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Drug schedule modification, DUI clarification in annual drug bill

Keeping kratom away from minors is one goal of the annual drug scheduling bill put forth by the Board of Pharmacy.

Sponsored by Rep. Keith Franke (R-St. Paul Park) and Sen. Paul Anderson (R-Plymouth), HF3479/SF2578*, as amended to include House language, was passed 123-3 Thursday by the body.

This bill, which would also add new drugs to the controlled substance schedules and contains a DUI-related provision, returns to the Senate where its version was passed 62-4 May 2.

Selling kratom to someone under age 18 would result in a gross misdemeanor penalty; a minor possessing kratom could be charged with a misdemeanor.

“Kratom is an organic supplement that has been listed as an opioid by the (Food and Drug Administration),” Franke said. “Anyone can go and purchase this organic supplement which in the brain affects and attacks the same opioid receptors as opioids, but to not the same affect.”

Mixing kratom with alcohol or valium-like drugs creates an increased risk of a severe adverse reaction, including death; however, some people responsibly use kratom to manage pain, keeping them off stronger drugs.

“It is important to put some guardrails around this and make sure we are protecting minors,” said Rep. Ben Lien (DFL- Moorhead). “The federal government has not scheduled this substance and I think it’s important here in Minnesota that we do not completely illegalize it in order for more research to be done.”

“This is a good compromise,” added Rep. Brian Johnson (R-Cambridge). “We want to make sure we protect our kids before they get hurt.”

Franke said five states now categorize kratom as a Schedule I controlled substance, classifying it as a drug with no currently accepted medical use and a high potential for abuse

The bill also calls for three controlled substance schedule changes: bromadol would be added to the list of Schedule I controlled substances, and pentazocine and butorphanaol would be added to Schedule IV, which are drugs with a low potential for abuse and low risk of dependence.

In response to a October 2017 ruling by the Minnesota Supreme Court, the bill would replace “hazardous substance” and establish that it is a crime to operate a motor vehicle under the influence of an “intoxicating substance.” An intoxicating substance would be defined as “a drug or chemical … that when introduced into the human body impairs the central nervous system or impairs the human audio, visual, or mental processes.” It would not include alcohol or controlled substances, which have their own statutory definitions.

The court found in State v. Carson the definition of “hazardous substance” in the driving while impaired statute referred to a list maintained by the Department of Labor and Industry for rules relating to occupational safety and health. Because the substance inhaled by the defendant in that case — a chemical used to clean electronic equipment — was not on the list, the defendant could not be convicted of driving under the influence.


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