HF 57

2nd Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 05/13/2011 01:19pm

1.1A bill for an act

1.2relating to public safety; establishing the crimes of sale or possession of
1.3synthetic cannabinoids; adding synthetic cannabinoids, 2C-E, and 2C-I to the
1.4list of Schedule I controlled substances; adding a definition of "analog" in
1.5the controlled substances law; providing that an analog of a Schedule I or II
1.6controlled substance is considered a Schedule I controlled substance; establishing
1.7use of weight of fluid used in a water pipe when determining weight or amount
1.8of controlled substance; providing criminal penalties;amending Minnesota
1.9Statutes 2010, sections 152.01, subdivisions 9a, 16, by adding a subdivision;
1.10152.02, subdivision 2; 152.021, subdivision 2; 152.022, subdivision 2; 152.023,
1.11subdivision 2; 152.027, by adding a subdivision.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

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

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

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

5.8    Sec. 5. Minnesota Statutes 2010, section 152.021, subdivision 2, is amended to read:
5.9    Subd. 2. Possession crimes. (a) A person is guilty of a controlled substance crime
5.10in the first degree if:
5.11(1) the person unlawfully possesses one or more mixtures of a total weight of 25
5.12grams or more containing cocaine, heroin, or methamphetamine;
5.13(2) the person unlawfully possesses one or more mixtures of a total weight of 500
5.14grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
5.15(3) the person unlawfully possesses one or more mixtures of a total weight of
5.16500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
5.17controlled substance is packaged in dosage units, equaling 500 or more dosage units; or
5.18(4) the person unlawfully possesses one or more mixtures of a total weight of 100
5.19kilograms or more containing marijuana or Tetrahydrocannabinols.
5.20(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
5.21not be considered in measuring the weight of a mixture except in cases where the mixture
5.22contains four or more fluid ounces of fluid.
5.23EFFECTIVE DATE.This section is effective the day following final enactment,
5.24and applies to crimes committed on or after that date.

5.25    Sec. 6. Minnesota Statutes 2010, section 152.022, subdivision 2, is amended to read:
5.26    Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime
5.27in the second degree if:
5.28(1) the person unlawfully possesses one or more mixtures of a total weight of six
5.29grams or more containing cocaine, heroin, or methamphetamine;
5.30(2) the person unlawfully possesses one or more mixtures of a total weight of 50
5.31grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
6.1(3) the person unlawfully possesses one or more mixtures of a total weight of
6.250 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
6.3controlled substance is packaged in dosage units, equaling 100 or more dosage units; or
6.4(4) the person unlawfully possesses one or more mixtures of a total weight of 50
6.5kilograms or more containing marijuana or Tetrahydrocannabinols.
6.6(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
6.7not be considered in measuring the weight of a mixture except in cases where the mixture
6.8contains four or more fluid ounces of fluid.
6.9EFFECTIVE DATE.This section is effective the day following final enactment,
6.10and applies to crimes committed on or after that date.

6.11    Sec. 7. Minnesota Statutes 2010, section 152.023, subdivision 2, is amended to read:
6.12    Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in
6.13the third degree if:
6.14(1) on one or more occasions within a 90-day period the person unlawfully possesses
6.15one or more mixtures of a total weight of three grams or more containing cocaine, heroin,
6.16or methamphetamine;
6.17(2) on one or more occasions within a 90-day period the person unlawfully possesses
6.18one or more mixtures of a total weight of ten grams or more containing a narcotic drug
6.19other than cocaine, heroin, or methamphetamine;
6.20(3) on one or more occasions within a 90-day period the person unlawfully possesses
6.21one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
6.22equals 50 or more dosage units;
6.23(4) on one or more occasions within a 90-day period the person unlawfully
6.24possesses any amount of a schedule I or II narcotic drug or five or more dosage
6.25units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
6.263,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
6.27zone, or a drug treatment facility;
6.28(5) on one or more occasions within a 90-day period the person unlawfully possesses
6.29one or more mixtures of a total weight of ten kilograms or more containing marijuana or
6.30Tetrahydrocannabinols; or
6.31(6) the person unlawfully possesses one or more mixtures containing
6.32methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
6.33or a drug treatment facility.
7.1(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
7.2not be considered in measuring the weight of a mixture except in cases where the mixture
7.3contains four or more fluid ounces of fluid.
7.4EFFECTIVE DATE.This section is effective the day following final enactment,
7.5and applies to crimes committed on or after that date.

7.6    Sec. 8. Minnesota Statutes 2010, section 152.027, is amended by adding a subdivision
7.7to read:
7.8    Subd. 6. Sale or possession of synthetic cannabinoids. (a) As used in this
7.9subdivision, "synthetic cannabinoid" includes any substance included in section 152.02,
7.10subdivision 2, clause (7).
7.11(b) A person who unlawfully sells any amount of a synthetic cannabinoid is guilty
7.12of a gross misdemeanor.
7.13(c) A person who unlawfully possesses any amount of a synthetic cannabinoid is
7.14guilty of a misdemeanor.
7.15(d) Notwithstanding any contrary provision in sections 152.021 to 152.025, this
7.16subdivision describes the exclusive penalties for the sale and possession of synthetic
7.17cannabinoid.
7.18EFFECTIVE DATE.This section is effective July 1, 2011, and applies to crimes
7.19committed on or after that date.