Overview

H.F. 2508 (conference committee report) updates the statutory controlled substance schedules so that they match the controlled substance schedules maintained by the Board of Pharmacy in rules. Adds recently detected synthetic stimulants and hallucinogens to schedule I. Grants the Board expedited drug scheduling authority. Modifies the definition of synthetic cannabinoids and enhances the penalties for selling such substances. Allows courts to stay the adjudication of guilt for first time synthetic cannabinoid possession offenders.

Section 1 amends the statutory controlled substance schedules to bring them up-to-date with the controlled substance schedules maintained by the Board of Pharmacy in rules. Modifies the definition of synthetic cannabinoids and adds recently detected synthetic stimulants and hallucinogens to Schedule I.  Eliminates the board’s obligation to complete an annual study of implementation of Minnesota Statutes, chapter 152, in relation to drug abuse in Minnesota. Authorizes the Board of Pharmacy to use the expedited rule-making process to add a substance to schedule I. This authority is sunsetted in two years. A substance scheduled under this expedited process is effective for one year. (The legislature would have to ratify the change for it to be permanent.)

Section 2 birfucates the current gross misdemeanor penalty for selling synthetic cannabinoids into a gross misdemeanor and a felony.  A person who “sells” a synthetic cannabinoid for no remuneration is guilty of a gross misdemeanor.  All other sales of a synthetic cannabinoid carry a five-year felony penalty. 

Section 3 amends the controlled substance discharge and dismissal statute to add  synthetic cannabinoid possession violations. This would allow a court to stay the adjudication of guilt of a person charged with synthetic cannabinoid possession (a misdemeanor offense) if the offender does not have any prior drug convictions. The offender would be placed on probation and required to comply with certain conditions. If the person successfully does this, the charge would be eventually dismissed and the offender would not have a public record of the offense.

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