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Section 1 amends the definition of "mixture" in the controlled substances chapter of law (Minnesota Statutes, chapter 152) to reflect the changes made below in sections 2, 6, 7, and 8. Under current law, prosecutors may make charging decisions based on the entire weight of a mixture that contains a controlled substance even if the drug is only a small fraction of the mixture. Sections 2, 6, 7, and 8 would change this policy as it relates to first- through third-degree controlled substance possession offenses and the offense of possession of a small amount of marijuana. (Of note, these sections (sections 1, 2, 6, 7, and 8) have immediate effective dates.)
Section 2 amends the definition of "small amount," which relates to the offense of possession of a small amount of marijuana so that the weight of bong water may not be used to determine what constitutes a "small amount" when the bong water measures less than four fluid ounces.
Section 3 adds a definition of "analog" to the controlled substances chapter of law.
Section 4 adds the substances known as 2C-E and 2C-I, plant food, bath salts, and synthetic cannabinoids to the list of Schedule I drugs in the controlled substances chapter of law. Provides that an analog of a Schedule I or II controlled substance is considered a Schedule I controlled substance.
Section 5 eliminates the Board of Pharmacy's obligation to undertake an annual review of the controlled substance schedules. Prohibits the board from deleting or rescheduling a drug that is in Schedule I except as otherwise provided in law.
Section 6 amends the offense of first-degree controlled substance possession so that the weight of bong water may not be used to determine the level of offense in cases where a person is accused of possessing a "mixture" that contains less than four fluid ounces of bong water.
Section 7 amends the offense of second-degree controlled substance possession so that the weight of bong water may not be used to determine the level of offense in cases where a person is accused of possessing a "mixture" that contains less than four fluid ounces of bong water.
Section 8 amends the offense of third-degree controlled substance possession so that the weight of bong water may not be used to determine the level of offense in cases where a person is accused of possessing a "mixture" that contains less than four fluid ounces of bong water.
Section 9 provides that anyone who unlawfully sells any amount of a synthetic cannabinoid is guilty of a gross misdemeanor and that anyone who unlawfully possesses any amount of a synthetic cannabinoid is guilty of a misdemeanor. Defines "synthetic cannabinoid." Clarifies that the penalties provided in the first- to fifth-degree controlled substances crimes do not apply here.
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