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 August 1, 2011, and applies to crimes
1.19committed 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 August 1, 2011, and applies to crimes
2.2committed 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 and either:
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, which such person represents or intends to
2.13have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is
2.14substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect
2.15on the central nervous system of a controlled substance in Schedule I or II.
2.16(b) "Analog" does not include:
2.17(1) a controlled substance;
2.18(2) any substance for which there is an approved new drug application under the
2.19Federal Food, Drug, and Cosmetic Act; or
2.20(3) with respect to a particular person, any substance, if an exemption is in effect for
2.21investigational use, for that person, as provided by United States Code, title 21, section
2.22355, and the person is registered as a controlled substance researcher as required under
2.23section 152.12, subdivision 3, to the extent conduct with respect to such substance is
2.24pursuant to such exemption and registration.
2.25EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.26committed on or after that date.

2.27    Sec. 4. Minnesota Statutes 2010, section 152.02, subdivision 2, is amended to read:
2.28    Subd. 2. Schedule I. The following items are listed in Schedule I:
2.29(1) Any of the following substances, including their isomers, esters, ethers, salts, and
2.30salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of
2.31such isomers, esters, ethers and salts is possible within the specific chemical designation:
2.32Acetylmethadol; Allylprodine; Alphacetylmethadol; Alphameprodine; Alphamethadol;
2.33Benzethidine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine;
2.34Clonitazene; Dextromoramide; Dextrorphan; Diampromide; Diethyliambutene;
3.1Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl butyrate; Dipipanone;
3.2Ethylmethylthiambutene; Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine;
3.3Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; Noracymethadol;
3.4Norlevorphanol; Normethadone; Norpipanone; Phenadoxone; Phenampromide;
3.5Phenomorphan; Phenoperidine; Piritramide; Proheptazine; Properidine; Racemoramide;
3.6Trimeperidine.
3.7(2) Any of the following opium derivatives, their salts, isomers and salts of
3.8isomers, unless specifically excepted, whenever the existence of such salts, isomers
3.9and salts of isomers is possible within the specific chemical designation: Acetorphine;
3.10Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; Codeine methylbromide;
3.11Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Etorphine; Heroin;
3.12Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine methylbromide;
3.13Morphine methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine;
3.14Normorphine; Pholcodine; Thebacon.
3.15(3) Any material, compound, mixture or preparation which contains any quantity of
3.16the following hallucinogenic substances, their salts, isomers (whether optical, positional,
3.17or geometric), and salts of isomers, unless specifically excepted or unless listed in
3.18another schedule, whenever the existence of such salts, isomers, and salts of isomers is
3.19possible within the specific chemical designation: 3,4-methylenedioxy amphetamine;
3.203,4-methylenedioxymethamphetamine; 4-bromo-2,5-dimethoxyamphetamine;
3.212,5-dimethoxyamphetamine; 4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy
3.22amphetamine; Bufotenine; Diethyltryptamine; Dimethyltryptamine; 3,4,5-trimethoxy
3.23amphetamine; 4-methyl-2, 5-dimethoxyamphetamine; Ibogaine; Lysergic acid
3.24diethylamide; marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl
3.25benzilate; Psilocybin; Psilocyn; Tetrahydrocannabinols; 1-(1-(2-thienyl)
3.26cyclohexyl) piperidine; n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl)
3.27pyrrolidine; 2,5-dimethoxy-4-ethylphenethylamine, also known as 2C-E;
3.282,5-dimethoxy-4-iodophenethylamine, also known as 2C-I.
3.29(4) Peyote, providing the listing of peyote as a controlled substance in Schedule I
3.30does not apply to the nondrug use of peyote in bona fide religious ceremonies of the
3.31American Indian Church, and members of the American Indian Church are exempt
3.32from registration. Any person who manufactures peyote for or distributes peyote to the
3.33American Indian Church, however, is required to obtain federal registration annually and
3.34to comply with all other requirements of law.
3.35(5) Unless specifically excepted or unless listed in another schedule, any material
3.36compound, mixture, or preparation which contains any quantity of the following
4.1substances having a depressant effect on the central nervous system, including its salts,
4.2isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
4.3isomers is possible within the specific chemical designation:
4.4Mecloqualone;
4.5Flunitrazepam.
4.6(6) Unless specifically excepted or unless listed in another schedule, any material
4.7compound, mixture, or preparation which contains any quantity of the following
4.8substances having a stimulant effect on the central nervous system, including its salts,
4.9isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
4.10isomers is possible within the specific chemical designation:
4.11Cathinone;
4.12Methcathinone.
4.13(7) Unless specifically excepted or unless listed in another schedule, any natural or
4.14synthetic material, compound, mixture, or preparation that contains any quantity of a
4.15substance that is a cannabinoid receptor agonist, including, but not limited to, the following
4.16substances and their analogs, including isomers, whether optical, positional, or geometric;
4.17esters; ethers; salts; and salts of isomers, esters, and ethers, whenever the existence of the
4.18isomers, esters, ethers, or salts is possible within the specific chemical designation:
4.191-pentyl-2-methyl-3-(1-naphthoyl)indole (JWH-007),
4.20(2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone (JWH-015),
4.211-Pentyl-3-(1-naphthoyl)indole (JWH-018), 1-hexyl-3-(naphthalen-1-oyl)indole
4.22(JWH-019), 1-Butyl-3-(1-naphthoyl)indole (JWH-073),
4.234-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-081),
4.244-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone
4.25(JWH-098), (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone
4.26(JWH-200), 7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
4.27(JWH-164), 2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone (JWH-203),
4.284-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-210),
4.292-(2-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone (JWH-250),
4.301-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398), (6aR,10aR)-
4.319-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
4.32tetrahydrobenzo[c]chromen-1-ol (HU-210), (R)-(+)-[2,3-Dihydro-5-methyl-3-
4.33(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone
4.34(WIN-55,212-2), 2-[3-hydroxycyclohexyl]- 5-(2-methyloctan-2-yl)phenol (CP47,497),
4.35dimethylheptylpyran.
5.1(8) A controlled substance analog, to the extent that it is implicitly or explicitly
5.2intended for human consumption.
5.3EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
5.4committed on or after that date.

5.5    Sec. 5. Minnesota Statutes 2010, section 152.021, subdivision 2, is amended to read:
5.6    Subd. 2. Possession crimes. (a) A person is guilty of a controlled substance crime
5.7in the first degree if:
5.8(1) the person unlawfully possesses one or more mixtures of a total weight of 25
5.9grams or more containing cocaine, heroin, or methamphetamine;
5.10(2) the person unlawfully possesses one or more mixtures of a total weight of 500
5.11grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
5.12(3) the person unlawfully possesses one or more mixtures of a total weight of
5.13500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
5.14controlled substance is packaged in dosage units, equaling 500 or more dosage units; or
5.15(4) the person unlawfully possesses one or more mixtures of a total weight of 100
5.16kilograms or more containing marijuana or Tetrahydrocannabinols.
5.17(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
5.18not be considered in measuring the weight of a mixture except in cases where the mixture
5.19contains four or more fluid ounces of fluid.
5.20EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
5.21committed on or after that date.

5.22    Sec. 6. Minnesota Statutes 2010, section 152.022, subdivision 2, is amended to read:
5.23    Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime
5.24in the second degree if:
5.25(1) the person unlawfully possesses one or more mixtures of a total weight of six
5.26grams or more containing cocaine, heroin, or methamphetamine;
5.27(2) the person unlawfully possesses one or more mixtures of a total weight of 50
5.28grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
5.29(3) the person unlawfully possesses one or more mixtures of a total weight of
5.3050 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
5.31controlled substance is packaged in dosage units, equaling 100 or more dosage units; or
5.32(4) the person unlawfully possesses one or more mixtures of a total weight of 50
5.33kilograms or more containing marijuana or Tetrahydrocannabinols.
6.1(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
6.2not be considered in measuring the weight of a mixture except in cases where the mixture
6.3contains four or more fluid ounces of fluid.
6.4EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
6.5committed on or after that date.

6.6    Sec. 7. Minnesota Statutes 2010, section 152.023, subdivision 2, is amended to read:
6.7    Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in
6.8the third degree if:
6.9(1) on one or more occasions within a 90-day period the person unlawfully possesses
6.10one or more mixtures of a total weight of three grams or more containing cocaine, heroin,
6.11or methamphetamine;
6.12(2) on one or more occasions within a 90-day period the person unlawfully possesses
6.13one or more mixtures of a total weight of ten grams or more containing a narcotic drug
6.14other than cocaine, heroin, or methamphetamine;
6.15(3) on one or more occasions within a 90-day period the person unlawfully possesses
6.16one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
6.17equals 50 or more dosage units;
6.18(4) on one or more occasions within a 90-day period the person unlawfully
6.19possesses any amount of a schedule I or II narcotic drug or five or more dosage
6.20units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
6.213,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
6.22zone, or a drug treatment facility;
6.23(5) on one or more occasions within a 90-day period the person unlawfully possesses
6.24one or more mixtures of a total weight of ten kilograms or more containing marijuana or
6.25Tetrahydrocannabinols; or
6.26(6) the person unlawfully possesses one or more mixtures containing
6.27methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
6.28or a drug treatment facility.
6.29(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
6.30not be considered in measuring the weight of a mixture except in cases where the mixture
6.31contains four or more fluid ounces of fluid.
6.32EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
6.33committed on or after that date.

7.1    Sec. 8. Minnesota Statutes 2008, section 152.027, is amended by adding a subdivision
7.2to read:
7.3    Subd. 6. Sale or possession of synthetic cannabinoids. (a) As used in this
7.4subdivision, "synthetic cannabinoid" includes any substance described in section 152.02,
7.5subdivision 2, clause (7).
7.6(b) A person who unlawfully sells any amount of a synthetic cannabinoid is guilty
7.7of a gross misdemeanor.
7.8(c) A person who unlawfully possesses any amount of a synthetic cannabinoid is
7.9guilty of a misdemeanor.
7.10(d) Notwithstanding any contrary provision in sections 152.021 to 152.025, this
7.11subdivision describes the exclusive penalties for the sale and possession of synthetic
7.12cannabinoid.
7.13EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
7.14committed on or after that date.