SF 2801

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/04/2022 09:59am

A bill for an act
relating to public safety; providing penalties for the crime of altering controlled
substances with fentanyl; proposing coding for new law in Minnesota Statutes,
chapter 609.

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

Section 1.

new text begin [609.2285] FENTANYL ADULTERATED SUBSTANCES.
new text end

new text begin Subdivision 1. new text end

new text begin Crime. new text end

new text begin (a) A person who knowingly adulterates or alters a controlled
substance or drug with fentanyl or substitutes a controlled substance or drug with fentanyl
is guilty of a felony.
new text end

new text begin (b) A person who knowingly adulterates or alters any package or receptacle containing
any controlled substance by replacing the controlled substance or drug in the package or
receptacle with fentanyl or a controlled substance or drug containing fentanyl or substitutes
any package or receptacle containing any controlled substance or drug with another package
or receptacle containing fentanyl is guilty of a felony.
new text end

new text begin (c) Paragraphs (a) and (b) do not apply to manufacturers, practitioners, pharmacists,
owners of pharmacies, nurses, and other persons when the manufacturer, practitioner,
pharmacist, owner of a pharmacy, nurse, or other person is acting in a professional capacity.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision have
the meanings given them.
new text end

new text begin (b) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
new text end

new text begin (c) "Drug" has the meaning given in section 152.01, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end