05/05/20 ​ REVISOR KLL/JK A20-0767​

1.1 ...... moves to amend H.F. No. 2711 as follows:​

1.2 Delete everything after the enacting clause and insert:​

1.3 "ARTICLE 1​

1.4 APPROPRIATIONS​

1.5 Section 1. APPROPRIATIONS.​

1.6 The sums shown in the column under "APPROPRIATIONS" are added to or reduce the​

1.7 appropriations in Laws 2019, First Special Session chapter 5, to the agencies and for the​

1.8 purposes specified in this article. The appropriations are from the general fund, or another​

1.9 named fund, and are available for the fiscal year indicated for each purpose.​

1.10 APPROPRIATIONS​ 1.11 Available for the Year​ 1.12 Ending June 30​ 1.13 2020​ 2021​

1.14 Sec. 2. CORRECTIONS​

1.15 Subdivision 1. Total Appropriation​ $​ 205,000​ $​ 5,545,000​

1.16 The amounts that may be spent for each​

1.17 purpose are specified in the following​

1.18 subdivisions.​

1.19 Subd. 2. Correctional Institutions​ -0-​ (2,545,000)​

1.20 To account for overall bed impact savings of​

1.21 reductions in the penalties for controlled​

1.22 substances offenses involving the possession​

1.23 of marijuana, investments in community​

1.24 supervision, and increased penalties for sex​

1.25 trafficking offenses, the fiscal year 2021​

Article 1 Sec. 2.​ 1​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

2.1 appropriation from Laws 2019, First Special​

2.2 Session chapter 5, article 1, section 15,​

2.3 subdivision 2, is reduced by $2,545,000.​

2.4 Subd. 3. Community Services​ 205,000​ 8,065,000​

2.5 $3,925,000 in fiscal year 2021 is added to the​

2.6 Community Corrections Act subsidy, under​

2.7 Minnesota Statutes, section 401.14. The base​

2.8 for this appropriation is $4,911,000 in fiscal​

2.9 year 2022 and $4,911,000 in fiscal year 2023.​

2.10 $310,000 in fiscal year 2021 is for county​

2.11 probation officer reimbursement, under​

2.12 Minnesota Statutes, section 244.19,​

2.13 subdivision 6.​

2.14 $205,000 in fiscal year 2020 and $430,000 in​

2.15 fiscal year 2021 is to provide offender​

2.16 supervision services in Meeker and Renville​

2.17 counties. These expenditures must be offset​

2.18 by revenue to the general fund collected under​

2.19 Minnesota Statutes, section 244.19,​

2.20 subdivision 5.​

2.21 $422,000 in fiscal year 2021 is to increase​

2.22 Department of Correction's offender​

2.23 supervision. The base for this appropriation​

2.24 is $844,000 in fiscal year 2022 and $844,000​

2.25 in fiscal year 2023.​

2.26 $2,613,000 in fiscal year 2021 is to establish​

2.27 county and regional revocation intervention​

2.28 service centers for offenders who would​

2.29 otherwise be returned to prison. The base for​

2.30 this appropriation is $5,100,000 in fiscal year​

2.31 2022 and $5,100,000 in fiscal year 2023.​

2.32 $365,000 in fiscal year 2021 is for cognitive​

2.33 behavioral treatment, for community-based​

2.34 sex offender treatment, and to increase housing​

Article 1 Sec. 2.​ 2​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

3.1 alternatives for offenders under community​

3.2 supervision. The base for this appropriation​

3.3 is $730,000 in fiscal year 2022 and $730,000​

3.4 in fiscal year 2023.​

3.5 Subd. 4. Operations Support​ -0-​ 25,000​

3.6 Felony Murder Task Force​

3.7 $25,000 in fiscal year 2021 is for staffing​

3.8 needs of the Felony Murder Task Force.​

3.9 Sec. 3. SENTENCING GUIDELINES​ $​ 8,000​ $​ 36,000​

3.10 Sec. 4. PUBLIC SAFETY; BUREAU OF​ 3.11 CRIMINAL APPREHENSION​ $​ -0-​ $​ 4,775,000​

3.12 (a) Storage, Tracking, and Testing for Sexual​ 3.13 Assault Examination Kits​

3.14 $3,096,000 in fiscal year 2021 is to pay for​

3.15 the testing of unrestricted sexual assault​

3.16 examination kits, storage of restricted kits, and​

3.17 the development of an informational website​

3.18 for sexual assault survivors to learn the status​

3.19 of the testing of the survivor's individual​

3.20 sexual assault examination kit. The base for​

3.21 this appropriation is $2,067,000 in fiscal year​

3.22 2022 and each year thereafter.​

3.23 (b) Laboratory Capacity Enhancement for​ 3.24 Marijuana Testing​

3.25 $293,000 in fiscal year 2021 is for staffing​

3.26 and operating costs to increase staff and​

3.27 provide for training, supplies, and equipment​

3.28 to enhance the capacity of testing for the​

3.29 presence and weight of marijuana to comply​

3.30 with changes in law establishing additional​

3.31 graduated penalties for possession of​

3.32 marijuana. The base for this appropriation is​

3.33 $255,000 in fiscal year 2022 and each year​

3.34 thereafter.​

Article 1 Sec. 4.​ 3​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

4.1 (c) Laboratory Capacity Enhancement to​ 4.2 Combat Violent Crime​

4.3 $1,386,000 in fiscal year 2021 is for staffing​

4.4 and operating costs to increase staff; provide​

4.5 for training, supplies, and equipment; and​

4.6 renovate space to enhance the capacity for​

4.7 forensic testing to combat violent crime. The​

4.8 base for this appropriation is $844,000 in fiscal​

4.9 year 2022 and each year thereafter.​

4.10 Sec. 5. EFFECTIVE DATE.​

4.11 This article is effective the day following final enactment.​

4.12 ARTICLE 2​

4.13 GENERAL CRIME​

4.14 Section 1. Minnesota Statutes 2019 Supplement, section 504B.206, subdivision 1, is​

4.15 amended to read:​

4.16 Subdivision 1. Right to terminate; procedure. (a) A tenant to a residential lease may​

4.17 terminate a lease agreement in the manner provided in this section without penalty or liability,​

4.18 if the tenant or another authorized occupant fears imminent violence after being subjected​

4.19 to:​

4.20 (1) domestic abuse, as that term is defined under section 518B.01, subdivision 2;​

4.21 (2) criminal sexual conduct under sections 609.342 to 609.3451; or​

4.22 (3) harass, as that term is defined harassment under section 609.749, subdivision 1.​

4.23 (b) The tenant must provide signed and dated advance written notice to the landlord:​

4.24 (1) stating the tenant fears imminent violence from a person as indicated in a qualifying​

4.25 document against the tenant or an authorized occupant if the tenant or authorized occupant​

4.26 remains in the leased premises;​

4.27 (2) stating that the tenant needs to terminate the tenancy;​

4.28 (3) providing the date by which the tenant will vacate; and​

4.29 (4) providing written instructions for the disposition of any remaining personal property​

4.30 in accordance with section 504B.271.​

Article 2 Section 1.​ 4​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

5.1 (c) The written notice must be delivered before the termination of the tenancy by mail,​

5.2 fax, or in person, and be accompanied by a qualifying document.​

5.3 (d) The landlord may request that the tenant disclose the name of the perpetrator and, if​

5.4 a request is made, inform the tenant that the landlord seeks disclosure to protect other tenants​

5.5 in the building. The tenant may decline to provide the name of the perpetrator for safety​

5.6 reasons. Disclosure shall not be a precondition of terminating the lease.​

5.7 (e) The tenancy terminates, including the right of possession of the premises, as provided​

5.8 in subdivision 3.​

5.9 EFFECTIVE DATE. This section is effective August 1, 2020.​

5.10 Sec. 2. Minnesota Statutes 2018, section 609.1095, subdivision 1, is amended to read:​

5.11 Subdivision 1. Definitions. (a) As used in this section, the following terms have the​

5.12 meanings given.​

5.13 (b) "Conviction" means any of the following accepted and recorded by the court: a plea​

5.14 of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes​

5.15 a conviction by any court in Minnesota or another jurisdiction.​

5.16 (c) "Prior conviction" means a conviction that occurred before the offender committed​

5.17 the next felony resulting in a conviction and before the offense for which the offender is​

5.18 being sentenced under this section.​

5.19 (d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of​

5.20 the following laws of this state or any similar laws of the United States or any other state:​

5.21 sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113;​

5.22 609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255;​

5.23 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.322;​

5.24 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582,​

5.25 subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision​

5.26 of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony​

5.27 penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15​

5.28 years or more; or Minnesota Statutes 2012, section 609.21.​

5.29 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

5.30 committed on or after that date.​

Article 2 Sec. 2.​ 5​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

6.1 Sec. 3. Minnesota Statutes 2018, section 609.131, subdivision 2, is amended to read:​

6.2 Subd. 2. Certain violations excepted. Subdivision 1 does not apply to a misdemeanor​

6.3 violation of section 169A.20; 171.09, subdivision 1, paragraph (g); 171.306, subdivision​

6.4 6; 609.224; 609.2242; 609.226; 609.324, subdivision 3; 609.52; or 617.23, or an ordinance​

6.5 that conforms in substantial part to any of those sections. A violation described in this​

6.6 subdivision must be treated as a misdemeanor unless the defendant consents to the​

6.7 certification of the violation as a petty misdemeanor.​

6.8 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

6.9 committed on or after that date.​

6.10 Sec. 4. Minnesota Statutes 2018, section 609.322, subdivision 1, is amended to read:​

6.11 Subdivision 1. Solicitation, inducement, and promotion of prostitution; sex trafficking​

6.12 in the first degree. (a) Whoever, while acting other than as a prostitute or patron,​

6.13 intentionally does any of the following may be sentenced to imprisonment for not more​

6.14 than 20 25 years or to payment of a fine of not more than $50,000, or both:​

6.15 (1) solicits or induces an individual under the age of 18 years to practice prostitution;​

6.16 (2) promotes the prostitution of an individual under the age of 18 years;​

6.17 (3) receives profit, knowing or having reason to know that it is derived from the​

6.18 prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;​

6.19 or​

6.20 (4) engages in the sex trafficking of an individual under the age of 18 years.​

6.21 (b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment​

6.22 for not more than 25 30 years or to payment of a fine of not more than $60,000, or both, if​

6.23 one or more of the following aggravating factors are present:​

6.24 (1) the offender has committed a prior qualified human trafficking-related offense;​

6.25 (2) the offense involved a sex trafficking victim who suffered bodily harm during the​

6.26 commission of the offense;​

6.27 (3) the time period that a sex trafficking victim was held in debt bondage or forced labor​

6.28 or services exceeded 180 days; or​

6.29 (4) the offense involved more than one sex trafficking victim.​

6.30 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

6.31 committed on or after that date.​

Article 2 Sec. 4.​ 6​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

7.1 Sec. 5. Minnesota Statutes 2018, section 609.322, subdivision 1a, is amended to read:​

7.2 Subd. 1a. Solicitation, inducement, and promotion of prostitution; sex trafficking​

7.3 in the second degree. Whoever, while acting other than as a prostitute or patron, intentionally​

7.4 does any of the following may be sentenced to imprisonment for not more than 15 20 years​

7.5 or to payment of a fine of not more than $40,000, or both:​

7.6 (1) solicits or induces an individual to practice prostitution;​

7.7 (2) promotes the prostitution of an individual;​

7.8 (3) receives profit, knowing or having reason to know that it is derived from the​

7.9 prostitution, or the promotion of the prostitution, of an individual; or​

7.10 (4) engages in the sex trafficking of an individual.​

7.11 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

7.12 committed on or after that date.​

7.13 Sec. 6. Minnesota Statutes 2018, section 609.324, subdivision 2, is amended to read:​

7.14 Subd. 2. Patrons of prostitution in public place; penalty for patrons. (a) Whoever,​

7.15 while acting as a patron, intentionally does any of the following while in a public place is​

7.16 guilty of a gross misdemeanor:​

7.17 (1) engages in prostitution with an individual 18 years of age or older; or​

7.18 (2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage​

7.19 in sexual penetration or sexual contact.​

7.20 Except as otherwise provided in subdivision 4, a person who is convicted of violating this​

7.21 subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500.​

7.22 (b) Whoever violates the provisions of this subdivision within ten years of a previous​

7.23 conviction for violating this section or section 609.322 is guilty of a felony and may be​

7.24 sentenced to imprisonment for not more than five years or to payment of a fine of not more​

7.25 than $10,000, or both.​

7.26 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

7.27 committed on or after that date.​

7.28 Sec. 7. Minnesota Statutes 2018, section 609.324, subdivision 4, is amended to read:​

7.29 Subd. 4. Community service in lieu of minimum fine. The court may order a person​

7.30 convicted of violating subdivision 2 or 3 to perform community work service in lieu of all​

Article 2 Sec. 7.​ 7​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

8.1 or a portion of the minimum fine required under those subdivisions if the court makes​

8.2 specific, written findings that the convicted person is indigent or that payment of the fine​

8.3 would create undue hardship for the convicted person or that person's immediate family.​

8.4 Community work service ordered under this subdivision is in addition to any mandatory​

8.5 community work service ordered under subdivision 3.​

8.6 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

8.7 committed on or after that date.​

8.8 Sec. 8. Minnesota Statutes 2018, section 609.3241, is amended to read:​

8.9 609.3241 PENALTY ASSESSMENT AUTHORIZED.​

8.10 (a) When a court sentences an adult convicted of violating section 609.27, 609.282,​

8.11 609.283, 609.322, 609.324, 609.33, 609.352, 617.246, 617.247, or 617.293, while acting​

8.12 other than as a prostitute, the court shall impose an assessment of not less than $500 and​

8.13 not more than $750 for a misdemeanor violation of section 609.27, a violation of section​

8.14 609.324, subdivision 2, a misdemeanor violation of section 609.324, subdivision 3, a violation​

8.15 of section 609.33, or a violation of section 617.293; otherwise the court shall impose an​

8.16 assessment of not less than $750 and not more than $1,000. The assessment shall be​

8.17 distributed as provided in paragraph (c) and is in addition to the surcharge required by​

8.18 section 357.021, subdivision 6.​

8.19 (b) The court may not waive payment of the minimum assessment required by this​

8.20 section. If the defendant qualifies for the services of a public defender or the court finds on​

8.21 the record that the convicted person is indigent or that immediate payment of the assessment​

8.22 would create undue hardship for the convicted person or that person's immediate family,​

8.23 the court may reduce the amount of the minimum assessment to not less than $100. The​

8.24 court also may authorize payment of the assessment in installments.​

8.25 (c) The assessment collected under paragraph (a) must be distributed as follows:​

8.26 (1) 40 percent of the assessment shall be forwarded to the political subdivision that​

8.27 employs the arresting officer for use in enforcement, training, and education activities related​

8.28 to combating sexual exploitation of youth, or if the arresting officer is an employee of the​

8.29 state, this portion shall be forwarded to the commissioner of public safety for those purposes​

8.30 identified in clause (3);​

8.31 (2) 20 percent of the assessment shall be forwarded to the prosecuting agency that handled​

8.32 the case for use in training and education activities relating to combating sexual exploitation​

8.33 activities of youth; and​

Article 2 Sec. 8.​ 8​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

9.1 (3) 40 percent of the assessment must be forwarded to the commissioner of health to be​

9.2 deposited in the safe harbor for youth account in the special revenue fund and are​

9.3 appropriated to the commissioner for distribution to crime victims services organizations​

9.4 that provide services to sexually exploited youth, as defined in section 260C.007, subdivision​

9.5 31.​

9.6 (d) A safe harbor for youth account is established as a special account in the state treasury.​

9.7 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

9.8 committed on or after that date.​

9.9 Sec. 9. Minnesota Statutes 2018, section 609.352, subdivision 4, is amended to read:​

9.10 Subd. 4. Penalty. A person convicted under subdivision 2 or 2a is guilty of a felony and​

9.11 may be sentenced to imprisonment for not more than three five years, or to payment of a​

9.12 fine of not more than $5,000 $10,000, or both.​

9.13 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

9.14 committed on or after that date.​

9.15 Sec. 10. Minnesota Statutes 2019 Supplement, section 609.749, subdivision 2, is amended​

9.16 to read:​

9.17 Subd. 2. Harassment crimes. (a) As used in this subdivision, the following terms have​

9.18 the meanings given:​

9.19 (1) "family or household members" has the meaning given in section 518B.01, subdivision​

9.20 2, paragraph (b);​

9.21 (2) "personal information" has the meaning given in section 617.261, subdivision 7,​

9.22 paragraph (f);​

9.23 (3) "sexual act" has the meaning given in section 617.261, subdivision 7, paragraph (g);​

9.24 and​

9.25 (4) "substantial emotional distress" means mental distress, mental suffering, or mental​

9.26 anguish as demonstrated by a victim's response to an act including but not limited to seeking​

9.27 psychotherapy as defined in section 604.20, losing sleep or appetite, being diagnosed with​

9.28 a mental-health condition, experiencing suicidal ideation, or having difficulty concentrating​

9.29 on tasks resulting in a loss of productivity.​

Article 2 Sec. 10.​ 9​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

10.1 (b) A person who harasses another by committing commits any of the following acts​

10.2 listed in paragraph (c) is guilty of a gross misdemeanor if the person, with the intent to kill,​

10.3 injure, harass, or intimidate another person:​

10.4 (1) places the other person in reasonable fear of substantial bodily harm;​

10.5 (2) places the person in reasonable fear that the person's family or household members​

10.6 will be subject to substantial bodily harm; or​

10.7 (3) causes or would reasonably be expected to cause substantial emotional distress to​

10.8 the other person.​

10.9 (c) A person commits harassment under this section if the person:​

10.10 (1) directly or indirectly, or through third parties, manifests a purpose or intent to injure​

10.11 the person, property, or rights of another by the commission of an unlawful act;​

10.12 (2) follows, monitors, or pursues another, whether in person or through any available​

10.13 technological or other means;​

10.14 (3) returns to the property of another if the actor is without claim of right to the property​

10.15 or consent of one with authority to consent;​

10.16 (4) repeatedly makes telephone calls, sends text messages, or induces a victim to make​

10.17 telephone calls to the actor, whether or not conversation ensues;​

10.18 (5) makes or causes the telephone of another repeatedly or continuously to ring;​

10.19 (6) repeatedly mails or delivers or causes the delivery by any means, including​

10.20 electronically, of letters, telegrams, messages, packages, through assistive devices for people​

10.21 with vision impairments or hearing loss, or any communication made through any available​

10.22 technologies or other objects;​

10.23 (7) knowingly makes false allegations against a peace officer concerning the officer's​

10.24 performance of official duties with intent to influence or tamper with the officer's​

10.25 performance of official duties; or​

10.26 (8) uses another's personal information, without consent, to invite, encourage, or solicit​

10.27 a third party to engage in a sexual act with the person.​

10.28 For purposes of this clause, "personal information" and "sexual act" have the meanings​

10.29 given in section 617.261, subdivision 7.​

10.30 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

10.31 committed on or after that date.​

Article 2 Sec. 10.​ 10​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

11.1 Sec. 11. Minnesota Statutes 2019 Supplement, section 609.749, subdivision 3, is amended​

11.2 to read:​

11.3 Subd. 3. Aggravated violations. (a) A person who commits any of the following acts​

11.4 is guilty of a felony and may be sentenced to imprisonment for not more than five years or​

11.5 to payment of a fine of not more than $10,000, or both:​

11.6 (1) commits any offense described in subdivision 2 because of the victim's or another's​

11.7 actual or perceived race, color, religion, sex, sexual orientation, disability as defined in​

11.8 section 363A.03, age, or national origin;​

11.9 (2) commits any offense described in subdivision 2 by falsely impersonating another;​

11.10 (3) commits any offense described in subdivision 2 and possesses a dangerous weapon​

11.11 at the time was used in any way in the commission of the offense;​

11.12 (4) harasses another, as defined in subdivision 1, commits any offense described in​

11.13 subdivision 2 with intent to influence or otherwise tamper with a juror or a judicial proceeding​

11.14 or with intent to retaliate against a judicial officer, as defined in section 609.415, or a​

11.15 prosecutor, defense attorney, or officer of the court, because of that person's performance​

11.16 of official duties in connection with a judicial proceeding; or​

11.17 (5) commits any offense described in subdivision 2 against a victim under the age of​

11.18 18, if the actor is more than 36 months older than the victim.​

11.19 (b) A person who commits any offense described in subdivision 2 against a victim under​

11.20 the age of 18, if the actor is more than 36 months older than the victim, and the act is​

11.21 committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to​

11.22 imprisonment for not more than ten years or to payment of a fine of not more than $20,000,​

11.23 or both.​

11.24 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

11.25 committed on or after that date.​

11.26 Sec. 12. Minnesota Statutes 2018, section 609.79, subdivision 1, is amended to read:​

11.27 Subdivision 1. Crime defined; obscene call. Whoever,​

11.28 (1) by means of a telephone,​

11.29 (i) makes any comment, request, suggestion or proposal which is obscene, lewd, or​

11.30 lascivious,​

Article 2 Sec. 12.​ 11​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

12.1 (ii) with the intent to harass or intimidate another person, repeatedly makes telephone​

12.2 calls, whether or not conversation ensues, with intent to abuse, disturb, or cause distress​

12.3 and thereby places the other person in reasonable fear of substantial bodily harm; places​

12.4 the person in reasonable fear that the person's family or household members will be subject​

12.5 to substantial bodily harm; or causes or would reasonably be expected to cause substantial​

12.6 emotional distress as defined in section 609.749, subdivision 2, paragraph (a), clause (4),​

12.7 to the other person, or​

12.8 (iii) with the intent to harass or intimidate any person at the called or notified number,​

12.9 makes or causes the telephone of another to repeatedly or continuously to ring, with intent​

12.10 to abuse, disturb, or cause distress in any person at the called number or receive electronic​

12.11 notifications and thereby places the other person in reasonable fear of substantial bodily​

12.12 harm; places the person in reasonable fear that the person's family or household members​

12.13 will be subject to substantial bodily harm; or causes or would reasonably be expected to​

12.14 cause substantial emotional distress as defined in section 609.749, subdivision 2, paragraph​

12.15 (a), clause (4), to the other person, or​

12.16 (2) having control of a telephone, knowingly permits it to be used for any purpose​

12.17 prohibited by this section,​

12.18 shall be guilty of a misdemeanor.​

12.19 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

12.20 committed on or after that date.​

12.21 Sec. 13. Minnesota Statutes 2018, section 609.795, subdivision 1, is amended to read:​

12.22 Subdivision 1. Misdemeanors. Whoever does any of the following is guilty of a​

12.23 misdemeanor:​

12.24 (1) knowing that the actor does not have the consent of either the sender or the addressee,​

12.25 intentionally opens any sealed letter, telegram, or package addressed to another; or​

12.26 (2) knowing that a sealed letter, telegram, or package has been opened without the​

12.27 consent of either the sender or addressee, intentionally publishes any of the contents thereof;​

12.28 or​

12.29 (3) with the intent to abuse, disturb, or cause distress harass or intimidate another person,​

12.30 repeatedly mails or delivers or causes the delivery by any means, including electronically,​

12.31 of letters, telegrams, or packages and thereby places the other person in reasonable fear of​

12.32 substantial bodily harm; places the person in reasonable fear that the person's family or​

12.33 household members will be subject to substantial bodily harm; or causes or would reasonably​

Article 2 Sec. 13.​ 12​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

13.1 be expected to cause substantial emotional distress as defined in section 609.749, subdivision​

13.2 2, paragraph (a), clause (4), to the other person.​

13.3 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

13.4 committed on or after that date.​

13.5 Sec. 14. Minnesota Statutes 2018, section 609.87, is amended by adding a subdivision to​

13.6 read:​

13.7 Subd. 17. Data. "Data" means records or information in digital form on a computer or​

13.8 in software that can be stored, transmitted, or processed.​

13.9 Sec. 15. Minnesota Statutes 2018, section 609.89, subdivision 1, is amended to read:​

13.10 Subdivision 1. Acts. Whoever does any of the following is guilty of computer theft and​

13.11 may be sentenced as provided in subdivision 2:​

13.12 (a) (1) intentionally and without authorization or claim of right accesses or causes to be​

13.13 accessed any computer, computer system, computer network or any part thereof for the​

13.14 purpose of obtaining services or property; or​

13.15 (b) (2) intentionally and without claim of right, and with intent to deprive the owner of​

13.16 use or possession, takes, transfers, conceals or retains possession of any computer, computer​

13.17 system, or any computer software or data contained in a computer, computer system, or​

13.18 computer network.;​

13.19 (3) intentionally and without authorization accesses or copies any computer software or​

13.20 data and uses, alters, transfers, retains, or publishes the software or data; or​

13.21 (4) intentionally retains copies of any computer software or data beyond the individual's​

13.22 authority.​

13.23 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

13.24 committed on or after that date.​

13.25 Sec. 16. SENTENCING GUIDELINES MODIFICATION.​

13.26 The Sentencing Guidelines Commission shall comprehensively review and consider​

13.27 modifying how the Sentencing Guidelines and the sex offender grid address the crimes​

13.28 described in Minnesota Statutes, section 609.322.​

13.29 EFFECTIVE DATE. This section is effective August 1, 2020.​

Article 2 Sec. 16.​ 13​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

14.1 Sec. 17. REPEALER.​

14.2 Minnesota Statutes 2018, sections 609.324, subdivision 3; and 609.749, subdivision 1a,​

14.3 and Minnesota Statutes 2019 Supplement, section 609.749, subdivision 1, are repealed.​

14.4 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

14.5 committed on or after that date.​

14.6 ARTICLE 3​

14.7 OTHER POLICY​

14.8 Section 1. Minnesota Statutes 2018, section 169A.03, subdivision 18, is amended to read:​

14.9 Subd. 18. Peace officer. "Peace officer" means:​

14.10 (1) a State Patrol officer;​

14.11 (2) a University of Minnesota peace officer;​

14.12 (3) a police officer of any municipality, including towns having powers under section​

14.13 368.01, or county; and​

14.14 (4) for purposes of violations of this chapter in or on an off-road recreational vehicle or​

14.15 motorboat, or for violations of section 97B.065 or 97B.066, a state conservation officer.​

14.16 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

14.17 committed on or after that date.​

14.18 Sec. 2. Minnesota Statutes 2018, section 241.021, is amended by adding a subdivision to​

14.19 read:​

14.20 Subd. 4d. Feminine hygiene. Feminine hygiene products, including at a minimum​

14.21 sanitary napkins and tampons, shall be provided at no cost to individuals housed in state​

14.22 correctional facilities used for the general confinement of female inmates. The commissioner​

14.23 of corrections shall develop a written policy to implement a process whereby a reasonable​

14.24 number of feminine hygiene products are available to female inmates.​

14.25 Sec. 3. Minnesota Statutes 2018, section 241.80, is amended to read:​

14.26 241.80 AMERICAN INDIAN COUNSELING CULTURAL PROGRAM.​

14.27 Subdivision 1. Authority. The commissioner of corrections shall develop a policy to​

14.28 provide the counseling cultural programming services listed in subdivision 2 to American​

14.29 Indian inmates of all juvenile and adult state correctional facilities and community-based​

14.30 correctional programs. The commissioner may, within the limits of available money, contract​

Article 3 Sec. 3.​ 14​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

15.1 with appropriate American Indian private, nonprofit organizations to provide these counseling​

15.2 the cultural programming services.​

15.3 Subd. 2. Counseling Cultural programming services. The policy shall include, but​

15.4 need not be limited to, providing, within the limits of available money, spiritual and cultural​

15.5 counseling programming services having the following purposes:​

15.6 (1) the teaching of good work habits and the development of motivation through work;​

15.7 (2) the development of cultural pride to improve American Indian self-image;​

15.8 (3) the development of an understanding of and an adjustment to the cultural differences​

15.9 between American Indians and other ethnic groups;​

15.10 (4) the development of attitudes of mutual trust, respect, and understanding among​

15.11 American Indian family members;​

15.12 (5) the fostering of increased availability of medicine men and American Indian spiritual​

15.13 leaders to teach American Indian inmates about American Indian history, cultural sensitivity,​

15.14 and religion;​

15.15 (6) the involvement of American Indian inmates in those aspects of the correctional​

15.16 system that will aid in their rehabilitation; and​

15.17 (7) the provision of services to American Indian inmates that will facilitate their reentry​

15.18 into the community.​

15.19 Sec. 4. Minnesota Statutes 2018, section 242.192, is amended to read:​

15.20 242.192 CHARGES TO COUNTIES.​

15.21 The commissioner shall charge counties or other appropriate jurisdictions 65 percent of​

15.22 the per diem cost of confinement, excluding educational costs and nonbillable service, of​

15.23 juveniles at the Minnesota Correctional Facility-Red Wing and of juvenile females committed​

15.24 to the commissioner of corrections. This charge applies to juveniles committed to the​

15.25 commissioner of corrections and juveniles admitted to the Minnesota Correctional​

15.26 Facility-Red Wing under established admissions criteria. This charge applies to both counties​

15.27 that participate in the Community Corrections Act and those that do not. The commissioner​

15.28 shall determine the per diem cost of confinement based on projected population, pricing​

15.29 incentives, and market conditions, and the requirement that expense and revenue balance​

15.30 out over a period of two years. All money received under this section must be deposited in​

15.31 the state treasury and credited to the general fund.​

Article 3 Sec. 4.​ 15​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

16.1 Sec. 5. [243.552] UNMANNED AERIAL VEHICLE PROHIBITION.​

16.2 (a) A person is guilty of a misdemeanor who knowingly flies an unmanned aerial vehicle​

16.3 in the airspace over a state correctional facility or over the grounds belonging to or land​

16.4 controlled by the facility without the consent of the commissioner of corrections or designee.​

16.5 (b) A person is guilty of a gross misdemeanor who flies an unmanned aerial vehicle in​

16.6 the airspace over a state correctional facility or over the grounds belonging to or land​

16.7 controlled by the facility to:​

16.8 (1) record images, including but not limited to video and photographs, of the correctional​

16.9 facility or its grounds; or​

16.10 (2) introduce or attempt to introduce any items that are not contraband under section​

16.11 243.55.​

16.12 (c) For the purposes of this section, an "unmanned aerial vehicle" means an aircraft that​

16.13 is operated without the possibility of direct human intervention from within or on the aircraft.​

16.14 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

16.15 committed on or after that date.​

16.16 Sec. 6. Minnesota Statutes 2018, section 244.14, subdivision 1, is amended to read:​

16.17 Subdivision 1. Requirements. This section governs the intensive community supervision​

16.18 programs established under section 244.13. The commissioner shall operate the programs​

16.19 in conformance with this section. The commissioner shall administer the programs to further​

16.20 the following goals:​

16.21 (1) to punish the offender;​

16.22 (2) (1) to protect the safety of the public;​

16.23 (3) (2) to facilitate employment of the offender during the intensive community​

16.24 supervision and afterward; and​

16.25 (4) (3) to require the payment of restitution ordered by the court to compensate the​

16.26 victims of the offender's crime.​

16.27 Sec. 7. Minnesota Statutes 2018, section 299C.106, subdivision 3, is amended to read:​

16.28 Subd. 3. Submission and storage of unrestricted sexual assault examination kit​

16.29 kits. (a) Within 60 days of receiving an unrestricted sexual assault examination kit, a law​

16.30 enforcement agency shall submit the kit for testing to a forensic laboratory, unless the law​

Article 3 Sec. 7.​ 16​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

17.1 enforcement agency deems the result of the kit would not add evidentiary value to the case.​

17.2 If a kit is not submitted during this time, the agency shall make a record, in consultation​

17.3 with the county attorney, stating the reasons why the kit was not submitted. Restricted sexual​

17.4 assault examination kits shall not be submitted for testing. The testing laboratory shall return​

17.5 unrestricted sexual assault examination kits to the submitting agency for storage after testing​

17.6 is complete. The submitting agency must store unrestricted sexual assault examination kits​

17.7 indefinitely.​

17.8 (b) Within 60 days of a hospital preparing a restricted sexual assault examination kit or​

17.9 a law enforcement agency receiving a restricted sexual assault examination kit from a​

17.10 hospital, the hospital or the agency shall submit the kit to the Bureau of Criminal​

17.11 Apprehension. The bureau shall store all restricted sexual assault examination kits collected​

17.12 by law enforcement agencies in the state. The bureau shall retain a restricted sexual assault​

17.13 examination kit for at least 30 months from the date the bureau receives the kit.​

17.14 Sec. 8. Minnesota Statutes 2018, section 299C.106, is amended by adding a subdivision​

17.15 to read:​

17.16 Subd. 3a. Uniform consent form. The superintendent of the Bureau of Criminal​

17.17 Apprehension shall develop a uniform sexual assault examination kit consent form. The​

17.18 form must clearly explain the differences between designating a kit as unrestricted or​

17.19 restricted. In developing and designing the consent form, the superintendent must consult​

17.20 with hospital administrators, sexual assault nurse examiners, the Minnesota Coalition Against​

17.21 Sexual Assault, and other stakeholders. The uniform consent form shall be widely distributed​

17.22 to law enforcement agencies, medical providers, and other stakeholders. The superintendent​

17.23 must make the form available on the bureau's website.​

17.24 Sec. 9. Minnesota Statutes 2018, section 299C.106, is amended by adding a subdivision​

17.25 to read:​

17.26 Subd. 3b. Web database requirement. The commissioner, in consultation with the​

17.27 commissioner of administration, must maintain a website with a searchable database​

17.28 providing sexual assault victims with information on the status of their individual sexual​

17.29 assault examination kit. The superintendent must strictly control access to the database to​

17.30 protect the privacy of the victims' data.​

Article 3 Sec. 9.​ 17​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

18.1 Sec. 10. [626.8433] EYEWITNESS IDENTIFICATION POLICIES REQUIRED.​

18.2 Subdivision 1. Statewide model policy required. By November 1, 2020, the board, in​

18.3 consultation with stakeholders, shall develop a model policy that articulates best practices​

18.4 in eyewitness identification and promotes uniform practices statewide. The board shall​

18.5 distribute this model policy to all chief law enforcement officers. At a minimum, the policy​

18.6 must require that:​

18.7 (1) a person administering a live or photographic lineup be unaware of the suspect's​

18.8 identity, or if that is not practical, the administrator use a photographic lineup that prevents​

18.9 the administrator from seeing which member of the photographic lineup is being viewed​

18.10 by the eyewitness at a given time;​

18.11 (2) before the procedure, the eyewitness be instructed that the perpetrator may or may​

18.12 not be in the lineup;​

18.13 (3) nonsuspect "fillers" used in the lineup be substantially similar to the eyewitness'​

18.14 description of the perpetrator; and​

18.15 (4) immediately after an identification is made, the eyewitness provide a statement in​

18.16 the eyewitness' own words that articulates the level of the eyewitness' confidence in the​

18.17 identification.​

18.18 Subd. 2. Agency policies required. By February 1, 2021, the chief law enforcement​

18.19 officers of every state and local law enforcement agency shall adopt and implement a written​

18.20 policy on eyewitness identification practices that is identical to or substantially similar to​

18.21 the model policy developed under subdivision 1.​

18.22 Subd. 3. Admissibility of evidence not impacted. Nothing in this section is intended​

18.23 to preclude the admissibility of any relevant evidence or to affect the standards governing​

18.24 the admissibility of evidence under the United States or Minnesota Constitution.​

18.25 Sec. 11. ACCEPTANCE OF PRIVATE FUNDS; APPROPRIATION.​

18.26 The commissioner may accept donations, grants, bequests, and other gifts of money to​

18.27 carry out the purposes of chapter 299A. Donations, nonfederal grants, bequests, or other​

18.28 gifts of money accepted by the commissioner must be deposited in an account in the special​

18.29 revenue fund and are appropriated to the commissioner for the purpose for which it was​

18.30 given.​

Article 3 Sec. 11.​ 18​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

19.1 Sec. 12. TASK FORCE ON SENTENCING FOR AIDING AND ABETTING​

19.2 FELONY MURDER.​

19.3 Subdivision 1. Definitions. As used in this section, the following terms have the meanings​

19.4 given:​

19.5 (1) "aiding and abetting" means a person who is criminally liable for a crime committed​

19.6 by another because that person intentionally aided, advised, hired, counseled, or conspired​

19.7 with or otherwise procured the other to commit the crime; and​

19.8 (2) "felony murder" means a violation of Minnesota Statutes, section 609.185, paragraph​

19.9 (a), clause (2), (3), (5), (6), or (7); or 609.19, subdivision 2, clause (1).​

19.10 Subd. 2. Establishment. The task force on sentencing for aiding and abetting felony​

19.11 murder is established to collect and analyze data on the charging, convicting, and sentencing​

19.12 of people for aiding and abetting felony murder; assess whether current laws and practices​

19.13 promote public safety and equity in sentencing; and make recommendations to the legislature.​

19.14 Subd. 3. Membership. (a) The task force consists of the following members:​

19.15 (1) the commissioner of corrections or a designee;​

19.16 (2) the executive director of the Minnesota Sentencing Guidelines Commission or a​

19.17 designee;​

19.18 (3) the attorney general or a designee;​

19.19 (4) the state public defender or a designee;​

19.20 (5) the statewide coordinator of the Violent Crime Coordinating Council;​

19.21 (6) one defense attorney appointed by the Minnesota Association of Criminal Defense​

19.22 Lawyers;​

19.23 (7) one county attorney appointed by the Minnesota County Attorneys Association;​

19.24 (8) two members representing victims' rights organizations appointed by the Office of​

19.25 Justice Programs director in the Department of Public Safety;​

19.26 (9) two members of a criminal justice advocacy organization, one of which is a licensed​

19.27 attorney appointed by the commissioner of human rights; and​

19.28 (10) an impacted person who is directly related to a person who has been convicted of​

19.29 felony murder appointed by the governor.​

19.30 (b) Appointments must be made no later than July 30, 2020.​

Article 3 Sec. 12.​ 19​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

20.1 (c) Members shall serve without compensation.​

20.2 (d) Members of the task force serve at the pleasure of the appointing authority or until​

20.3 the task force expires. Vacancies shall be filled by the appointing authority consistent with​

20.4 the qualifications of the vacating member required by this subdivision.​

20.5 Subd. 4. Officers; meetings. (a) The task force shall elect a chair and vice-chair and​

20.6 may elect other officers as necessary.​

20.7 (b) The commissioner of corrections shall convene the first meeting of the task force no​

20.8 later than August 1, 2020, and shall provide meeting space and administrative assistance​

20.9 as necessary for the task force to conduct its work.​

20.10 (c) The task force shall meet at least monthly or upon the call of its chair. The task force​

20.11 shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings​

20.12 of the task force are subject to Minnesota Statutes, chapter 13D.​

20.13 (d) To compile and analyze data, the task force shall request the cooperation and​

20.14 assistance of local law enforcement agencies, the Minnesota Sentencing Guidelines​

20.15 Commission, the judicial branch, the Bureau of Criminal Apprehension, county attorneys,​

20.16 and tribal governments and may request the cooperation of academics and others with​

20.17 experience and expertise in researching the impact of laws criminalizing aiding and abetting​

20.18 felony murder.​

20.19 Subd. 5. Duties. (a) The task force shall, at a minimum:​

20.20 (1) collect and analyze data on charges, convictions, and sentences for aiding and abetting​

20.21 felony murder;​

20.22 (2) collect and analyze data on sentences for aiding and abetting felony murder in which​

20.23 a person received a mitigated durational departure because the person played a minor or​

20.24 passive role in the crime or participated under circumstances of coercion or duress;​

20.25 (3) collect and analyze data on charges, convictions, and sentences for codefendants of​

20.26 people sentenced for aiding and abetting felony murder;​

20.27 (4) review relevant state statutes and state and federal court decisions;​

20.28 (5) receive input from individuals who were convicted of aiding and abetting felony​

20.29 murder;​

20.30 (6) receive input from family members of individuals who were victims of felony murder;​

Article 3 Sec. 12.​ 20​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

21.1 (7) analyze the benefits and unintended consequences of Minnesota Statutes and practices​

21.2 related to the charging, convicting, and sentencing of people for aiding and abetting felony​

21.3 murder including but not limited to an analysis of whether current statutes and practice:​

21.4 (i) promote public safety; and​

21.5 (ii) properly punish people for their role in an offense; and​

21.6 (8) make recommendations for legislative action, if any, on laws affecting:​

21.7 (i) the collection and reporting of data; and​

21.8 (ii) the charging, convicting, and sentencing of people for aiding and abetting felony​

21.9 murder.​

21.10 (b) At its discretion, the task force may examine, as necessary, other related issues​

21.11 consistent with this section.​

21.12 Subd. 6. Report. On or before January 15, 2021, the task force shall submit a report to​

21.13 the chairs and ranking minority members of the house of representatives and senate​

21.14 committees and divisions with jurisdiction over criminal sentencing on the findings and​

21.15 recommendations of the task force.​

21.16 Subd. 7. Expiration. The task force expires the day after submitting its report under​

21.17 subdivision 6.​

21.18 Sec. 13. REPEALER.​

21.19 Minnesota Statutes 2018, sections 383A.404; and 401.13, are repealed.​

21.20 ARTICLE 4​

21.21 CONTROLLED SUBSTANCES​

21.22 Section 1. Minnesota Statutes 2018, section 152.02, subdivision 2, is amended to read:​

21.23 Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this subdivision.​

21.24 (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the​

21.25 following substances, including their analogs, isomers, esters, ethers, salts, and salts of​

21.26 isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers,​

21.27 and salts is possible:​

21.28 (1) acetylmethadol;​

21.29 (2) allylprodine;​

Article 4 Section 1.​ 21​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

22.1 (3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl​

22.2 acetate);​

22.3 (4) alphameprodine;​

22.4 (5) alphamethadol;​

22.5 (6) alpha-methylfentanyl benzethidine;​

22.6 (7) betacetylmethadol;​

22.7 (8) betameprodine;​

22.8 (9) betamethadol;​

22.9 (10) betaprodine;​

22.10 (11) clonitazene;​

22.11 (12) dextromoramide;​

22.12 (13) diampromide;​

22.13 (14) diethyliambutene;​

22.14 (15) difenoxin;​

22.15 (16) dimenoxadol;​

22.16 (17) dimepheptanol;​

22.17 (18) dimethyliambutene;​

22.18 (19) dioxaphetyl butyrate;​

22.19 (20) dipipanone;​

22.20 (21) ethylmethylthiambutene;​

22.21 (22) etonitazene;​

22.22 (23) etoxeridine;​

22.23 (24) furethidine;​

22.24 (25) hydroxypethidine;​

22.25 (26) ketobemidone;​

22.26 (27) levomoramide;​

22.27 (28) levophenacylmorphan;​

Article 4 Section 1.​ 22​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

23.1 (29) 3-methylfentanyl;​

23.2 (30) acetyl-alpha-methylfentanyl;​

23.3 (31) alpha-methylthiofentanyl;​

23.4 (32) benzylfentanyl beta-hydroxyfentanyl;​

23.5 (33) beta-hydroxy-3-methylfentanyl;​

23.6 (34) 3-methylthiofentanyl;​

23.7 (35) thenylfentanyl;​

23.8 (36) thiofentanyl;​

23.9 (37) para-fluorofentanyl;​

23.10 (38) morpheridine;​

23.11 (39) 1-methyl-4-phenyl-4-propionoxypiperidine;​

23.12 (40) noracymethadol;​

23.13 (41) norlevorphanol;​

23.14 (42) normethadone;​

23.15 (43) norpipanone;​

23.16 (44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);​

23.17 (45) phenadoxone;​

23.18 (46) phenampromide;​

23.19 (47) phenomorphan;​

23.20 (48) phenoperidine;​

23.21 (49) piritramide;​

23.22 (50) proheptazine;​

23.23 (51) properidine;​

23.24 (52) propiram;​

23.25 (53) racemoramide;​

23.26 (54) tilidine;​

23.27 (55) trimeperidine;​

Article 4 Section 1.​ 23​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

24.1 (56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl);​

24.2 (57) 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-​

24.3 methylbenzamide(U47700);​

24.4 (58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl);​

24.5 and​

24.6 (59) 4-(4-bromophenyl)-4-dimethylamino-1-phenethylcyclohexanol (bromadol).;​

24.7 (60) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Cyclopropryl​

24.8 fentanyl);​

24.9 (61) N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) (butyryl fentanyl);​

24.10 (62) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) (MT-45);​

24.11 (63) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl​

24.12 fentanyl);​

24.13 (64) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl);​

24.14 (65) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl);​

24.15 (66) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide​

24.16 (para-chloroisobutyryl fentanyl);​

24.17 (67) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-fluorobutyryl​

24.18 fentanyl);​

24.19 (68) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide​

24.20 (para-methoxybutyryl fentanyl);​

24.21 (69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil);​

24.22 (70) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (4-fluoroisobutyryl​

24.23 fentanyl or para-fluoroisobutyryl fentanyl);​

24.24 (71) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl or​

24.25 acryloylfentanyl);​

24.26 (72) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl​

24.27 fentanyl);​

24.28 (73) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-fluorofentanyl​

24.29 or 2-fluorofentanyl);​

Article 4 Section 1.​ 24​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

25.1 (74) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide​

25.2 (tetrahydrofuranyl fentanyl); and​

25.3 (75) Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers,​

25.4 esters and ethers, meaning any substance not otherwise listed under another federal​

25.5 Administration Controlled Substance Code Number or not otherwise listed in this section,​

25.6 and for which no exemption or approval is in effect under section 505 of the Federal Food,​

25.7 Drug, and Cosmetic Act, United States Code , title 21, section 355, that is structurally related​

25.8 to fentanyl by one or more of the following modifications:​

25.9 (i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether​

25.10 or not further substituted in or on the monocycle;​

25.11 (ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo,​

25.12 haloalkyl, amino, or nitro groups;​

25.13 (iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether,​

25.14 hydroxyl, halo, haloalkyl, amino, or nitro groups;​

25.15 (iv) replacement of the aniline ring with any aromatic monocycle whether or not further​

25.16 substituted in or on the aromatic monocycle; or​

25.17 (v) replacement of the N-propionyl group by another acyl group.​

25.18 (c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,​

25.19 and salts of isomers, unless specifically excepted or unless listed in another schedule,​

25.20 whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:​

25.21 (1) acetorphine;​

25.22 (2) acetyldihydrocodeine;​

25.23 (3) benzylmorphine;​

25.24 (4) codeine methylbromide;​

25.25 (5) codeine-n-oxide;​

25.26 (6) cyprenorphine;​

25.27 (7) desomorphine;​

25.28 (8) dihydromorphine;​

25.29 (9) drotebanol;​

25.30 (10) etorphine;​

Article 4 Section 1.​ 25​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

26.1 (11) heroin;​

26.2 (12) hydromorphinol;​

26.3 (13) methyldesorphine;​

26.4 (14) methyldihydromorphine;​

26.5 (15) morphine methylbromide;​

26.6 (16) morphine methylsulfonate;​

26.7 (17) morphine-n-oxide;​

26.8 (18) myrophine;​

26.9 (19) nicocodeine;​

26.10 (20) nicomorphine;​

26.11 (21) normorphine;​

26.12 (22) pholcodine; and​

26.13 (23) thebacon.​

26.14 (d) Hallucinogens. Any material, compound, mixture or preparation which contains any​

26.15 quantity of the following substances, their analogs, salts, isomers (whether optical, positional,​

26.16 or geometric), and salts of isomers, unless specifically excepted or unless listed in another​

26.17 schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is​

26.18 possible:​

26.19 (1) methylenedioxy amphetamine;​

26.20 (2) methylenedioxymethamphetamine;​

26.21 (3) methylenedioxy-N-ethylamphetamine (MDEA);​

26.22 (4) n-hydroxy-methylenedioxyamphetamine;​

26.23 (5) 4-bromo-2,5-dimethoxyamphetamine (DOB);​

26.24 (6) 2,5-dimethoxyamphetamine (2,5-DMA);​

26.25 (7) 4-methoxyamphetamine;​

26.26 (8) 5-methoxy-3, 4-methylenedioxyamphetamine;​

26.27 (9) alpha-ethyltryptamine;​

26.28 (10) bufotenine;​

Article 4 Section 1.​ 26​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

27.1 (11) diethyltryptamine;​

27.2 (12) dimethyltryptamine;​

27.3 (13) 3,4,5-trimethoxyamphetamine;​

27.4 (14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);​

27.5 (15) ibogaine;​

27.6 (16) lysergic acid diethylamide (LSD);​

27.7 (17) mescaline;​

27.8 (18) parahexyl;​

27.9 (19) N-ethyl-3-piperidyl benzilate;​

27.10 (20) N-methyl-3-piperidyl benzilate;​

27.11 (21) psilocybin;​

27.12 (22) psilocyn;​

27.13 (23) tenocyclidine (TPCP or TCP);​

27.14 (24) N-ethyl-1-phenyl-cyclohexylamine (PCE);​

27.15 (25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);​

27.16 (26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);​

27.17 (27) 4-chloro-2,5-dimethoxyamphetamine (DOC);​

27.18 (28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);​

27.19 (29) 4-iodo-2,5-dimethoxyamphetamine (DOI);​

27.20 (30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);​

27.21 (31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);​

27.22 (32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);​

27.23 (33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);​

27.24 (34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);​

27.25 (35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);​

27.26 (36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);​

27.27 (37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);​

Article 4 Section 1.​ 27​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

28.1 (38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine​

28.2 (2-CB-FLY);​

28.3 (39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);​

28.4 (40) alpha-methyltryptamine (AMT);​

28.5 (41) N,N-diisopropyltryptamine (DiPT);​

28.6 (42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);​

28.7 (43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);​

28.8 (44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);​

28.9 (45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);​

28.10 (46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);​

28.11 (47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);​

28.12 (48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);​

28.13 (49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);​

28.14 (50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);​

28.15 (51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);​

28.16 (52) 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);​

28.17 (53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);​

28.18 (54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);​

28.19 (55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);​

28.20 (56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);​

28.21 (57) methoxetamine (MXE);​

28.22 (58) 5-iodo-2-aminoindane (5-IAI);​

28.23 (59) 5,6-methylenedioxy-2-aminoindane (MDAI);​

28.24 (60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);​

28.25 (61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);​

28.26 (62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);​

28.27 (63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);​

Article 4 Section 1.​ 28​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

29.1 (64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);​

29.2 (65) N,N-Dipropyltryptamine (DPT);​

29.3 (66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);​

29.4 (67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);​

29.5 (68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);​

29.6 (69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);​

29.7 (70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine,​

29.8 ethketamine, NENK);​

29.9 (71) methylenedioxy-N,N-dimethylamphetamine (MDDMA);​

29.10 (72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and​

29.11 (73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine).​

29.12 (e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii​

29.13 Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant,​

29.14 and every compound, manufacture, salts, derivative, mixture, or preparation of the plant,​

29.15 its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not​

29.16 apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian​

29.17 Church, and members of the American Indian Church are exempt from registration. Any​

29.18 person who manufactures peyote for or distributes peyote to the American Indian Church,​

29.19 however, is required to obtain federal registration annually and to comply with all other​

29.20 requirements of law.​

29.21 (f) Central nervous system depressants. Unless specifically excepted or unless listed in​

29.22 another schedule, any material compound, mixture, or preparation which contains any​

29.23 quantity of the following substances, their analogs, salts, isomers, and salts of isomers​

29.24 whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:​

29.25 (1) mecloqualone;​

29.26 (2) methaqualone;​

29.27 (3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;​

29.28 (4) flunitrazepam; and​

29.29 (5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine,​

29.30 methoxyketamine).;​

Article 4 Section 1.​ 29​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

30.1 (6) tianeptine;​

30.2 (7) clonazolam;​

30.3 (8) etizolam;​

30.4 (9) flubromazolam; and​

30.5 (10) flubromazepam.​

30.6 (g) Stimulants. Unless specifically excepted or unless listed in another schedule, any​

30.7 material compound, mixture, or preparation which contains any quantity of the following​

30.8 substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the​

30.9 analogs, salts, isomers, and salts of isomers is possible:​

30.10 (1) aminorex;​

30.11 (2) cathinone;​

30.12 (3) fenethylline;​

30.13 (4) methcathinone;​

30.14 (5) methylaminorex;​

30.15 (6) N,N-dimethylamphetamine;​

30.16 (7) N-benzylpiperazine (BZP);​

30.17 (8) methylmethcathinone (mephedrone);​

30.18 (9) 3,4-methylenedioxy-N-methylcathinone (methylone);​

30.19 (10) methoxymethcathinone (methedrone);​

30.20 (11) methylenedioxypyrovalerone (MDPV);​

30.21 (12) 3-fluoro-N-methylcathinone (3-FMC);​

30.22 (13) methylethcathinone (MEC);​

30.23 (14) 1-benzofuran-6-ylpropan-2-amine (6-APB);​

30.24 (15) dimethylmethcathinone (DMMC);​

30.25 (16) fluoroamphetamine;​

30.26 (17) fluoromethamphetamine;​

30.27 (18) α-methylaminobutyrophenone (MABP or buphedrone);​

30.28 (19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);​

Article 4 Section 1.​ 30​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

31.1 (20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);​

31.2 (21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or​

31.3 naphyrone);​

31.4 (22) (alpha-pyrrolidinopentiophenone (alpha-PVP);​

31.5 (23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);​

31.6 (24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);​

31.7 (25) 4-methyl-N-ethylcathinone (4-MEC);​

31.8 (26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);​

31.9 (27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);​

31.10 (28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);​

31.11 (29) 4-fluoro-N-methylcathinone (4-FMC);​

31.12 (30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);​

31.13 (31) alpha-pyrrolidinobutiophenone (α-PBP);​

31.14 (32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);​

31.15 (33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);​

31.16 (34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB);​

31.17 (35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);​

31.18 (36) 4'-chloro-alpha-pyrrolidinopropiophenone (4'-chloro-PPP);​

31.19 (37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB);​

31.20 (38) 1-(3-chlorophenyl) piperazine (meta-chlorophenylpiperazine or mCPP); and​

31.21 (39) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (N-ethylpentylone, ephylone);​

31.22 and​

31.23 (40) any other substance, except bupropion or compounds listed under a different​

31.24 schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the​

31.25 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the​

31.26 compound is further modified in any of the following ways:​

31.27 (i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,​

31.28 haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring​

31.29 system by one or more other univalent substituents;​

Article 4 Section 1.​ 31​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

32.1 (ii) by substitution at the 3-position with an acyclic alkyl substituent;​

32.2 (iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or​

32.3 methoxybenzyl groups; or​

32.4 (iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.​

32.5 (h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically​

32.6 excepted or unless listed in another schedule, any natural or synthetic material, compound,​

32.7 mixture, or preparation that contains any quantity of the following substances, their analogs,​

32.8 isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence​

32.9 of the isomers, esters, ethers, or salts is possible:​

32.10 (1) marijuana;​

32.11 (2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic​

32.12 equivalents of the substances contained in the cannabis plant or in the resinous extractives​

32.13 of the plant, or synthetic substances with similar chemical structure and pharmacological​

32.14 activity to those substances contained in the plant or resinous extract, including, but not​

32.15 limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4​

32.16 cis or trans tetrahydrocannabinol;​

32.17 (3) synthetic cannabinoids, including the following substances:​

32.18 (i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole​

32.19 structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,​

32.20 alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or​

32.21 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any​

32.22 extent and whether or not substituted in the naphthyl ring to any extent. Examples of​

32.23 naphthoylindoles include, but are not limited to:​

32.24 (A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);​

32.25 (B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);​

32.26 (C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);​

32.27 (D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);​

32.28 (E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);​

32.29 (F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);​

32.30 (G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);​

32.31 (H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);​

Article 4 Section 1.​ 32​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

33.1 (I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);​

33.2 (J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).​

33.3 (ii) Napthylmethylindoles, which are any compounds containing a​

33.4 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the​

33.5 indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,​

33.6 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further​

33.7 substituted in the indole ring to any extent and whether or not substituted in the naphthyl​

33.8 ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:​

33.9 (A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);​

33.10 (B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).​

33.11 (iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole​

33.12 structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,​

33.13 alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or​

33.14 2-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any​

33.15 extent, whether or not substituted in the naphthyl ring to any extent. Examples of​

33.16 naphthoylpyrroles include, but are not limited to,​

33.17 (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).​

33.18 (iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene​

33.19 structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl,​

33.20 cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or​

33.21 2-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any​

33.22 extent, whether or not substituted in the naphthyl ring to any extent. Examples of​

33.23 naphthylemethylindenes include, but are not limited to,​

33.24 E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).​

33.25 (v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole​

33.26 structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,​

33.27 alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or​

33.28 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any​

33.29 extent, whether or not substituted in the phenyl ring to any extent. Examples of​

33.30 phenylacetylindoles include, but are not limited to:​

33.31 (A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);​

33.32 (B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);​

33.33 (C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);​

Article 4 Section 1.​ 33​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

34.1 (D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).​

34.2 (vi) Cyclohexylphenols, which are compounds containing a​

34.3 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic​

34.4 ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,​

34.5 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted​

34.6 in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not​

34.7 limited to:​

34.8 (A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);​

34.9 (B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol​

34.10 (Cannabicyclohexanol or CP 47,497 C8 homologue);​

34.11 (C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]​

34.12 -phenol (CP 55,940).​

34.13 (vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure​

34.14 with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,​

34.15 cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or​

34.16 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any​

34.17 extent and whether or not substituted in the phenyl ring to any extent. Examples of​

34.18 benzoylindoles include, but are not limited to:​

34.19 (A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);​

34.20 (B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);​

34.21 (C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN​

34.22 48,098 or Pravadoline).​

34.23 (viii) Others specifically named:​

34.24 (A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)​

34.25 -6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);​

34.26 (B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)​

34.27 -6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);​

34.28 (C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]​

34.29 -1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);​

34.30 (D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);​

Article 4 Section 1.​ 34​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

35.1 (E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone​

35.2 (XLR-11);​

35.3 (F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide​

35.4 (AKB-48(APINACA));​

35.5 (G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide​

35.6 (5-Fluoro-AKB-48);​

35.7 (H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);​

35.8 (I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);​

35.9 (J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide​

35.10 (AB-PINACA);​

35.11 (K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-​

35.12 1H-indazole-3-carboxamide (AB-FUBINACA);​

35.13 (L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-​

35.14 indazole-3-carboxamide(AB-CHMINACA);​

35.15 (M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate​

35.16 (5-fluoro-AMB);​

35.17 (N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);​

35.18 (O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone)​

35.19 (FUBIMINA);​

35.20 (P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo​

35.21 [2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);​

35.22 (Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)​

35.23 -1H-indole-3-carboxamide (5-fluoro-ABICA);​

35.24 (R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)​

35.25 -1H-indole-3-carboxamide;​

35.26 (S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)​

35.27 -1H-indazole-3-carboxamide;​

35.28 (T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-dimethylbutanoate;​

35.29 (U) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1​

35.30 H-indazole-3-carboxamide (MAB-CHMINACA);​

Article 4 Section 1.​ 35​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

36.1 (V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide​

36.2 (ADB-PINACA);​

36.3 (W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);​

36.4 (X) N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-​

36.5 3-carboxamide. (APP-CHMINACA);​

36.6 (Y) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and​

36.7 (Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA).​

36.8 (ix) Additional substances specifically named:​

36.9 (A) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1​

36.10 H-pyrrolo[2,3-B]pyridine-3-carboxamide (5F-CUMYL-P7AICA);​

36.11 (B) 1-(4-cyanobutyl)-N-(2- phenylpropan-2-yl)-1 H-indazole-3-carboxamide​

36.12 (4-CN-Cumyl-Butinaca);​

36.13 (C) naphthalen-1-yl-1-(5-fluoropentyl)-1-H-indole-3-carboxylate (NM2201; CBL2201);​

36.14 (D) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1​

36.15 H-indazole-3-carboxamide (5F-ABPINACA);​

36.16 (E) methyl-2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate​

36.17 (MDMB CHMICA);​

36.18 (F) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate​

36.19 (5F-ADB; 5F-MDMB-PINACA); and​

36.20 (G) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)​

36.21 1H-indazole-3-carboxamide (ADB-FUBINACA).​

36.22 (i) A controlled substance analog, to the extent that it is implicitly or explicitly intended​

36.23 for human consumption.​

36.24 Sec. 2. Minnesota Statutes 2018, section 152.02, subdivision 3, is amended to read:​

36.25 Subd. 3. Schedule II. (a) Schedule II consists of the substances listed in this subdivision.​

36.26 (b) Unless specifically excepted or unless listed in another schedule, any of the following​

36.27 substances whether produced directly or indirectly by extraction from substances of vegetable​

36.28 origin or independently by means of chemical synthesis, or by a combination of extraction​

36.29 and chemical synthesis:​

Article 4 Sec. 2.​ 36​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

37.1 (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or​

37.2 opiate.​

37.3 (i) Excluding:​

37.4 (A) apomorphine;​

37.5 (B) thebaine-derived butorphanol;​

37.6 (C) dextrophan;​

37.7 (D) nalbuphine;​

37.8 (E) nalmefene;​

37.9 (F) naloxegol;​

37.10 (G) naloxone;​

37.11 (H) naltrexone; and​

37.12 (I) their respective salts;​

37.13 (ii) but including the following:​

37.14 (A) opium, in all forms and extracts;​

37.15 (B) codeine;​

37.16 (C) dihydroetorphine;​

37.17 (D) ethylmorphine;​

37.18 (E) etorphine hydrochloride;​

37.19 (F) hydrocodone;​

37.20 (G) hydromorphone;​

37.21 (H) metopon;​

37.22 (I) morphine;​

37.23 (J) oxycodone;​

37.24 (K) oxymorphone;​

37.25 (L) thebaine;​

37.26 (M) oripavine;​

Article 4 Sec. 2.​ 37​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

38.1 (2) any salt, compound, derivative, or preparation thereof which is chemically equivalent​

38.2 or identical with any of the substances referred to in clause (1), except that these substances​

38.3 shall not include the isoquinoline alkaloids of opium;​

38.4 (3) opium poppy and poppy straw;​

38.5 (4) coca leaves and any salt, cocaine compound, derivative, or preparation of coca leaves​

38.6 (including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers​

38.7 and derivatives), and any salt, compound, derivative, or preparation thereof which is​

38.8 chemically equivalent or identical with any of these substances, except that the substances​

38.9 shall not include decocainized coca leaves or extraction of coca leaves, which extractions​

38.10 do not contain cocaine or ecgonine;​

38.11 (5) concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid,​

38.12 or powder form which contains the phenanthrene alkaloids of the opium poppy).​

38.13 (c) Any of the following opiates, including their isomers, esters, ethers, salts, and salts​

38.14 of isomers, esters and ethers, unless specifically excepted, or unless listed in another schedule,​

38.15 whenever the existence of such isomers, esters, ethers and salts is possible within the specific​

38.16 chemical designation:​

38.17 (1) alfentanil;​

38.18 (2) alphaprodine;​

38.19 (3) anileridine;​

38.20 (4) bezitramide;​

38.21 (5) bulk dextropropoxyphene (nondosage forms);​

38.22 (6) carfentanil;​

38.23 (7) dihydrocodeine;​

38.24 (8) dihydromorphinone;​

38.25 (9) diphenoxylate;​

38.26 (10) fentanyl;​

38.27 (11) isomethadone;​

38.28 (12) levo-alpha-acetylmethadol (LAAM);​

38.29 (13) levomethorphan;​

38.30 (14) levorphanol;​

Article 4 Sec. 2.​ 38​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

39.1 (15) metazocine;​

39.2 (16) methadone;​

39.3 (17) methadone - intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;​

39.4 (18) moramide - intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic​

39.5 acid;​

39.6 (19) pethidine;​

39.7 (20) pethidine - intermediate - a, 4-cyano-1-methyl-4-phenylpiperidine;​

39.8 (21) pethidine - intermediate - b, ethyl-4-phenylpiperidine-4-carboxylate;​

39.9 (22) pethidine - intermediate - c, 1-methyl-4-phenylpiperidine-4-carboxylic acid;​

39.10 (23) phenazocine;​

39.11 (24) piminodine;​

39.12 (25) racemethorphan;​

39.13 (26) racemorphan;​

39.14 (27) remifentanil;​

39.15 (28) sufentanil;​

39.16 (29) tapentadol;​

39.17 (30) 4-Anilino-N-phenethyl-4-piperidine (ANPP).​

39.18 (d) Unless specifically excepted or unless listed in another schedule, any material,​

39.19 compound, mixture, or preparation which contains any quantity of the following substances​

39.20 having a stimulant effect on the central nervous system:​

39.21 (1) amphetamine, its salts, optical isomers, and salts of its optical isomers;​

39.22 (2) methamphetamine, its salts, isomers, and salts of its isomers;​

39.23 (3) phenmetrazine and its salts;​

39.24 (4) methylphenidate;​

39.25 (5) lisdexamfetamine.​

39.26 (e) Unless specifically excepted or unless listed in another schedule, any material,​

39.27 compound, mixture, or preparation which contains any quantity of the following substances​

39.28 having a depressant effect on the central nervous system, including its salts, isomers, and​

Article 4 Sec. 2.​ 39​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

40.1 salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible​

40.2 within the specific chemical designation:​

40.3 (1) amobarbital;​

40.4 (2) glutethimide;​

40.5 (3) secobarbital;​

40.6 (4) pentobarbital;​

40.7 (5) phencyclidine;​

40.8 (6) phencyclidine immediate precursors:​

40.9 (i) 1-phenylcyclohexylamine;​

40.10 (ii) 1-piperidinocyclohexanecarbonitrile;​

40.11 (7) phenylacetone.​

40.12 (f) Hallucinogenic substances Cannabinoids:​

40.13 (1) nabilone.;​

40.14 (2) dronabinol [(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC)] in an oral solution​

40.15 in a drug product approved for marketing by the United States Food and Drug Administration.​

40.16 Sec. 3. Minnesota Statutes 2018, section 152.02, subdivision 6, is amended to read:​

40.17 Subd. 6. Schedule V; restrictions on methamphetamine precursor drugs. (a) As used​

40.18 in this subdivision, the following terms have the meanings given:​

40.19 (1) "methamphetamine precursor drug" means any compound, mixture, or preparation​

40.20 intended for human consumption containing ephedrine or pseudoephedrine as its sole active​

40.21 ingredient or as one of its active ingredients; and​

40.22 (2) "over-the-counter sale" means a retail sale of a drug or product but does not include​

40.23 the sale of a drug or product pursuant to the terms of a valid prescription.​

40.24 (b) The following items are listed in Schedule V:​

40.25 (1) any compound, mixture, or preparation containing any of the following limited​

40.26 quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal​

40.27 ingredients in sufficient proportion to confer upon the compound, mixture or preparation​

40.28 valuable medicinal qualities other than those possessed by the narcotic drug alone:​

40.29 (i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;​

Article 4 Sec. 3.​ 40​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

41.1 (ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;​

41.2 (iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of​

41.3 atropine sulfate per dosage unit;​

41.4 (iv) not more than 100 milligrams of opium per 100 milliliters or per 100 grams; or​

41.5 (v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine​

41.6 sulfate per dosage unit.​

41.7 (2) Stimulants. Unless specifically exempted or excluded or unless listed in another​

41.8 schedule, any material, compound, mixture, or preparation that contains any quantity of the​

41.9 following substance having a stimulant effect on the central nervous system, including its​

41.10 salts, isomers, and salts of isomers: pyrovalerone.​

41.11 (3) Depressants. Unless specifically exempted or excluded or unless listed in another​

41.12 schedule, any material, compound, mixture, or preparation that contains any quantity of the​

41.13 following substance having a depressant effect on the central nervous system, including its​

41.14 salts, isomers, and salts of isomers:​

41.15 (i) ezogabine;​

41.16 (ii) pregabalin;​

41.17 (iii) lacosamide.; and​

41.18 (iv) gabapentin.​

41.19 (4) Any compound, mixture, or preparation containing ephedrine or pseudoephedrine​

41.20 as its sole active ingredient or as one of its active ingredients.​

41.21 (5) A drug product in finished dosage formulation that has been approved by the United​

41.22 States Food and Drug Administration that contains cannabidiol​

41.23 (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-l,3-benzenediol) derived​

41.24 from cannabis and no more than 0.1 percent (w/w) residual tetrahydrocannabinols.​

41.25 (c) No person may sell in a single over-the-counter sale more than two packages of a​

41.26 methamphetamine precursor drug or a combination of methamphetamine precursor drugs​

41.27 or any combination of packages exceeding a total weight of six grams, calculated as the​

41.28 base.​

41.29 (d) Over-the-counter sales of methamphetamine precursor drugs are limited to:​

Article 4 Sec. 3.​ 41​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

42.1 (1) packages containing not more than a total of three grams of one or more​

42.2 methamphetamine precursor drugs, calculated in terms of ephedrine base or pseudoephedrine​

42.3 base; or​

42.4 (2) for nonliquid products, sales in blister packs, where each blister contains not more​

42.5 than two dosage units, or, if the use of blister packs is not technically feasible, sales in unit​

42.6 dose packets or pouches.​

42.7 (e) A business establishment that offers for sale methamphetamine precursor drugs in​

42.8 an over-the-counter sale shall ensure that all packages of the drugs are displayed behind a​

42.9 checkout counter where the public is not permitted and are offered for sale only by a licensed​

42.10 pharmacist, a registered pharmacy technician, or a pharmacy clerk. The establishment shall​

42.11 ensure that the person making the sale requires the buyer:​

42.12 (1) to provide photographic identification showing the buyer's date of birth; and​

42.13 (2) to sign a written or electronic document detailing the date of the sale, the name of​

42.14 the buyer, and the amount of the drug sold.​

42.15 A document described under clause (2) must be retained by the establishment for at least​

42.16 three years and must at all reasonable times be open to the inspection of any law enforcement​

42.17 agency.​

42.18 Nothing in this paragraph requires the buyer to obtain a prescription for the drug's​

42.19 purchase.​

42.20 (f) No person may acquire through over-the-counter sales more than six grams of​

42.21 methamphetamine precursor drugs, calculated as the base, within a 30-day period.​

42.22 (g) No person may sell in an over-the-counter sale a methamphetamine precursor drug​

42.23 to a person under the age of 18 years. It is an affirmative defense to a charge under this​

42.24 paragraph if the defendant proves by a preponderance of the evidence that the defendant​

42.25 reasonably and in good faith relied on proof of age as described in section 340A.503,​

42.26 subdivision 6.​

42.27 (h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of a​

42.28 misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to​

42.29 payment of a fine of not more than $1,000, or both.​

42.30 (i) An owner, operator, supervisor, or manager of a business establishment that offers​

42.31 for sale methamphetamine precursor drugs whose employee or agent is convicted of or​

42.32 charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal penalties​

42.33 for violating any of those paragraphs if the person:​

Article 4 Sec. 3.​ 42​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

43.1 (1) did not have prior knowledge of, participate in, or direct the employee or agent to​

43.2 commit the violation; and​

43.3 (2) documents that an employee training program was in place to provide the employee​

43.4 or agent with information on the state and federal laws and regulations regarding​

43.5 methamphetamine precursor drugs.​

43.6 (j) Any person employed by a business establishment that offers for sale​

43.7 methamphetamine precursor drugs who sells such a drug to any person in a suspicious​

43.8 transaction shall report the transaction to the owner, supervisor, or manager of the​

43.9 establishment. The owner, supervisor, or manager may report the transaction to local law​

43.10 enforcement. A person who reports information under this subdivision in good faith is​

43.11 immune from civil liability relating to the report.​

43.12 (k) Paragraphs (b) to (j) do not apply to:​

43.13 (1) pediatric products labeled pursuant to federal regulation primarily intended for​

43.14 administration to children under 12 years of age according to label instructions;​

43.15 (2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as​

43.16 being manufactured in a manner that prevents the drug from being used to manufacture​

43.17 methamphetamine;​

43.18 (3) methamphetamine precursor drugs in gel capsule or liquid form; or​

43.19 (4) compounds, mixtures, or preparations in powder form where pseudoephedrine​

43.20 constitutes less than one percent of its total weight and is not its sole active ingredient.​

43.21 (l) The Board of Pharmacy, in consultation with the Department of Public Safety, shall​

43.22 certify methamphetamine precursor drugs that meet the requirements of paragraph (k),​

43.23 clause (2), and publish an annual listing of these drugs.​

43.24 (m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy​

43.25 pursuant to sections 151.42 to 151.51 and registered with and regulated by the United States​

43.26 Drug Enforcement Administration are exempt from the methamphetamine precursor drug​

43.27 storage requirements of this section.​

43.28 (n) This section preempts all local ordinances or regulations governing the sale by a​

43.29 business establishment of over-the-counter products containing ephedrine or​

43.30 pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.​

Article 4 Sec. 3.​ 43​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

44.1 Sec. 4. Minnesota Statutes 2018, section 152.025, subdivision 1, is amended to read:​

44.2 Subdivision 1. Sale crimes. A person is guilty of a controlled substance crime in the​

44.3 fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:​

44.4 (1) the person unlawfully sells one or more mixtures containing marijuana or​

44.5 tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or​

44.6 (2) the person unlawfully sells one or more mixtures containing a controlled substance​

44.7 classified in Schedule IV.​

44.8 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

44.9 committed on or after that date.​

44.10 Sec. 5. Minnesota Statutes 2018, section 152.025, subdivision 2, is amended to read:​

44.11 Subd. 2. Possession and other crimes. A person is guilty of controlled substance crime​

44.12 in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:​

44.13 (1) the person unlawfully possesses one or more mixtures containing a controlled​

44.14 substance classified in Schedule I, II, III, or IV, except a small amount the nonresinous form​

44.15 of marijuana; or​

44.16 (2) the person procures, attempts to procure, possesses, or has control over a controlled​

44.17 substance by any of the following means:​

44.18 (i) fraud, deceit, misrepresentation, or subterfuge;​

44.19 (ii) using a false name or giving false credit; or​

44.20 (iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer,​

44.21 wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice​

44.22 medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of​

44.23 obtaining a controlled substance.; or​

44.24 (3) the person unlawfully possesses a total weight of more than 250 grams of the​

44.25 nonresinous form of marijuana.​

44.26 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

44.27 committed on or after that date.​

44.28 Sec. 6. Minnesota Statutes 2018, section 152.025, subdivision 4, is amended to read:​

44.29 Subd. 4. Penalty. (a) A person convicted under the provisions of subdivision 2, clause​

44.30 (1), who has not been previously convicted of a violation of this chapter or a similar offense​

Article 4 Sec. 6.​ 44​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

45.1 in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled​

45.2 substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if​

45.3 the controlled substance was possessed in dosage units; or (2) the controlled substance​

45.4 possessed is heroin and the amount possessed is less than 0.05 grams.​

45.5 (b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1),​

45.6 unless the conduct is described in paragraph (a); or subdivision 2, clause (2) or (3), may be​

45.7 sentenced to imprisonment for not more than five years or to payment of a fine of not more​

45.8 than $10,000, or both.​

45.9 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

45.10 committed on or after that date.​

45.11 Sec. 7. [152.0251] NONFELONY CONTROLLED SUBSTANCE OFFENSES;​

45.12 MARIJUANA.​

45.13 Subdivision 1. Sale crimes. Except as provided in subdivision 5, a person is guilty of a​

45.14 crime if on one or more occasions within a 90-day period the person unlawfully sells:​

45.15 (1) a total weight of more than ten grams but not more than 42.5 grams of the nonresinous​

45.16 form of marijuana; or​

45.17 (2) a total weight of ten grams or less of the nonresinous form of marijuana, except a​

45.18 small amount of marijuana for no remuneration.​

45.19 Subd. 2. Possession crimes. A person is guilty of a crime if the person unlawfully​

45.20 possesses:​

45.21 (1) a total weight of more than 100 grams but not more than 250 grams of the nonresinous​

45.22 form of marijuana; or​

45.23 (2) a total weight of more than 42.5 grams but not more than 100 grams of the nonresinous​

45.24 form of marijuana.​

45.25 Subd. 3. Penalty. (a) A person is guilty of a gross misdemeanor if convicted under​

45.26 subdivision 1, clause (1), or 2, clause (1).​

45.27 (b) A person is guilty of a misdemeanor if convicted under subdivision 1, clause (2), or​

45.28 2, clause (2).​

45.29 Subd. 4. Possession of marijuana in a motor vehicle. A person is guilty of a​

45.30 misdemeanor if the person is the owner of a private motor vehicle, or is the driver of the​

45.31 motor vehicle if the owner is not present, and possesses on the person or knowingly keeps​

45.32 or allows to be kept within the area of the vehicle normally occupied by the driver or​

Article 4 Sec. 7.​ 45​ 05/05/20 ​ REVISOR KLL/JK A20-0767​

46.1 passengers, more than five grams of marijuana. This area of the vehicle does not include​

46.2 the trunk of the motor vehicle if the vehicle is equipped with a trunk or another area of the​

46.3 vehicle not normally occupied by the driver or passengers if the vehicle is not equipped​

46.4 with a trunk. A utility or glove compartment is deemed to be within the area occupied by​

46.5 the driver and passengers.​

46.6 Subd. 5. Petty misdemeanors. A person who does any of the following is guilty of a​

46.7 petty misdemeanor:​

46.8 (1) unlawfully sells a small amount of marijuana for no remuneration; or​

46.9 (2) unlawfully possesses a small amount of marijuana.​

46.10 EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes​

46.11 committed on or after that date.​

46.12 Sec. 8. REPEALER.​

46.13 Minnesota Statutes 2018, section 152.027, subdivisions 3 and 4, are repealed.​

46.14 EFFECTIVE DATE. This section is effective August 1, 2020."​

46.15 Delete the title and insert:​

46.16 "A bill for an act​

46.17 relating to public safety; including the unauthorized copying of data stored in​ 46.18 computers as computer theft; requiring intent for the crimes of repeated harassing​ 46.19 conduct; increasing penalties for certain human trafficking offenses; increasing​ 46.20 penalties for patrons of prostitutes; modifying certain provisions relating to sexual​ 46.21 assault examination kits; requiring law enforcement policies on best practices for​ 46.22 eyewitness identifications; prohibiting the flying of unmanned aerial vehicles over​ 46.23 state correctional facilities; providing feminine hygiene products to female inmates;​ 46.24 providing cultural programming services for American Indian inmates; clarifying​ 46.25 Department of Corrections billing to counties for juvenile confinements; removing​ 46.26 punishment as goal of intensive community supervision program; expanding the​ 46.27 authority of conservation officers under DWI law; authorizing Department of​ 46.28 Public Safety to accept grant funding; establishing a task force on sentencing for​ 46.29 aiding and abetting felony murder; adjusting thresholds for certain marijuana​ 46.30 offenses; modifying the schedules of controlled substances; requiring a report;​ 46.31 providing for criminal penalties; appropriating money for corrections, sentencing​ 46.32 guidelines, and public safety; amending Minnesota Statutes 2018, sections 152.02,​ 46.33 subdivisions 2, 3, 6; 152.025, subdivisions 1, 2, 4; 169A.03, subdivision 18;​ 46.34 241.021, by adding a subdivision; 241.80; 242.192; 244.14, subdivision 1;​ 46.35 299C.106, subdivision 3, by adding subdivisions; 609.1095, subdivision 1; 609.131,​ 46.36 subdivision 2; 609.322, subdivisions 1, 1a; 609.324, subdivisions 2, 4; 609.3241;​ 46.37 609.352, subdivision 4; 609.79, subdivision 1; 609.795, subdivision 1; 609.87, by​ 46.38 adding a subdivision; 609.89, subdivision 1; Minnesota Statutes 2019 Supplement,​ 46.39 sections 504B.206, subdivision 1; 609.749, subdivisions 2, 3; proposing coding​ 46.40 for new law in Minnesota Statutes, chapters 152; 243; 609; 626; repealing​ 46.41 Minnesota Statutes 2018, sections 152.027, subdivisions 3, 4; 383A.404; 401.13;​ 46.42 609.324, subdivision 3; 609.749, subdivision 1a; Minnesota Statutes 2019​ 46.43 Supplement, section 609.749, subdivision 1."​

Article 4 Sec. 8.​ 46​