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

22.3 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
22.4 	committed on or after that date.

22.5 	Sec. 4. Minnesota Statutes 2016, section 169A.20, subdivision 1c, is amended to read:
22.6 		Subd. 1c.Driving while impaired crime; off-highway motorcycle and off-road 
22.7 	vehicle. It is a crime for any person to operate or be in physical control of any off-highway 
22.8 	motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined 
22.9 	in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary water 
22.10 	of this state when:
22.11 	(1) the person is under the influence of alcohol;
22.12 	(2) the person is under the influence of a controlled substance;
22.13 	(3) the person is knowingly under the influence of a hazardousan intoxicating substance 
22.14 	that affects the nervous system, brain, or muscles of the person so as to substantially impair 
22.15 	the person's ability to drive or operate the off-highway motorcycle or off-road vehicle and 
22.16 	the person knows or has reason to know that the substance has the capacity to cause 
22.17 	impairment;
22.18 	(4) the person is under the influence of a combination of any two or more of the elements 
22.19 	named in clauses (1) to (3);
22.20 	(5) the person's alcohol concentration at the time, or as measured within two hours of 
22.21 	the time, of driving, operating, or being in physical control of the off-highway motorcycle 
22.22 	or off-road vehicle is 0.08 or more; or
22.23 	(6) the person's body contains any amount of a controlled substance listed in Schedule 
22.24 	I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

22.25 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
22.26 	committed on or after that date.

22.27 	Sec. 5. Minnesota Statutes 2016, section 169A.45, subdivision 1, is amended to read:
22.28 		Subdivision 1.Alcohol concentration evidence. Upon the trial of any prosecution 
22.29 	arising out of acts alleged to have been committed by any person arrested for violating 
22.30 	section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head 
22.31 	Start bus driving), the court may admit evidence of the presence or amount of alcohol in 
23.1 	the person's blood, breath, or urine as shown by an analysis of those items. In addition, in 
23.2 	a prosecution for a violation of section 169A.20, the court may admit evidence of the 
23.3 	presence or amount in the person's blood, breath, or urine, as shown by an analysis of those 
23.4 	items, of:
23.5 	(1) a controlled substance or its metabolite; or
23.6 	(2) a hazardousan intoxicating substance.

23.7 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
23.8 	committed on or after that date.

23.9 	Sec. 6. Minnesota Statutes 2016, section 169A.51, subdivision 1, is amended to read:
23.10 		Subdivision 1.Implied consent; conditions; election of test. (a) Any person who drives, 
23.11 	operates, or is in physical control of a motor vehicle within this state or on any boundary 
23.12 	water of this state consents, subject to the provisions of sections 169A.50 to 169A.53 (implied 
23.13 	consent law), and section 169A.20 (driving while impaired), to a chemical test of that 
23.14 	person's blood, breath, or urine for the purpose of determining the presence of alcohol, a 
23.15 	controlled substance or its metabolite, or a hazardous an intoxicating substance. The test 
23.16 	must be administered at the direction of a peace officer.
23.17 	(b) The test may be required of a person when an officer has probable cause to believe 
23.18 	the person was driving, operating, or in physical control of a motor vehicle in violation of 
23.19 	section 169A.20 (driving while impaired), and one of the following conditions exist:
23.20 	(1) the person has been lawfully placed under arrest for violation of section 169A.20 or 
23.21 	an ordinance in conformity with it;
23.22 	(2) the person has been involved in a motor vehicle accident or collision resulting in 
23.23 	property damage, personal injury, or death;
23.24 	(3) the person has refused to take the screening test provided for by section 169A.41
23.25 	(preliminary screening test); or
23.26 	(4) the screening test was administered and indicated an alcohol concentration of 0.08 
23.27 	or more.
23.28 	(c) The test may also be required of a person when an officer has probable cause to 
23.29 	believe the person was driving, operating, or in physical control of a commercial motor 
23.30 	vehicle with the presence of any alcohol.

23.31 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
23.32 	committed on or after that date.

24.1 	Sec. 7. Minnesota Statutes 2017 Supplement, section 169A.51, subdivision 4, is amended 
24.2 	to read:
24.3 		Subd. 4.Requirement of urine or blood test. A blood or urine test may be required 
24.4 	pursuant to a search warrant under sections 626.04 to 626.18 even after a breath test has 
24.5 	been administered if there is probable cause to believe that:
24.6 	(1) there is impairment by a controlled substance or a hazardousan intoxicating substance 
24.7 	that is not subject to testing by a breath test;
24.8 	(2) a controlled substance listed in Schedule I or II or its metabolite, other than marijuana 
24.9 	or tetrahydrocannabinols, is present in the person's body; or
24.10 	(3) the person is unconscious or incapacitated to the point that the peace officer providing 
24.11 	a breath test advisory, administering a breath test, or serving the search warrant has a 
24.12 	good-faith belief that the person is mentally or physically unable to comprehend the breath 
24.13 	test advisory or otherwise voluntarily submit to chemical tests.
24.14 	Action may be taken against a person who refuses to take a blood test under this 
24.15 	subdivision only if a urine test was offered and action may be taken against a person who 
24.16 	refuses to take a urine test only if a blood test was offered. This limitation does not apply 
24.17 	to an unconscious person under the circumstances described in clause (3).

24.18 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
24.19 	committed on or after that date.

24.20 	Sec. 8. Minnesota Statutes 2016, section 169A.51, subdivision 7, is amended to read:
24.21 		Subd. 7.Requirements for conducting tests; liability. (a) Only a physician, medical 
24.22 	technician, emergency medical technician-paramedic, registered nurse, medical technologist, 
24.23 	medical laboratory technician, phlebotomist, laboratory assistant, or other qualified person 
24.24 	acting at the request of a peace officer may withdraw blood for the purpose of determining 
24.25 	the presence of alcohol, a controlled substance or its metabolite, or a hazardous an 
24.26 	intoxicating substance. This limitation does not apply to the taking of a breath or urine 
24.27 	sample.
24.28 	(b) The person tested has the right to have someone of the person's own choosing 
24.29 	administer a chemical test or tests in addition to any administered at the direction of a peace 
24.30 	officer; provided, that the additional test sample on behalf of the person is obtained at the 
24.31 	place where the person is in custody, after the test administered at the direction of a peace 
24.32 	officer, and at no expense to the state. The failure or inability to obtain an additional test or 
25.1 	tests by a person does not preclude the admission in evidence of the test taken at the direction 
25.2 	of a peace officer unless the additional test was prevented or denied by the peace officer.
25.3 	(c) The physician, medical technician, emergency medical technician-paramedic, medical 
25.4 	technologist, medical laboratory technician, laboratory assistant, phlebotomist, registered 
25.5 	nurse, or other qualified person drawing blood at the request of a peace officer for the 
25.6 	purpose of determining the concentration of alcohol, a controlled substance or its metabolite, 
25.7 	or a hazardousan intoxicating substance is in no manner liable in any civil or criminal action 
25.8 	except for negligence in drawing the blood. The person administering a breath test must be 
25.9 	fully trained in the administration of breath tests pursuant to training given by the 
25.10 	commissioner of public safety.
25.11 	(d) For purposes of this subdivision, "qualified person" means medical personnel trained 
25.12 	in a licensed hospital or educational institution to withdraw blood.

25.13 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
25.14 	committed on or after that date.

25.15 	Sec. 9. Minnesota Statutes 2016, section 169A.52, subdivision 2, is amended to read:
25.16 		Subd. 2.Reporting test failure. (a) If a person submits to a test, the results of that test 
25.17 	must be reported to the commissioner and to the authority having responsibility for 
25.18 	prosecution of impaired driving offenses for the jurisdiction in which the acts occurred, if 
25.19 	the test results indicate:
25.20 	(1) an alcohol concentration of 0.08 or more;
25.21 	(2) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in 
25.22 	physical control of a commercial motor vehicle at the time of the violation; or
25.23 	(3) the presence of a controlled substance listed in Schedule I or II or its metabolite, 
25.24 	other than marijuana or tetrahydrocannabinols.
25.25 	(b) If a person submits to a test and the test results indicate the presence of a hazardous
25.26 	an intoxicating substance, the results of that test must be reported to the authority having 
25.27 	responsibility for prosecution of impaired driving offenses for the jurisdiction in which the 
25.28 	acts occurred.

25.29 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
25.30 	committed on or after that date.

26.1 	Sec. 10. Minnesota Statutes 2016, section 169A.76, is amended to read:
26.2 	169A.76 CIVIL ACTION; PUNITIVE DAMAGES.
26.3 	(a) In a civil action involving a motor vehicle accident, it is sufficient for the trier of fact 
26.4 	to consider an award of punitive damages if there is evidence that the accident was caused 
26.5 	by a driver:
26.6 	(1) with an alcohol concentration of 0.08 or more;
26.7 	(2) who was under the influence of a controlled substance;
26.8 	(3) who was under the influence of alcohol and refused to take a test required under 
26.9 	section 169A.51 (chemical tests for intoxication); or
26.10 	(4) who was knowingly under the influence of a hazardousan intoxicating substance 
26.11 	that substantially affects the person's nervous system, brain, or muscles so as to impair the 
26.12 	person's ability to drive or operate a motor vehicleand the person knows or has reason to 
26.13 	know that the substance has the capacity to cause impairment.
26.14 	(b) A criminal charge or conviction is not a prerequisite to consideration of punitive 
26.15 	damages under this section. At the trial in an action where the trier of fact will consider an 
26.16 	award of punitive damages, evidence that the driver has been convicted of violating section 
26.17 	169A.20 (driving while impaired), 609.2112, 609.2113, or 609.2114 (criminal vehicular 
26.18 	homicide or injury) is admissible into evidence.

26.19 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to acts 
26.20 	committed on or after that date.

26.21 	Sec. 11. Minnesota Statutes 2016, section 360.0752, subdivision 1, is amended to read:
26.22 		Subdivision 1.Definitions. As used in this section and section 360.0753:
26.23 	(1) "operate" includes the acts of all crew members with responsibility to operate the 
26.24 	aircraft;
26.25 	(2) "controlled substance" has the meaning given in section 152.01, subdivision 4; and
26.26 	(3) "hazardous substance" means any chemical or chemical compound that is listed as 
26.27 	a hazardous substance in rules adopted under chapter 182 "intoxicating substance" has the 
26.28 	meaning given in section 169A.03, subdivision 11a.

26.29 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
26.30 	committed on or after that date.

27.1 	Sec. 12. Minnesota Statutes 2016, section 360.0752, subdivision 2, is amended to read:
27.2 		Subd. 2.Crime; acts prohibited. (a) It is a crime for any person to operate or attempt 
27.3 	to operate an aircraft on or over land or water within this state or over any boundary water 
27.4 	of this state under any of the following conditions:
27.5 	(1) when the person is under the influence of alcohol;
27.6 	(2) when the person is under the influence of a controlled substance;
27.7 	(3) when the person is under the influence of a combination of any two or more of the 
27.8 	elements named in clauses (1), (2), and (6);
27.9 	(4) when the person's alcohol concentration is 0.04 or more;
27.10 	(5) when the person's alcohol concentration as measured within two hours of the time 
27.11 	of operation or attempted operation is 0.04 or more;
27.12 	(6) when the person is knowingly under the influence of a hazardousan intoxicating 
27.13 	substance that affects the nervous system, brain, or muscles of the person so as to 
27.14 	substantially impair the person's ability to operate the aircraft and the person knows or has 
27.15 	reason to know that the substance has the capacity to cause impairment;
27.16 	(7) when the person's body contains any amount of a controlled substance listed in 
27.17 	Schedule I or II, other than marijuana or tetrahydrocannabinols; or
27.18 	(8) within eight hours of having consumed any alcoholic beverage or used any controlled 
27.19 	substance.
27.20 	(b) If proven by a preponderance of the evidence, it shall be an affirmative defense to a 
27.21 	violation of paragraph (a), clause (7), that the defendant used the controlled substance 
27.22 	according to the terms of a prescription issued for the defendant in accordance with sections 
27.23 	152.11 and 152.12.

27.24 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
27.25 	committed on or after that date.

27.26 	Sec. 13. Minnesota Statutes 2016, section 360.0752, subdivision 5, is amended to read:
27.27 		Subd. 5.Evidence. Upon the trial of any prosecution arising out of acts alleged to have 
27.28 	been committed by any person arrested for operating or attempting to operate an aircraft in 
27.29 	violation of subdivision 2, the court may admit evidence of the presence or amount of 
27.30 	alcohol, controlled substances, or hazardous intoxicating substances in the person's blood, 
27.31 	breath, or urine as shown by an analysis of those items.
28.1 	Evidence of the refusal to take a test is admissible into evidence in a prosecution under 
28.2 	this section.
28.3 	If proven by a preponderance of the evidence, it shall be an affirmative defense to a 
28.4 	violation of subdivision 2, clause (5), that the defendant consumed a sufficient quantity of 
28.5 	alcohol after the time of the violation and before the administration of the evidentiary test 
28.6 	to cause the defendant's alcohol concentration to exceed 0.04; provided, that this evidence 
28.7 	may not be admitted unless notice is given to the prosecution prior to the omnibus or pretrial 
28.8 	hearing in the matter.
28.9 	The foregoing provisions do not limit the introduction of any other competent evidence 
28.10 	bearing upon the question whether or not the person violated this section, including tests 
28.11 	obtained more than two hours after the alleged violation and results obtained from partial 
28.12 	tests on an infrared breath-testing instrument. A result from a partial test is the measurement 
28.13 	obtained by analyzing one adequate breath sample, as defined in section 360.0753, 
28.14 	subdivision 4, paragraph (b).

28.15 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
28.16 	committed on or after that date.

28.17 	Sec. 14. Minnesota Statutes 2016, section 360.0752, subdivision 7, is amended to read:
28.18 		Subd. 7.Preliminary screening test. When a peace officer has reason to believe that a 
28.19 	person may be violating or has violated subdivision 2, the officer may require the person 
28.20 	to provide a sample of the person's breath for a preliminary screening test using a device 
28.21 	approved by the commissioner of public safety or the commissioner of transportation for 
28.22 	this purpose. The results of this preliminary screening test shall be used for the purpose of 
28.23 	deciding whether to require the tests authorized in section 360.0753, but shall not be used 
28.24 	in any court action except to prove that a test was properly required of a person pursuant to 
28.25 	section 360.0753. Following the screening test, additional tests may be required of the 
28.26 	person pursuant to the provisions of section 360.0753.
28.27 	A person who refuses to furnish a sample of the person's breath is subject to the provisions 
28.28 	of section 360.0753 unless, in compliance with section 360.0753, the person submits to a 
28.29 	blood, breath, or urine test to determine the presence or amount of alcohol, controlled 
28.30 	substances, or hazardous intoxicating substances.

28.31 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
28.32 	committed on or after that date.

29.1 	Sec. 15. Minnesota Statutes 2017 Supplement, section 360.0753, subdivision 2, is amended 
29.2 	to read:
29.3 		Subd. 2.Implied consent; conditions; election of test. (a) Any person who operates 
29.4 	or attempts to operate an aircraft in or over this state or over any boundary water of this 
29.5 	state consents, subject to the provisions of this section and section 360.0752, to a chemical 
29.6 	test of that person's blood, breath, or urine for the purpose of determining the presence or 
29.7 	amount of alcohol, controlled substances, or hazardous intoxicating substances. The test 
29.8 	shall be administered at the direction of a peace officer.
29.9 	(b) A test of the person's breath may be required when an officer has probable cause to 
29.10 	believe the person was operating or attempting to operate an aircraft in violation of section 
29.11 	360.0752 and one of the following conditions exists:
29.12 	(1) the person has been lawfully placed under arrest for violation of section 360.0752;
29.13 	(2) the person has been involved in an aircraft accident or collision resulting in property 
29.14 	damage, personal injury, or death;
29.15 	(3) the person has refused to take the screening test provided for by section 360.0752;
29.16 	(4) the screening test was administered and recorded an alcohol concentration of 0.04 
29.17 	or more or the presence of a controlled substance listed in Schedule I or II other than 
29.18 	marijuana or tetrahydrocannabinols; or
29.19 	(5) the officer had probable cause to believe that the person was operating or attempting 
29.20 	to operate an aircraft with any amount of alcohol present in the person's body.
29.21 	(c) A test of the person's blood or urine may be required by an officer under the conditions 
29.22 	described in paragraph (b) if the officer is acting pursuant to a search warrant under sections 
29.23 	626.04 to 626.18.
29.24 	(d) At the time a test is requested, the person shall be informed:
29.25 	(1) that Minnesota law requires the person to take a test to determine the presence or 
29.26 	amount of alcohol or a controlled substance listed in Schedule I or II other than marijuana 
29.27 	or tetrahydrocannabinols, or to determine if the person is under the influence of alcohol, 
29.28 	controlled substances, or hazardous intoxicating substances;
29.29 	(2) that whether a test is taken or refused, the person may be subject to criminal 
29.30 	prosecution for an alcohol, controlled substance, or hazardous intoxicating substance-related 
29.31 	offense relating to the operation of an aircraft;
30.1 	(3) that if testing is refused, the person may be subject to criminal prosecution because 
30.2 	the person refused testing and the person will be disqualified from operating an aircraft for 
30.3 	a minimum period of one year;
30.4 	(4) if the peace officer has probable cause to believe the person has violated the criminal 
30.5 	vehicular homicide and injury laws, that pursuant to a search warrant a test will be taken 
30.6 	with or without the person's consent; and
30.7 	(5) that, in the case of a breath test, the person has the right to consult with an attorney, 
30.8 	but that this right is limited to the extent that it cannot unreasonably delay administration 
30.9 	of the test.

30.10 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
30.11 	committed on or after that date.

30.12 	Sec. 16. Minnesota Statutes 2017 Supplement, section 360.0753, subdivision 3, is amended 
30.13 	to read:
30.14 		Subd. 3.Type of test. (a) A peace officer who directs a test pursuant to this section may 
30.15 	direct a breath test.
30.16 	(b) A peace officer, acting pursuant to a search warrant, may direct a blood or urine test 
30.17 	as provided in the warrant. If the warrant authorizes either a blood or urine test, the officer 
30.18 	may direct whether the test is of blood or urine. If the person to whom the test is directed 
30.19 	objects to the test, the officer shall offer the person an alternative test of either blood or 
30.20 	urine.
30.21 	(c) A blood or urine test may be required pursuant to a search warrant even after a breath 
30.22 	test has been administered if there is probable cause to believe that: (1) there is impairment 
30.23 	by a controlled substance or hazardous an intoxicating substance that is not subject to testing 
30.24 	by a breath test; or (2) a controlled substance listed in Schedule I or II, other than marijuana 
30.25 	or tetrahydrocannabinols, is present in the person's body.
30.26 	(d) Action under this section may be taken against a person who refuses to take a blood 
30.27 	test only if an alternative test was offered and action may be taken against a person who 
30.28 	refuses to take a urine test only if an alternative test was offered.

30.29 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
30.30 	committed on or after that date.

31.1 	Sec. 17. Minnesota Statutes 2016, section 360.0753, subdivision 6, is amended to read:
31.2 		Subd. 6.Manner of making test; additional test. (a) Only a physician, medical 
31.3 	technician, physician's trained mobile intensive care paramedic, registered nurse, medical 
31.4 	technologist, or laboratory assistant acting at the request of a peace officer may withdraw 
31.5 	blood for the purpose of determining the presence or amount of alcohol, controlled 
31.6 	substances, or hazardous intoxicating substances. This limitation does not apply to the taking 
31.7 	of a breath or urine sample. The person tested has the right to have someone of the person's 
31.8 	own choosing administer a chemical test or tests in addition to any administered at the 
31.9 	direction of a peace officer; provided, that the additional test sample on behalf of the person 
31.10 	is obtained at the place where the person is in custody, after the test administered at the 
31.11 	direction of a peace officer, and at no expense to the state.
31.12 	(b) The failure or inability to obtain an additional test or tests by a person shall not 
31.13 	preclude the admission in evidence of the test taken at the direction of a peace officer unless 
31.14 	the additional test was prevented or denied by the peace officer.
31.15 	(c) The physician, medical technician, physician's trained mobile intensive care 
31.16 	paramedic, medical technologist, laboratory assistant, or registered nurse drawing blood at 
31.17 	the request of a peace officer for the purpose of determining the presence or concentration 
31.18 	of alcohol, controlled substances, or hazardous intoxicating substances shall in no manner 
31.19 	be liable in any civil or criminal action except for negligence in drawing the blood. The 
31.20 	person administering a breath test shall be fully trained in the administration of breath tests 
31.21 	pursuant to training given by the commissioner of public safety or the commissioner of 
31.22 	transportation.

31.23 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to acts 
31.24 	committed on or after that date.

31.25 	Sec. 18. Minnesota Statutes 2016, section 609.2111, is amended to read:
31.26 	609.2111 DEFINITIONS.
31.27 	(a) For purposes of sections 609.2111 to 609.2114, the terms defined in this subdivision 
31.28 	have the meanings given them.
31.29 	(b) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and includes 
31.30 	attached trailers.
31.31 	(c) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
32.1 	(d) "Hazardous substance" means any chemical or chemical compound that is listed as 
32.2 	a hazardous substance in rules adopted under chapter 182 "Intoxicating substance" has the 
32.3 	meaning given in section 169A.03, subdivision 11a.
32.4 	(e) "Qualified prior driving offense" includes a prior conviction:
32.5 	(1) for a violation of section 169A.20 under the circumstances described in section 
32.6 	169A.24 or 169A.25;
32.7 	(2) under section 609.2112, subdivision 1, clauses (2) to (6); 609.2113, subdivision 1, 
32.8 	clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to (6); or 609.2114, subdivision 1, 
32.9 	clauses (2) to (6); or 2, clauses (2) to (6);
32.10 	(3) under Minnesota Statutes 2012, section 609.21, subdivision 1, clauses (2) to (6); or
32.11 	(4) under Minnesota Statutes 2006, section 609.21, subdivision 1, clauses (2) to (6); 2, 
32.12 	clauses (2) to (6); 2a, clauses (2) to (6); 2b, clauses (2) to (6); 3, clauses (2) to (6); or 4, 
32.13 	clauses (2) to (6).

32.14 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
32.15 	committed on or after that date.

32.16 	Sec. 19. Minnesota Statutes 2016, section 609.2112, subdivision 1, is amended to read:
32.17 		Subdivision 1.Criminal vehicular homicide. (a) Except as provided in paragraph (b), 
32.18 	a person is guilty of criminal vehicular homicide and may be sentenced to imprisonment 
32.19 	for not more than ten years or to payment of a fine of not more than $20,000, or both, if the 
32.20 	person causes the death of a human being not constituting murder or manslaughter as a 
32.21 	result of operating a motor vehicle:
32.22 	(1) in a grossly negligent manner;
32.23 	(2) in a negligent manner while under the influence of:
32.24 	(i) alcohol;
32.25 	(ii) a controlled substance; or
32.26 	(iii) any combination of those elements;
32.27 	(3) while having an alcohol concentration of 0.08 or more;
32.28 	(4) while having an alcohol concentration of 0.08 or more, as measured within two hours 
32.29 	of the time of driving;
33.1 	(5) in a negligent manner while knowingly under the influence of a hazardous an 
33.2 	intoxicating substance and the person knows or has reason to know that the substance has 
33.3 	the capacity to cause impairment;
33.4 	(6) in a negligent manner while any amount of a controlled substance listed in Schedule 
33.5 	I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the 
33.6 	person's body;
33.7 	(7) where the driver who causes the collision leaves the scene of the collision in violation 
33.8 	of section 169.09, subdivision 1 or 6; or
33.9 	(8) where the driver had actual knowledge that a peace officer had previously issued a 
33.10 	citation or warning that the motor vehicle was defectively maintained, the driver had actual 
33.11 	knowledge that remedial action was not taken, the driver had reason to know that the defect 
33.12 	created a present danger to others, and the death was caused by the defective maintenance.
33.13 	(b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), 
33.14 	clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory 
33.15 	maximum sentence of imprisonment is 15 years.

33.16 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
33.17 	committed on or after that date.

33.18 	Sec. 20. Minnesota Statutes 2016, section 609.2113, subdivision 1, is amended to read:
33.19 		Subdivision 1.Great bodily harm. A person is guilty of criminal vehicular operation 
33.20 	resulting in great bodily harm and may be sentenced to imprisonment for not more than five 
33.21 	years or to payment of a fine of not more than $10,000, or both, if the person causes great 
33.22 	bodily harm to another not constituting attempted murder or assault as a result of operating 
33.23 	a motor vehicle:
33.24 	(1) in a grossly negligent manner;
33.25 	(2) in a negligent manner while under the influence of:
33.26 	(i) alcohol;
33.27 	(ii) a controlled substance; or
33.28 	(iii) any combination of those elements;
33.29 	(3) while having an alcohol concentration of 0.08 or more;
33.30 	(4) while having an alcohol concentration of 0.08 or more, as measured within two hours 
33.31 	of the time of driving;
34.1 	(5) in a negligent manner while knowingly under the influence of a hazardous an 
34.2 	intoxicating substance and the person knows or has reason to know that the substance has 
34.3 	the capacity to cause impairment;
34.4 	(6) in a negligent manner while any amount of a controlled substance listed in Schedule 
34.5 	I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the 
34.6 	person's body;
34.7 	(7) where the driver who causes the accident leaves the scene of the accident in violation 
34.8 	of section 169.09, subdivision 1 or 6; or
34.9 	(8) where the driver had actual knowledge that a peace officer had previously issued a 
34.10 	citation or warning that the motor vehicle was defectively maintained, the driver had actual 
34.11 	knowledge that remedial action was not taken, the driver had reason to know that the defect 
34.12 	created a present danger to others, and the injury was caused by the defective maintenance.

34.13 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
34.14 	committed on or after that date.

34.15 	Sec. 21. Minnesota Statutes 2016, section 609.2113, subdivision 2, is amended to read:
34.16 		Subd. 2.Substantial bodily harm. A person is guilty of criminal vehicular operation 
34.17 	resulting in substantial bodily harm and may be sentenced to imprisonment for not more 
34.18 	than three years or to payment of a fine of not more than $10,000, or both, if the person 
34.19 	causes substantial bodily harm to another as a result of operating a motor vehicle:
34.20 	(1) in a grossly negligent manner;
34.21 	(2) in a negligent manner while under the influence of:
34.22 	(i) alcohol;
34.23 	(ii) a controlled substance; or
34.24 	(iii) any combination of those elements;
34.25 	(3) while having an alcohol concentration of 0.08 or more;
34.26 	(4) while having an alcohol concentration of 0.08 or more, as measured within two hours 
34.27 	of the time of driving;
34.28 	(5) in a negligent manner while knowingly under the influence of a hazardous an 
34.29 	intoxicating substance and the person knows or has reason to know that the substance has 
34.30 	the capacity to cause impairment;
35.1 	(6) in a negligent manner while any amount of a controlled substance listed in Schedule 
35.2 	I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the 
35.3 	person's body;
35.4 	(7) where the driver who causes the accident leaves the scene of the accident in violation 
35.5 	of section 169.09, subdivision 1 or 6; or
35.6 	(8) where the driver had actual knowledge that a peace officer had previously issued a 
35.7 	citation or warning that the motor vehicle was defectively maintained, the driver had actual 
35.8 	knowledge that remedial action was not taken, the driver had reason to know that the defect 
35.9 	created a present danger to others, and the injury was caused by the defective maintenance.

35.10 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
35.11 	committed on or after that date.

35.12 	Sec. 22. Minnesota Statutes 2016, section 609.2113, subdivision 3, is amended to read:
35.13 		Subd. 3.Bodily harm. A person is guilty of criminal vehicular operation resulting in 
35.14 	bodily harm and may be sentenced to imprisonment for not more than one year or to payment 
35.15 	of a fine of not more than $3,000, or both, if the person causes bodily harm to another as a 
35.16 	result of operating a motor vehicle:
35.17 	(1) in a grossly negligent manner;
35.18 	(2) in a negligent manner while under the influence of:
35.19 	(i) alcohol;
35.20 	(ii) a controlled substance; or
35.21 	(iii) any combination of those elements;
35.22 	(3) while having an alcohol concentration of 0.08 or more;
35.23 	(4) while having an alcohol concentration of 0.08 or more, as measured within two hours 
35.24 	of the time of driving;
35.25 	(5) in a negligent manner while knowingly under the influence of a hazardous an 
35.26 	intoxicating substance and the person knows or has reason to know that the substance has 
35.27 	the capacity to cause impairment;
35.28 	(6) in a negligent manner while any amount of a controlled substance listed in Schedule 
35.29 	I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the 
35.30 	person's body;
36.1 	(7) where the driver who causes the accident leaves the scene of the accident in violation 
36.2 	of section 169.09, subdivision 1 or 6; or
36.3 	(8) where the driver had actual knowledge that a peace officer had previously issued a 
36.4 	citation or warning that the motor vehicle was defectively maintained, the driver had actual 
36.5 	knowledge that remedial action was not taken, the driver had reason to know that the defect 
36.6 	created a present danger to others, and the injury was caused by the defective maintenance.

36.7 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
36.8 	committed on or after that date.

36.9 	Sec. 23. Minnesota Statutes 2016, section 609.2114, subdivision 1, is amended to read:
36.10 		Subdivision 1.Death to an unborn child. (a) Except as provided in paragraph (b), a 
36.11 	person is guilty of criminal vehicular operation resulting in death to an unborn child and 
36.12 	may be sentenced to imprisonment for not more than ten years or to payment of a fine of 
36.13 	not more than $20,000, or both, if the person causes the death of an unborn child as a result 
36.14 	of operating a motor vehicle:
36.15 	(1) in a grossly negligent manner;
36.16 	(2) in a negligent manner while under the influence of:
36.17 	(i) alcohol;
36.18 	(ii) a controlled substance; or
36.19 	(iii) any combination of those elements;
36.20 	(3) while having an alcohol concentration of 0.08 or more;
36.21 	(4) while having an alcohol concentration of 0.08 or more, as measured within two hours 
36.22 	of the time of driving;
36.23 	(5) in a negligent manner while knowingly under the influence of a hazardous an 
36.24 	intoxicating substance and the person knows or has reason to know that the substance has 
36.25 	the capacity to cause impairment;
36.26 	(6) in a negligent manner while any amount of a controlled substance listed in Schedule 
36.27 	I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the 
36.28 	person's body;
36.29 	(7) where the driver who causes the accident leaves the scene of the accident in violation 
36.30 	of section 169.09, subdivision 1 or 6; or
37.1 	(8) where the driver had actual knowledge that a peace officer had previously issued a 
37.2 	citation or warning that the motor vehicle was defectively maintained, the driver had actual 
37.3 	knowledge that remedial action was not taken, the driver had reason to know that the defect 
37.4 	created a present danger to others, and the injury was caused by the defective maintenance.
37.5 	(b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), 
37.6 	clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory 
37.7 	maximum sentence of imprisonment is 15 years.

37.8 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
37.9 	committed on or after that date.

37.10 	Sec. 24. Minnesota Statutes 2016, section 609.2114, subdivision 2, is amended to read:
37.11 		Subd. 2.Injury to an unborn child. A person is guilty of criminal vehicular operation 
37.12 	resulting in injury to an unborn child and may be sentenced to imprisonment for not more 
37.13 	than five years or to payment of a fine of not more than $10,000, or both, if the person 
37.14 	causes the great bodily harm to an unborn child subsequently born alive as a result of 
37.15 	operating a motor vehicle:
37.16 	(1) in a grossly negligent manner;
37.17 	(2) in a negligent manner while under the influence of:
37.18 	(i) alcohol;
37.19 	(ii) a controlled substance; or
37.20 	(iii) any combination of those elements;
37.21 	(3) while having an alcohol concentration of 0.08 or more;
37.22 	(4) while having an alcohol concentration of 0.08 or more, as measured within two hours 
37.23 	of the time of driving;
37.24 	(5) in a negligent manner while knowingly under the influence of a hazardous an 
37.25 	intoxicating substance and the person knows or has reason to know that the substance has 
37.26 	the capacity to cause impairment;
37.27 	(6) in a negligent manner while any amount of a controlled substance listed in Schedule 
37.28 	I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the 
37.29 	person's body;
37.30 	(7) where the driver who causes the accident leaves the scene of the accident in violation 
37.31 	of section 169.09, subdivision 1 or 6; or
38.1 	(8) where the driver had actual knowledge that a peace officer had previously issued a 
38.2 	citation or warning that the motor vehicle was defectively maintained, the driver had actual 
38.3 	knowledge that remedial action was not taken, the driver had reason to know that the defect 
38.4 	created a present danger to others, and the injury was caused by the defective maintenance.

38.5 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
38.6 	committed on or after that date.

38.7 	Sec. 25. Minnesota Statutes 2016, section 624.7142, subdivision 1, is amended to read:
38.8 		Subdivision 1.Acts prohibited. A person may not carry a pistol on or about the person's 
38.9 	clothes or person in a public place:
38.10 	(1) when the person is under the influence of a controlled substance, as defined in section 
38.11 	152.01, subdivision 4;
38.12 	(2) when the person is under the influence of a combination of any two or more of the 
38.13 	elements named in clauses (1) and (4);
38.14 	(3) when the person is knowingly under the influence of any chemical compound or 
38.15 	combination of chemical compounds that is listed as a hazardous substance in rules adopted 
38.16 	under section 182.655 and that affects the nervous system, brain, or muscles of the person 
38.17 	so as to impair the person's clearness of intellect or physical control an intoxicating substance 
38.18 	as defined in section 169A.03, subdivision 11a, and the person knows or has reason to know 
38.19 	that the substance has the capacity to cause impairment;
38.20 	(4) when the person is under the influence of alcohol;
38.21 	(5) when the person's alcohol concentration is 0.10 or more; or
38.22 	(6) when the person's alcohol concentration is less than 0.10, but more than 0.04.

38.23 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
38.24 	committed on or after that date.
38.25 	Delete the title and insert:
38.26 	A bill for an act
38.27 	relating to public safety; modifying the schedules of controlled substances; 
38.28 	providing penalties for sale or possession of kratom; modifying DWI law by 
38.29 	including other types of intoxicating substances and striking references to hazardous 
38.30 	substances;amending Minnesota Statutes 2016, sections 97B.065, subdivision 1; 
38.31 	152.02, subdivision 5; 152.027, by adding a subdivision; 169A.03, by adding a 
38.32 	subdivision; 169A.20, subdivisions 1, 1a, 1b, 1c; 169A.45, subdivision 1; 169A.51, 
38.33 	subdivisions 1, 7; 169A.52, subdivision 2; 169A.76; 360.0752, subdivisions 1, 2, 
38.34 	5, 7; 360.0753, subdivision 6; 609.2111; 609.2112, subdivision 1; 609.2113, 
38.35 	subdivisions 1, 2, 3; 609.2114, subdivisions 1, 2; 624.7142, subdivision 1; 
39.1 	Minnesota Statutes 2017 Supplement, sections 152.02, subdivision 2; 169A.51, 
39.2 	subdivision 4; 360.0753, subdivisions 2, 3; repealing Minnesota Statutes 2016, 
39.3 	section 169A.03, subdivision 9.

40.1	We request the adoption of this report and repassage of the bill.
	
40.2	Senate Conferees:
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40.3	........
		........
	
40.4	Paul Anderson
		Warren Limmer
	
40.5	........
			
40.6	Ron Latz
			
40.7	House Conferees:
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40.8	........
		........
	
40.9	Keith Franke
		Anna Wills
	
40.10	........
			
40.11	Debra Hilstrom