1.1                          A bill for an act 
  1.2             relating to crime prevention; adding the chemical 
  1.3             substance known as MDMA to the list of schedule I 
  1.4             controlled substances; adding the chemical substances 
  1.5             known as MDMA and MDA to certain controlled substance 
  1.6             penalty enhancement provisions; amending Minnesota 
  1.7             Statutes 2000, sections 152.02, subdivision 2; 
  1.8             152.022, subdivision 1; and 152.023, subdivision 2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 152.02, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  [SCHEDULE I.] The following items are listed in 
  1.13  Schedule I: 
  1.14     (1) Any of the following substances, including their 
  1.15  isomers, esters, ethers, salts, and salts of isomers, esters, 
  1.16  and ethers, unless specifically excepted, whenever the existence 
  1.17  of such isomers, esters, ethers and salts is possible within the 
  1.18  specific chemical designation:  Acetylmethadol; Allylprodine; 
  1.19  Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; 
  1.20  Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 
  1.21  Clonitazene; Dextromoramide; Dextrorphan; Diampromide; 
  1.22  Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; 
  1.23  Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; 
  1.24  Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; 
  1.25  Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; 
  1.26  Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; 
  1.27  Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; 
  2.1   Piritramide; Proheptazine; Properidine; Racemoramide; 
  2.2   Trimeperidine.  
  2.3      (2) Any of the following opium derivatives, their salts, 
  2.4   isomers and salts of isomers, unless specifically excepted, 
  2.5   whenever the existence of such salts, isomers and salts of 
  2.6   isomers is possible within the specific chemical designation:  
  2.7   Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; 
  2.8   Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; 
  2.9   Desomorphine; Dihydromorphine; Etorphine; Heroin; 
  2.10  Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine 
  2.11  methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; 
  2.12  Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; 
  2.13  Thebacon.  
  2.14     (3) Any material, compound, mixture or preparation which 
  2.15  contains any quantity of the following hallucinogenic 
  2.16  substances, their salts, isomers and salts of isomers, unless 
  2.17  specifically excepted, whenever the existence of such salts, 
  2.18  isomers, and salts of isomers is possible within the specific 
  2.19  chemical designation:  3,4-methylenedioxy amphetamine; 
  2.20  3,4-methylenedioxymethamphetamine; 
  2.21  4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine; 
  2.22  4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; 
  2.23  Bufotenine; Diethyltryptamine; Dimethyltryptamine; 
  2.24  3,4,5-trimethoxy amphetamine; 4-methyl-2, 
  2.25  5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; 
  2.26  marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; 
  2.27  N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; 
  2.28  Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; 
  2.29  n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) 
  2.30  pyrrolidine.  
  2.31     (4) Peyote, providing the listing of peyote as a controlled 
  2.32  substance in schedule I does not apply to the nondrug use of 
  2.33  peyote in bona fide religious ceremonies of the American Indian 
  2.34  Church, and members of the American Indian Church are exempt 
  2.35  from registration.  Any person who manufactures peyote for or 
  2.36  distributes peyote to the American Indian Church, however, is 
  3.1   required to obtain federal registration annually and to comply 
  3.2   with all other requirements of law.  
  3.3      (5) Unless specifically excepted or unless listed in 
  3.4   another schedule, any material compound, mixture, or preparation 
  3.5   which contains any quantity of the following substances having a 
  3.6   depressant effect on the central nervous system, including its 
  3.7   salts, isomers, and salts of isomers whenever the existence of 
  3.8   such salts, isomers, and salts of isomers is possible within the 
  3.9   specific chemical designation:  
  3.10     Mecloqualone; 
  3.11     Flunitrazepam. 
  3.12     (6) Unless specifically excepted or unless listed in 
  3.13  another schedule, any material compound, mixture, or preparation 
  3.14  which contains any quantity of the following substances having a 
  3.15  stimulant effect on the central nervous system, including its 
  3.16  salts, isomers, and salts of isomers whenever the existence of 
  3.17  such salts, isomers, and salts of isomers is possible within the 
  3.18  specific chemical designation: 
  3.19  Cathinone; 
  3.20  Methcathinone. 
  3.21     Sec. 2.  Minnesota Statutes 2000, section 152.022, 
  3.22  subdivision 1, is amended to read: 
  3.23     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  3.24  controlled substance crime in the second degree if: 
  3.25     (1) on one or more occasions within a 90-day period the 
  3.26  person unlawfully sells one or more mixtures of a total weight 
  3.27  of three grams or more containing cocaine, heroin, or 
  3.28  methamphetamine; 
  3.29     (2) on one or more occasions within a 90-day period the 
  3.30  person unlawfully sells one or more mixtures of a total weight 
  3.31  of ten grams or more containing a narcotic drug other than 
  3.32  cocaine, heroin, or methamphetamine; 
  3.33     (3) on one or more occasions within a 90-day period the 
  3.34  person unlawfully sells one or more mixtures of a total weight 
  3.35  of ten grams or more containing amphetamine, phencyclidine, or 
  3.36  hallucinogen or, if the controlled substance is packaged in 
  4.1   dosage units, equaling 50 or more dosage units; 
  4.2      (4) on one or more occasions within a 90-day period the 
  4.3   person unlawfully sells one or more mixtures of a total weight 
  4.4   of 25 kilograms or more containing marijuana or 
  4.5   Tetrahydrocannabinols; 
  4.6      (5) the person unlawfully sells any amount of a schedule I 
  4.7   or II narcotic drug to a person under the age of 18, or 
  4.8   conspires with or employs a person under the age of 18 to 
  4.9   unlawfully sell the substance; or 
  4.10     (6) the person unlawfully sells any of the following in a 
  4.11  school zone, a park zone, a public housing zone, or a drug 
  4.12  treatment facility: 
  4.13     (i) any amount of a schedule I or II narcotic drug, or 
  4.14  lysergic acid diethylamide (LSD), 3,4-methylenedioxy 
  4.15  amphetamine, or 3,4-methylenedioxymethamphetamine; 
  4.16     (ii) one or more mixtures containing methamphetamine or 
  4.17  amphetamine; or 
  4.18     (iii) one or more mixtures of a total weight of five 
  4.19  kilograms or more containing marijuana or Tetrahydrocannabinols. 
  4.20     Sec. 3.  Minnesota Statutes 2000, section 152.023, 
  4.21  subdivision 2, is amended to read: 
  4.22     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
  4.23  controlled substance crime in the third degree if: 
  4.24     (1) on one or more occasions within a 90-day period the 
  4.25  person unlawfully possesses one or more mixtures of a total 
  4.26  weight of three grams or more containing cocaine, heroin, or 
  4.27  methamphetamine; 
  4.28     (2) on one or more occasions within a 90-day period the 
  4.29  person unlawfully possesses one or more mixtures of a total 
  4.30  weight of ten grams or more containing a narcotic drug other 
  4.31  than cocaine, heroin, or methamphetamine; 
  4.32     (3) on one or more occasions within a 90-day period the 
  4.33  person unlawfully possesses one or more mixtures containing a 
  4.34  narcotic drug, it is packaged in dosage units, and equals 50 or 
  4.35  more dosage units; 
  4.36     (4) on one or more occasions within a 90-day period the 
  5.1   person unlawfully possesses any amount of a schedule I or II 
  5.2   narcotic drug or five or more dosage units of lysergic acid 
  5.3   diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 
  5.4   3,4-methylenedioxymethamphetamine in a school zone, a park zone, 
  5.5   a public housing zone, or a drug treatment facility; 
  5.6      (5) on one or more occasions within a 90-day period the 
  5.7   person unlawfully possesses one or more mixtures of a total 
  5.8   weight of ten kilograms or more containing marijuana or 
  5.9   Tetrahydrocannabinols; or 
  5.10     (6) the person unlawfully possesses one or more mixtures 
  5.11  containing methamphetamine or amphetamine in a school zone, a 
  5.12  park zone, a public housing zone, or a drug treatment facility. 
  5.13     Sec. 4.  [EFFECTIVE DATE.] 
  5.14     Sections 1 to 3 are effective August 1, 2001, and apply to 
  5.15  crimes committed on or after that date.