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CHAPTER 240--H.F.No. 2508
An act
relating to public safety; aligning state-controlled substance schedules
with federal controlled substance schedules; modifying the authority of the Board
of Pharmacy to regulate controlled substances; providing for penalties;amending
Minnesota Statutes 2010, sections 152.02, as amended; 152.18, subdivision 1;
Minnesota Statutes 2011 Supplement, section 152.027, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2010, section 152.02, as amended by Laws 2011, chapter
53, sections 4 and 5, is amended to read:
152.02 SCHEDULES OF CONTROLLED SUBSTANCES;
ADMINISTRATION OF CHAPTER.
    Subdivision 1. Five schedules. There are established five schedules of controlled
substances, to be known as Schedules I, II, III, IV, and V. Such The schedules shall
initially consist of the substances listed in this section by whatever official name, common
or usual name, chemical name, or trade name designated.
    Subd. 2. Schedule I. The following items are listed in Schedule I: (a) Schedule I
consists of the substances listed in this subdivision.
(1) (b) Opiates. Unless specifically excepted or unless listed in another schedule,
any of the following substances, including their analogs, isomers, esters, ethers, salts, and
salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence
of the analogs, isomers, esters, ethers and salts is possible within the specific chemical
designation:
(1) acetylmethadol;
(2) allylprodine;
(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as
levomethadyl acetate);
(4) alphameprodine;
(5) alphamethadol;
(6) alpha-methylfentanyl benzethidine;
(7) betacetylmethadol;
(8) betameprodine;
(9) betamethadol;
(10) betaprodine;
(11) clonitazene;
(12) dextromoramide; dextrorphan;
(13) diampromide;
(14) diethyliambutene;
(15) difenoxin;
(16) dimenoxadol;
(17) dimepheptanol;
(18) dimethyliambutene;
(19) dioxaphetyl butyrate;
(20) dipipanone;
(21) ethylmethylthiambutene;
(22) etonitazene;
(23) etoxeridine;
(24) furethidine;
(25) hydroxypethidine;
(26) ketobemidone;
(27) levomoramide;
(28) levophenacylmorphan;
(29) 3-methylfentanyl;
(30) acetyl-alpha-methylfentanyl;
(31) alpha-methylthiofentanyl;
(32) benzylfentanyl beta-hydroxyfentanyl;
(33) beta-hydroxy-3-methylfentanyl;
(34) 3-methylthiofentanyl;
(35) thenylfentanyl;
(36) thiofentanyl;
(37) para-fluorofentanyl;
(38) morpheridine;
(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
(40) noracymethadol;
(41) norlevorphanol;
(42) normethadone;
(43) norpipanone;
(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
(45) phenadoxone;
(46) phenampromide;
(47) phenomorphan;
(48) phenoperidine;
(49) piritramide;
(50) proheptazine;
(51) properidine;
(52) propiram;
(53) racemoramide;
(54) tilidine;
(55) trimeperidine.
(2) (c) Opium derivatives. Any of the following opium derivatives substances,
their analogs, salts, isomers, and salts of isomers, unless specifically excepted or unless
listed in another schedule, whenever the existence of the analogs, salts, isomers and salts
of isomers is possible within the specific chemical designation:
(1) acetorphine;
(2) acetyldihydrocodeine; acetylcodone;
(3) benzylmorphine;
(4) codeine methylbromide;
(5) codeine-n-oxide;
(6) cyprenorphine;
(7) desomorphine;
(8) dihydromorphine;
(9) drotebanol;
(10) etorphine;
(11) heroin;
(12) hydromorphinol;
(13) methyldesorphine; methylhydromorphine
(14) methyldihydromorphine;
(15) morphine methylbromide;
(16) morphine methylsulfonate;
(17) morphine-n-oxide;
(18) myrophine;
(19) nicocodeine;
(20) nicomorphine;
(21) normorphine;
(22) pholcodine;
(23) thebacon.
(3) (d) Hallucinogens. Any material, compound, mixture or preparation which
contains any quantity of the following hallucinogenic substances, their analogs, salts,
isomers (whether optical, positional, or geometric), and salts of isomers, unless specifically
excepted or unless listed in another schedule, whenever the existence of the analogs, salts,
isomers, and salts of isomers is possible:
3,4-methylenedioxy amphetamine (1) methylenedioxy amphetamine;
3,4-methylenedioxymethamphetamine (2) methylenedioxymethamphetamine;
(3) methylenedioxy-N-ethylamphetamine (MDEA);
(4) n-hydroxy-methylenedioxyamphetamine;
(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
(6) 2,5-dimethoxyamphetamine (2,5-DMA);
(7) 4-methoxyamphetamine;
(8) 5-methoxy-3, 4-methylenedioxy amphetamine;
(9) alpha-ethyltryptamine;
(10) bufotenine;
(11) diethyltryptamine;
(12) dimethyltryptamine;
(13) 3,4,5-trimethoxy amphetamine;
(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
(15) ibogaine;
(16) lysergic acid diethylamide (LSD); marijuana;
(17) mescaline;
(18) parahexyl;
(19) N-ethyl-3-piperidyl benzilate;
(20) N-methyl-3-piperidyl benzilate;
(21) psilocybin;
(22) psilocyn;
Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine (23) tenocyclidine
(TPCP or TCP);
(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
(32) 4-methyl-2,5-dimethoxyphenethylamine (2-CD);
2,5-dimethoxy-4-ethylphenethylamine, also known as (33)
4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
2,5-dimethoxy-4-iodophenethylamine, also known as (34)
4-iodo-2,5-dimethoxyphenethylamine (2C-I);
(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
(2-CB-FLY);
(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
(40) alpha-methyltryptamine (AMT);
(41) N,N-diisopropyltryptamine (DiPT);
(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT);
(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
(56) 5-methoxy-N,N-diallytryptamine (5-MeO-DALT);
(57) methoxetamine (MXE);
(58) 5-iodo-2-aminoindane (5-IAI);
(59) 5,6-methylenedioxy-2-aminoindane (MDAI).
(4) (e) Peyote, providing. All parts of the plant presently classified botanically as
Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract
from any part of the plant, and every compound, manufacture, salts, derivative, mixture,
or preparation of the plant, its seeds or extracts. The listing of peyote as a controlled
substance in Schedule I does not apply to the nondrug use of peyote in bona fide religious
ceremonies of the American Indian Church, and members of the American Indian Church
are exempt from registration. Any person who manufactures peyote for or distributes
peyote to the American Indian Church, however, is required to obtain federal registration
annually and to comply with all other requirements of law.
(5) (f) Central nervous system depressants. Unless specifically excepted or unless
listed in another schedule, any material compound, mixture, or preparation which contains
any quantity of the following substances having a depressant effect on the central nervous
system, including its, their analogs, salts, isomers, and salts of isomers whenever the
existence of the analogs, salts, isomers, and salts of isomers is possible within the specific
chemical designation:
(1) mecloqualone;
(2) methaqualone;
(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
(4) flunitrazepam.
(6) (g) Stimulants. Unless specifically excepted or unless listed in another schedule,
any material compound, mixture, or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system, including its,
their analogs, salts, isomers, and salts of isomers whenever the existence of the analogs,
salts, isomers, and salts of isomers is possible within the specific chemical designation:
    (1) aminorex;
(2) cathinone;
(3) fenethylline;
    (4) methcathinone;
(5) methylaminorex;
(6) N,N-dimethylamphetamine;
(7) N-benzylpiperazine (BZP);
4-methylmethcathinone (8) methylmethcathinone (mephedrone);
(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
4-methoxymethcathinone (10) methoxymethcathinone (methedrone);
3,4 - methylenedioxypyrovalerone (11) methylenedioxypyrovalerone (MDPV);
(12) fluoromethcathinone;
(13) methylethcathinone (MEC);
(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
(15) dimethylmethcathinone (DMMC);
(16) fluoroamphetamine;
(17) fluoromethamphetamine;
(18) α-methylaminobutyrophenone (MABP or buphedrone);
(19) β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone);
(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
(21) naphthylpyrovalerone (naphyrone);
(22) and any other substance, except bupropion or compounds listed under a
different schedule, that is structurally derived from 2-aminopropan-1-one by substitution
at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not
the compound is further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an acyclic alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
methoxybenzyl groups; or
(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(7) (h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless
specifically excepted or unless listed in another schedule, any natural or synthetic material,
compound, mixture, or preparation that contains any quantity of a substance that is a
cannabinoid receptor agonist, including, but not limited to, the following substances and,
their analogs, including isomers, whether optical, positional, or geometric; esters;, ethers;,
salts;, and salts of isomers, esters, and ethers, whenever the existence of the isomers,
esters, ethers, or salts is possible within the specific chemical designation:
1-pentyl-2-methyl-3-(1-naphthoyl)indole (JWH-007),
(2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone (JWH-015),
1-Pentyl-3-(1-naphthoyl)indole (JWH-018), 1-hexyl-3-(naphthalen-1-oyl)indole
(JWH-019), 1-Butyl-3-(1-naphthoyl)indole (JWH-073),
4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-081),
4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone
(JWH-098), (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone
(JWH-200), 7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
(JWH-164), 2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone (JWH-203),
4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-210),
2-(2-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone (JWH-250),
1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398), (6aR,10aR)-
9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
tetrahydrobenzo[c]chromen-1-ol (HU-210), (R)-(+)-[2,3-Dihydro-5-methyl-3-
(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone
(WIN-55,212-2), 2-[3-hydroxycyclohexyl]- 5-(2-methyloctan-2-yl)phenol (CP47,497),
dimethylheptylpyran.
(1) marijuana;
(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis,
synthetic equivalents of the substances contained in the cannabis plant or in the
resinous extractives of the plant, or synthetic substances with similar chemical structure
and pharmacological activity to those substances contained in the plant or resinous
extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans
tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
(3) synthetic cannabinoids, including the following substances:
(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
extent and whether or not substituted in the naphthyl ring to any extent. Examples of
naphthoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
(B) 1-Butul-3-(1-naphthoyl)indole (JWH-073);
(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
(ii) Napthylmethylindoles, which are any compounds containing a
1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom
of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
substituted in the indole ring to any extent and whether or not substituted in the naphthyl
ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methan (JWH-184).
(iii) Naphthoylpyrroles, which are any compounds containing a
3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the
pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
further substituted in the pyrrole ring to any extent, whether or not substituted in the
naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to,
(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
(iv) Naphthylmethylindenes, which are any compounds containing a
naphthylideneindene structure with substitution at the 3-position of the indene
ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further
substituted in the indene ring to any extent, whether or not substituted in the naphthyl
ring to any extent. Examples of naphthylemethylindenes include, but are not limited to,
E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
any extent, whether or not substituted in the phenyl ring to any extent. Examples of
phenylacetylindoles include, but are not limited to:
(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(vi) Cyclohexylphenols, which are compounds containing a
2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position
of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include,
but are not limited to:
(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(Cannabicyclohexanol or CP 47,497 C8 homologue);
(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
-phenol (CP 55,940).
(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
any extent and whether or not substituted in the phenyl ring to any extent. Examples of
benzoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone
(WIN 48,098 or Pravadoline).
(viii) Others specifically named:
(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2).
(8) (i) A controlled substance analog, to the extent that it is implicitly or explicitly
intended for human consumption.
    Subd. 3. Schedule II. The following items are listed in (a) Schedule II: consists of
the substances listed in this subdivision.
(1) (b) Unless specifically excepted or unless listed in another schedule, any of
the following substances whether produced directly or indirectly by extraction from
substances of vegetable origin or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis:
(a) (1) Opium and opiate, and any salt, compound, derivative, or preparation
of opium or opiate, including the following: raw opium, opium extracts, opium
fluid extracts, powdered opium, granulated opium, tincture of opium, apomorphine,
codeine, ethylmorphine, hydrocodone, hydromorphone, metopon, morphine, oxycodone,
oxymorphone, thebaine.
(i) Excluding:
(A) apomorphine;
(B) thebaine-derived butorphanol;
(C) dextrophan;
(D) nalbuphine;
(E) nalmefene;
(F) naloxone;
(G) naltrexone;
(H) and their respective salts;
(ii) but including the following:
(A) opium, in all forms and extracts;
(B) codeine;
(C) dihydroetorphine;
(D) ethylmorphine;
(E) etorphine hydrochloride;
(F) hydrocodone;
(G) hydromorphone;
(H) metopon;
(I) morphine;
(J) oxycodone;
(K) oxymorphone;
(L) thebaine;
(M) oripavine;
(b) (2) any salt, compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of the substances referred to in clause (a) (1), except that
these substances shall not include the isoquinoline alkaloids of opium.;
(c) (3) opium poppy and poppy straw.;
(d) (4) coca leaves and any salt, cocaine compound, derivative, or preparation
of coca leaves, including cocaine and ecgonine, the salts and isomers of cocaine and
ecgonine, and the salts of their isomers. (including cocaine and ecgonine and their salts,
isomers, derivatives, and salts of isomers and derivatives), and any salt, compound,
derivative, or preparation thereof which is chemically equivalent or identical with any of
these substances, except that the substances shall not include decocainized coca leaves or
extraction of coca leaves, which extractions do not contain cocaine or ecgonine;
(e) Any salt, compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of the substances referred to in clause (d), except that
the substances shall not include decocainized coca leaves or extraction of coca leaves,
which extractions do not contain cocaine or ecgonine. (5) concentrate of poppy straw (the
crude extract of poppy straw in either liquid, solid, or powder form which contains the
phenanthrene alkaloids of the opium poppy).
(2) (c) Any of the following opiates, including their isomers, esters, ethers, salts, and
salts of isomers, esters and ethers, unless specifically excepted, or unless listed in another
schedule, whenever the existence of such isomers, esters, ethers and salts is possible
within the specific chemical designation:
(1) alfentanil;
(2) alphaprodine;
(3) anileridine;
(4) bezitramide;
(5) bulk dextropropoxyphene (nondosage forms);
(6) carfentanil;
(7) dihydrocodeine;
(8) dihydromorphinone;
(9) diphenoxylate;
(10) fentanyl;
(11) isomethadone;
(12) levo-alpha-acetylmethadol (LAAM) levomethorphan;
(13) levorphanol;
(14) metazocine;
(15) methadone;
(16) methadone - intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
(17) moramide - intermediate, 2-methyl-3-morpholino-1,
1-diphenyl-propane-carboxylic acid;
(18) pethidine;
(19) pethidine - intermediate - a, 4-cyano-1-methyl-4-phenylpiperidine;
(20) pethidine - intermediate - b, ethyl-4-phenylpiperidine-4-carboxylate;
(21) pethidine - intermediate - c, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(22) phenazocine;
(23) piminodine;
(24) racemethorphan;
(25) racemorphan;
(26) remifentanil;
(27) sufentanil;
(28) tapentadol.
(3) (d) Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system:
(a) (1) amphetamine, its salts, optical isomers, and salts of its optical isomers;
(b) (2) methamphetamine, its salts, isomers, and salts of its isomers;
(c) (3) phenmetrazine and its salts;
(d) (4) methylphenidate;
(5) lisdexamfetamine.
(4) (e) Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous system, including its salts,
isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(a) methaqualone
(b) (1) amobarbital;
(2) glutethimide;
(c) (3) secobarbital;
(d) (4) pentobarbital;
(e) (5) phencyclidine;
(f) (6) phencyclidine immediate precursors:
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile;
(7) phenylacetone.
(f) Hallucinogenic substances: nabilone.
    Subd. 4. Schedule III. The following items are listed in (a) Schedule III: consists of
the substances listed in this subdivision.
(1) Any material, compound, mixture, or preparation which contains any quantity of
Amphetamine, its salts, optical isomers, and salts of its optical isomers; Phenmetrazine
and its salts; Methamphetamine, its salts, isomers, and salts of isomers; Methylphenidate;
and which is required by federal law to be labeled with the symbol prescribed by 21 Code
of Federal Regulations Section 1302.03 and in effect on February 1, 1976 designating that
the drug is listed as a Schedule III controlled substance under federal law. (b) Stimulants.
Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the following substances having
a potential for abuse associated with a stimulant effect on the central nervous system,
including its salts, isomers, and salts of such isomers whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific chemical designation:
(1) benzphetamine;
(2) chlorphentermine;
(3) clortermine;
(4) phendimetrazine.
(2) (c) Depressants. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity of the
following substances having a potential for abuse associated with a depressant effect on
the central nervous system:
(a) (1) any compound, mixture, or preparation containing amobarbital, secobarbital,
pentobarbital or any salt thereof and one or more other active medicinal ingredients which
are not listed in any schedule.;
(b) (2) any suppository dosage form containing amobarbital, secobarbital,
pentobarbital, or any salt of any of these drugs and approved by the food and drug
administration for marketing only as a suppository.;
(c) (3) any substance which contains any quantity of a derivative of barbituric acid,
or any salt of a derivative of barbituric acid, except those substances which are specifically
listed in other schedules: Chlorhexadol; Glutethimide; Lysergic acid; Lysergic acid amide;
Methyprylon; Sulfondiethylmethane; Sulfonethylmethane; Sulfonmethane.;
(d) Gamma hydroxybutyrate, any salt, compound, derivative, or preparation of
gamma hydroxybutyrate, including any isomers, esters, and ethers and salts of isomers,
esters, and ethers of gamma hydroxybutyrate whenever the existence of such isomers,
esters, and salts is possible within the specific chemical designation. (4) any drug product
containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers,
for which an application is approved under section 505 of the federal Food, Drug, and
Cosmetic Act;
(5) any of the following substances:
(i) chlorhexadol;
(ii) ketamine, its salts, isomers and salts of isomers;
(iii) lysergic acid;
(iv) lysergic acid amide;
(v) methyprylon;
(vi) sulfondiethylmethane;
(vii) sulfonenthylmethane;
(viii) sulfonmethane;
(ix) tiletamine and zolazepam and any salt thereof;
(x) embutramide.
(3) Any material, compound, mixture, or preparation which contains any quantity of
the following substances having a potential for abuse associated with a stimulant effect on
the central nervous system:
(a) Benzphetamine
(b) Chlorphentermine
(c) Clortermine
(d) Mazindol
(e) Phendimetrazine.
(4) (d) Nalorphine.
(5) Any material, compound, mixture, or preparation containing limited quantities
of any of the following narcotic drugs, or any salts thereof (e) Narcotic drugs. Unless
specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation containing any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, in limited quantities as follows:
(a) (1) not more than 1.80 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid
of opium.;
(b) (2) not more than 1.80 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.;
(c) (3) not more than 300 milligrams of dihydrocodeinone per 100 milliliters or
not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an
isoquinoline alkaloid of opium.;
(d) (4) not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts.;
(e) (5) not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more
than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.;
(f) (6) not more than 300 milligrams of ethylmorphine per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.;
(g) (7) not more than 500 milligrams of opium per 100 milliliters or per 100 grams,
or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.;
(h) (8) not more than 50 milligrams of morphine per 100 milliliters or per 100 grams
with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.;
(6) (f) Anabolic steroids, which and human growth hormone.
(1) Anabolic steroids, for purposes of this subdivision, means any drug or
hormonal substance, chemically and pharmacologically related to testosterone, other
than estrogens, progestins, corticosteroids, and dehydroepiandrosterone, and includes:
androstanediol; androstanedione; androstenediol; androstenedione; bolasterone;
boldenone; calusterone; chlorotestosterone; chorionic gonadotropin; clostebol;
dehydrochloromethyltestosterone; (triangle)1-dihydrotestosterone; 4-dihydrotestosterone;
drostanolone; ethylestrenol; fluoxymesterone; formebolone; furazabol; human
growth hormones; 13b-ethyl-17a-hydroxygon-4-en-3-one; 4-hydroxytestosterone;
4-hydroxy-19-nortestosterone; mestanolone; mesterolone; methandienone;
methandranone; methandriol; methandrostenolone; methenolone; 17a-methyl-3b,
17b-dihydroxy-5a-androstane; 17a-methyl-3a, 17b-dihydroxy-5a-androstane;
17a-methyl-3b, 17b-dihydroxyandrost-4-ene; 17a-methyl-4-hydroxynandrolone;
methyldienolone; methyltrienolone; methyltestosterone; mibolerone;
17a-methyl-(triangle)1-dihydrotestosterone; nandrolone; nandrolone phenpropionate;
norandrostenediol; norandrostenedione; norbolethone; norclostebol; norethandrolone;
normethandrolone; oxandrolone; oxymesterone; oxymetholone; stanolone; stanozolol;
stenbolone; testolactone; testosterone; testosterone propionate; tetrahydrogestrinone;
trenbolone; and any salt, ester, or ether of a drug or substance described in this paragraph.
(i) 3[beta],17[beta]-dihydroxy-5[alpha]-androstane;
(ii) 3[alpha],17[beta]-dihydroxy-5[alpha]-androstane;
(iii) androstanedione (5[alpha]-androstan-3,17-dione);
(iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-l-ene;
(v) 3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
(vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);
(vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);
(viii) 1-androstenedione (5[alpha]-androst-1-en-3,17-dione);
(ix) 4-androstenedione (androst-4-en-3,17-dione);
(x) 5-androstenedione (androst-5-en-3,17-dione);
(xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
(xii) boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one);
(xiii) boldione (androsta-1,4-diene-3,17-dione);
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
(xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one);
(xvi) dehydrochloromethyltestosterone
(4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one);
(xvii) desoxymethyltestosterone
(17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol);
(xviii) [delta]1-dihydrotestosterone-
(17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one);
(xx) drostanolone (17[beta]hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one);
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);
(xxii) fluoxymesterone
(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one);
(xxiii) formebolone
(2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);
(xxiv) furazabol
(17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan)13[beta]-ethyl-17[beta]
-hydroxygon-4-en-3-one;
(xxv) 4-hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one);
(xxvi) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one);
(xxvii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one);
(xxviii) mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one);
(xxix) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one);
(xxx) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene);
(xxxi) methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
(xxxii) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5[alpha]-androstane;
(xxxiii) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5[alpha]-androstane;
(xxxiv) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene;
(xxxv) 17[alpha]-methyl-4-hydroxynandrolone
(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);
(xxxvi) methyldienolone
(17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one);
(xxxvii) methyltrienolone
(17[alpha]-methyl-17[beta]-hydroxyestra-4,9-11-trien-3-one);
(xxxviii) methyltestosterone
(17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one);
(xxxix) mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one);
(xl) 17[alpha]-methyl-[delta]1-dihydrotestosterone
(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one);
(xli) nandrolone (17[beta]-hydroxyestr-4-en-3-one);
(xlii) 19-nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene;
(xliii) 3[alpha],17[beta]-dihydroxyestr-4-ene); 19-nor-5-androstenediol
(3[beta],17[beta]-dihydroxyestr-5-ene;
(xliv) 3[alpha],17[beta]-dihydroxyestr-5-ene);
(xlv) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
(xlvi) 19-nor-5-androstenedione (estr-5-en-3,17-dione);
(xlvii) norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);
(xlviii) norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one);
(xlix) norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one);
(l) normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one);
(li) oxandrolone
(17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one);
(lii) oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one);
(liii) oxymetholone
(17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-5[alpha]-androstan-3-one);
(liv) stanozolol
(17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androst-2-eno[3,2-c]-pyrazole);
(lv) stenbolone (17[beta]-hydroxy-2-methyl-5[alpha]-androst-1-en-3-one);
(lvi) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid
lactone);
(lvii) testosterone (17[beta]-hydroxyandrost-4-en-3-one);
(lviii) tetrahydrogestrinone
(13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one);
(lix) trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one);
(lx) any salt, ester, or ether of a drug or substance described in this paragraph.
Anabolic steroids are not included if they are: (i) (A) expressly intended for administration
through implants to cattle or other nonhuman species; and (ii) (B) approved by the United
States Food and Drug Administration for that use.;
(2) Human growth hormones.
(g) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and
encapsulated in a soft gelatin capsule in a United States Food and Drug Administration
approved product.
(h) Any material, compound, mixture, or preparation containing the following
narcotic drug or its salt: buprenorphine.
    Subd. 5. Schedule IV. The following items are listed in Schedule IV: Barbital;
Butorphanol; Chloral betaine; Chloral hydrate; Chlordiazepoxide; Clonazepam;
Clorazepate; Diazepam; Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine;
Flurazepam; Mebutamate; Methohexital; Meprobamate except when in combination with
the following drugs in the following or lower concentrations: conjugated estrogens, 0.4
mg; tridihexethyl chloride, 25mg; pentaerythritol tetranitrate, 20 mg; Methylphenobarbital;
Oxazepam; Paraldehyde; Pemoline; Petrichloral; Phenobarbital; and Phentermine (a)
Schedule IV consists of the substances listed in this subdivision.
(b) Narcotic drugs. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation containing any of the following narcotic
drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities
as follows:
(1) not more than one milligram of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit;
(2) dextropropoxyphene (Darvon and Darvocet).
(c) Depressants. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation containing any quantity of the following
substances, including its salts, isomers, and salts of isomers whenever the existence of the
salts, isomers, and salts of isomers is possible:
(1) alprazolam;
(2) barbital;
(3) bromazepam;
(4) camazepam;
(5) carisoprodol;
(6) chloral betaine;
(7) chloral hydrate;
(8) chlordiazepoxide;
(9) clobazam;
(10) clonazepam;
(11) clorazepate;
(12) clotiazepam;
(13) cloxazolam;
(14) delorazepam;
(15) diazepam;
(16) dichloralphenazone;
(17) estazolam;
(18) ethchlorvynol;
(19) ethinamate;
(20) ethyl loflazepate;
(21) fludiazepam;
(22) flurazepam;
(23) halazepam;
(24) haloxazolam;
(25) ketazolam;
(26) loprazolam;
(27) lorazepam;
(28) lormetazepam mebutamate;
(29) medazepam;
(30) meprobamate;
(31) methohexital;
(32) methylphenobarbital;
(33) midazolam;
(34) nimetazepam;
(35) nitrazepamnordiazepam;
(36) oxazepam;
(37) oxazolam;
(38) paraldehydepetrichloral;
(39) phenobarbital;
(40) pinazepam;
(41) prazepam;
(42) quazepam;
(43) temazepam;
(44) tetrazepam;
(45) triazolam;
(46) zaleplon;
(47) zolpidem;
(48) zopiclone.
(d) Any material, compound, mixture, or preparation which contains any quantity of
the following substance including its salts, isomers, and salts of such isomers, whenever
the existence of such salts, isomers, and salts of isomers is possible: fenfluramine.
(e) Stimulants. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system, including its
salts, isomers, and salts of isomers:
(1) cathine (norpseudoephedrine);
(2) diethylpropion;
(3) fencamfamine;
(4) fenproporex;
(5) mazindol;
(6) mefenorex;
(7) modafinil;
(8) pemoline (including organometallic complexes and chelates thereof);
(9) phentermine;
(10) pipradol;
(11) sibutramine;
(12) SPA (1-dimethylamino-1,2-diphenylethane).
    Subd. 6. Schedule V; restrictions on methamphetamine precursor drugs. (a) As
used in this subdivision, the following terms have the meanings given:
(1) "methamphetamine precursor drug" means any compound, mixture, or
preparation intended for human consumption containing ephedrine or pseudoephedrine as
its sole active ingredient or as one of its active ingredients; and
(2) "over-the-counter sale" means a retail sale of a drug or product but does not
include the sale of a drug or product pursuant to the terms of a valid prescription.
(b) The following items are listed in Schedule V:
(1) any compound, mixture, or preparation containing any of the following limited
quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the compound, mixture or preparation
valuable medicinal qualities other than those possessed by the narcotic drug alone:
(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
grams;
(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
grams;
(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
of atropine sulfate per dosage unit; or
(iv) not more than 15 milligrams of anhydrous morphine per 100 milliliters or per
100 grams; and 100 milligrams of opium per 100 milliliters or per 100 grams; or
(v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit.
(2) Stimulants. Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation that contains any quantity of
the following substance having a stimulant effect on the central nervous system, including
its salts, isomers, and salts of isomers: pyrovalerone.
(3) Depressants. Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation that contains any quantity
of the following substance having a depressant effect on the central nervous system,
including its salts, isomers, and salts of isomers:
(i) pregabalin;
(ii) lacosamide.
(2) (4) Any compound, mixture, or preparation containing ephedrine or
pseudoephedrine as its sole active ingredient or as one of its active ingredients.
(c) No person may sell in a single over-the-counter sale more than two packages
of a methamphetamine precursor drug or a combination of methamphetamine precursor
drugs or any combination of packages exceeding a total weight of six grams, calculated as
the base.
(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
(1) packages containing not more than a total of three grams of one or
more methamphetamine precursor drugs, calculated in terms of ephedrine base or
pseudoephedrine base; or
(2) for nonliquid products, sales in blister packs, where each blister contains not
more than two dosage units, or, if the use of blister packs is not technically feasible, sales
in unit dose packets or pouches.
(e) A business establishment that offers for sale methamphetamine precursor drugs
in an over-the-counter sale shall ensure that all packages of the drugs are displayed
behind a checkout counter where the public is not permitted and are offered for sale only
by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The
establishment shall ensure that the person making the sale requires the buyer:
(1) to provide photographic identification showing the buyer's date of birth; and
(2) to sign a written or electronic document detailing the date of the sale, the name
of the buyer, and the amount of the drug sold.
A document described under clause (2) must be retained by the establishment for
at least three years and must at all reasonable times be open to the inspection of any
law enforcement agency.
Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
purchase.
(f) No person may acquire through over-the-counter sales more than six grams of
methamphetamine precursor drugs, calculated as the base, within a 30-day period.
(g) No person may sell in an over-the-counter sale a methamphetamine precursor
drug to a person under the age of 18 years. It is an affirmative defense to a charge under
this paragraph if the defendant proves by a preponderance of the evidence that the
defendant reasonably and in good faith relied on proof of age as described in section
340A.503, subdivision 6.
(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of
a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
payment of a fine of not more than $1,000, or both.
(i) An owner, operator, supervisor, or manager of a business establishment that
offers for sale methamphetamine precursor drugs whose employee or agent is convicted of
or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal
penalties for violating any of those paragraphs if the person:
(1) did not have prior knowledge of, participate in, or direct the employee or agent to
commit the violation; and
(2) documents that an employee training program was in place to provide the
employee or agent with information on the state and federal laws and regulations regarding
methamphetamine precursor drugs.
(j) Any person employed by a business establishment that offers for sale
methamphetamine precursor drugs who sells such a drug to any person in a suspicious
transaction shall report the transaction to the owner, supervisor, or manager of the
establishment. The owner, supervisor, or manager may report the transaction to local law
enforcement. A person who reports information under this subdivision in good faith is
immune from civil liability relating to the report.
(k) Paragraphs (b) to (j) do not apply to:
(1) pediatric products labeled pursuant to federal regulation primarily intended for
administration to children under 12 years of age according to label instructions;
(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
being manufactured in a manner that prevents the drug from being used to manufacture
methamphetamine;
(3) methamphetamine precursor drugs in gel capsule or liquid form; or
(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
constitutes less than one percent of its total weight and is not its sole active ingredient.
(l) The Board of Pharmacy, in consultation with the Department of Public Safety,
shall certify methamphetamine precursor drugs that meet the requirements of paragraph
(k), clause (2), and publish an annual listing of these drugs.
(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
pursuant to sections 151.42 to 151.51 and registered with and regulated by the United
States Drug Enforcement Administration are exempt from the methamphetamine precursor
drug storage requirements of this section.
(n) This section preempts all local ordinances or regulations governing the sale
by a business establishment of over-the-counter products containing ephedrine or
pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.
    Subd. 7. Board of Pharmacy; regulation of substances. The Board of Pharmacy
is authorized to regulate and define additional substances which contain quantities of a
substance possessing abuse potential in accordance with the following criteria:
(1) The Board of Pharmacy shall place a substance in Schedule I if it finds that the
substance has: A high potential for abuse, no currently accepted medical use in the United
States, and a lack of accepted safety for use under medical supervision.
(2) The Board of Pharmacy shall place a substance in Schedule II if it finds that the
substance has: A high potential for abuse, currently accepted medical use in the United
States, or currently accepted medical use with severe restrictions, and that abuse may lead
to severe psychological or physical dependence.
(3) The Board of Pharmacy shall place a substance in Schedule III if it finds that the
substance has: A potential for abuse less than the substances listed in Schedules I and II,
currently accepted medical use in treatment in the United States, and that abuse may lead
to moderate or low physical dependence or high psychological dependence.
(4) The Board of Pharmacy shall place a substance in Schedule IV if it finds that
the substance has: A low potential for abuse relative to the substances in Schedule III,
currently accepted medical use in treatment in the United States, and that abuse may lead
to limited physical dependence or psychological dependence relative to the substances in
Schedule III.
(5) The Board of Pharmacy shall place a substance in Schedule V if it finds that the
substance has: A low potential for abuse relative to the substances listed in Schedule IV,
currently accepted medical use in treatment in the United States, and limited physical
dependence and/or psychological dependence liability relative to the substances listed
in Schedule IV.
    Subd. 8. Add, delete, or reschedule substances. The state Board of Pharmacy may,
by rule, add substances to or delete or reschedule substances listed in this section. The
Board of Pharmacy may not delete or reschedule a drug that is in Schedule I, except as
provided in subdivision 12.
In making a determination regarding a substance, the Board of Pharmacy shall
consider the following: The actual or relative potential for abuse, the scientific evidence
of its pharmacological effect, if known, the state of current scientific knowledge
regarding the substance, the history and current pattern of abuse, the scope, duration,
and significance of abuse, the risk to public health, the potential of the substance to
produce psychic or physiological dependence liability, and whether the substance is an
immediate precursor of a substance already controlled under this section. The state Board
of Pharmacy may include any nonnarcotic drug authorized by federal law for medicinal
use in a schedule only if such drug must, under either federal or state law or rule, be
sold only on prescription.
    Subd. 8a. Methamphetamine precursors. The State Board of Pharmacy may,
by order, require that nonprescription ephedrine or pseudophedrine products sold in
gel capsule or liquid form be subject to the sale restrictions established in subdivision
6 for methamphetamine precursor drugs, if the board concludes that ephedrine or
pseudophedrine products in gel capsule or liquid form can be used to manufacture
methamphetamine. In assessing the need for an order under this subdivision, the board
shall consult at least annually with the advisory council on controlled substances, the
commissioner of public safety, and the commissioner of health.
    Subd. 8b. Board of Pharmacy; expedited scheduling of additional substances.
(a) The state Board of Pharmacy may, by rule, add a substance to Schedule I provided that
it finds that the substance has a high potential for abuse, has no currently accepted medical
use in the United States, has a lack of accepted safety for use under medical supervision,
has known adverse health effects, and is currently available for use within the state. For
the purposes of this subdivision only, the board may use the expedited rulemaking process
under section 14.389. The scheduling of a substance under this subdivision expires the
day after the adjournment of the legislative session immediately following the substance's
scheduling unless the legislature by law ratifies the action.
(b) If the board schedules a substance under this subdivision, the board shall notify
in a timely manner the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over criminal justice and health policy
and finance of the action and the reasons for it. The notice must include a copy of the
administrative law judge's decision on the matter.
(c) This subdivision expires August 1, 2014.
    Subd. 9. Except substances by rule. The state Board of Pharmacy may by rule
except any compound, mixture, or preparation containing any stimulant or depressant
substance listed in subdivision 4, clauses (1) and (2) paragraphs (b) and (c), or in
subdivisions 5 and 6 from the application of all or any part of this chapter, if the
compound, mixture, or preparation contains one or more active medicinal ingredients not
having a stimulant or depressant effect on the central nervous system; provided, that
such admixtures shall be included therein in such combinations, quantity, proportion,
or concentration as to vitiate the potential for abuse of the substances which do have a
stimulant or depressant effect on the central nervous system.
    Subd. 10. Dextromethorphan. Dextromethorphan shall not be deemed to be
included in any schedule by reason of the enactment of Laws 1971, chapter 937, unless
controlled pursuant to the foregoing provisions of this section.
    Subd. 12. Coordination of controlled substance regulation with federal law and
state statute. If any substance is designated, rescheduled, or deleted as a controlled
substance under federal law and notice thereof is given to the state Board of Pharmacy, the
state Board of Pharmacy shall similarly control the substance under this chapter, after the
expiration of 30 days from publication in the Federal Register of a final order designating
a substance as a controlled substance or rescheduling or deleting a substance. Such order
shall be filed with the secretary of state. If within that 30-day period, the state Board of
Pharmacy objects to inclusion, rescheduling, or deletion, it shall publish the reasons for
objection and afford all interested parties an opportunity to be heard. At the conclusion of
the hearing, the state Board of Pharmacy shall publish its decision, which shall be subject
to the provisions of chapter 14.
In exercising the authority granted by this chapter, the state Board of Pharmacy shall
be subject to the provisions of chapter 14. The state Board of Pharmacy shall provide
copies of any proposed rule under this chapter to the advisory council on controlled
substances at least 30 days prior to any hearing required by section 14.14, subdivision 1.
The state Board of Pharmacy shall consider the recommendations of the advisory council
on controlled substances, which may be made prior to or at the hearing.
The state Board of Pharmacy shall annually submit a report to the legislature on or
before December 1 that specifies what changes the board made to the controlled substance
schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in
the preceding 12 months. The report must include specific recommendations for amending
the controlled substance schedules contained in subdivisions 2 to 6, so that they conform
with the controlled substance schedules maintained by the board in Minnesota Rules,
parts 6800.4210 to 6800.4250.
    Subd. 13. Implementation study. Annually, the state Board of Pharmacy shall study
the implementation of this chapter in relation to the problems of drug abuse in Minnesota.
EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
committed on or after that date.

    Sec. 2. Minnesota Statutes 2011 Supplement, section 152.027, subdivision 6, is
amended to read:
    Subd. 6. Sale or possession of synthetic cannabinoids. (a) As used in this
subdivision, "synthetic cannabinoid" includes any substance included in section 152.02,
subdivision 2, paragraph (h), clause (7) (3).
(b) A person who unlawfully sells a synthetic cannabinoid for no remuneration is
guilty of a gross misdemeanor.
(c) A person who unlawfully sells any amount of a synthetic cannabinoid is guilty of
a gross misdemeanor felony and if convicted may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both.
(c) (d) A person who unlawfully possesses any amount of a synthetic cannabinoid is
guilty of a misdemeanor.
(d) (e) Notwithstanding any contrary provision in sections 152.021 to 152.025, this
subdivision describes the exclusive penalties for the sale and possession of synthetic
cannabinoid.
EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
committed on or after that date.

    Sec. 3. Minnesota Statutes 2010, section 152.18, subdivision 1, is amended to read:
    Subdivision 1. Deferring prosecution for certain first time drug offenders. If
any person who has not previously participated in or completed a diversion program
authorized under section 401.065 or who has not previously been placed on probation
without a judgment of guilty and thereafter been discharged from probation under
this section is found guilty of a violation of section 152.024, subdivision 2, 152.025,
subdivision 2
, or 152.027, subdivision 2, 3, or 4, or 6, paragraph (d), for possession of a
controlled substance, after trial or upon a plea of guilty, and the court determines that the
violation does not qualify as a subsequent controlled substance conviction under section
152.01, subdivision 16a, the court may, without entering a judgment of guilty and with the
consent of the person, defer further proceedings and place the person on probation upon
such reasonable conditions as it may require and for a period, not to exceed the maximum
sentence provided for the violation. The court may give the person the opportunity to
attend and participate in an appropriate program of education regarding the nature and
effects of alcohol and drug abuse as a stipulation of probation. Upon violation of a
condition of the probation, the court may enter an adjudication of guilt and proceed as
otherwise provided. The court may, in its discretion, dismiss the proceedings against the
person and discharge the person from probation before the expiration of the maximum
period prescribed for the person's probation. If during the period of probation the person
does not violate any of the conditions of the probation, then upon expiration of the period
the court shall discharge the person and dismiss the proceedings against that person.
Discharge and dismissal under this subdivision shall be without court adjudication of guilt,
but a not public record of it shall be retained by the Bureau of Criminal Apprehension
for the purpose of use by the courts in determining the merits of subsequent proceedings
against the person. The not public record may also be opened only upon court order for
purposes of a criminal investigation, prosecution, or sentencing. Upon request by law
enforcement, prosecution, or corrections authorities, the bureau shall notify the requesting
party of the existence of the not public record and the right to seek a court order to open it
pursuant to this section. The court shall forward a record of any discharge and dismissal
under this subdivision to the bureau which shall make and maintain the not public record
of it as provided under this subdivision. The discharge or dismissal shall not be deemed a
conviction for purposes of disqualifications or disabilities imposed by law upon conviction
of a crime or for any other purpose.
For purposes of this subdivision, "not public" has the meaning given in section
13.02, subdivision 8a.
EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
committed on or after that date.
Presented to the governor April 24, 2012
Signed by the governor April 27, 2012, 2:16 p.m.

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