The House Select Committee on Controlled Substances and Synthetic Drugs, after more than six months of hearings and investigations, on Wednesday approved a package of recommendations to be forwarded to House Speaker Paul Thissen for legislative consideration.
Minnesota has seen the growth in the use of these synthetic drugs, which have endangered the state’s drug abuse prevention efforts. Both synthetic cathinones (a.k.a. Bath Salts) and synthetic cannabinoids (a.k.a. Synthetic “Marijuana”) have grown increasingly popular in many communities across the state, having a serious and often devastating impact on not only individual users and their families, but the economic prosperity and community safety of particular areas as well.
Speaker Thissen announced the formation of the Select Committee on Controlled Substances and Synthetic Drugs on May 29, 2013, appointing State Representative Erik Simonson (DFL-Duluth) as Chair. Also serving on the special committee were Reps. Kathy Lohmer (R-Stillwater), Jim Newberger (R-Becker), Dan Schoen (DFL-South St. Paul) and John Ward (DFL-Baxter). The Speaker charged the committee to examine drug-abuse issues in Minnesota and recommend policies to combat the sale of synthetic drugs.
“After holding meetings and discussions in communities across the state, I think we can all agree that the problem of synthetic drugs is continuing to grow in Minnesota,” Rep. Simonson said. “We have really good laws in Minnesota that are very useful and productive tools, but we also thought potentially what we needed to do was put another tool or two into the toolbox to give law enforcement and prosecutors a better opportunity to control this problem in their own community.”
After hearing emotional and often painful testimony from the individuals and family members affected by the drug abuse, as well from the medical and law enforcement communities in the state – the committee issued its recommendations.
Actions the state should take are:
· Expand the definition of “drug” in statute to include any compound, substance, or derivative which is not approved for human consumption by the United States Food and Drug Administration or specifically permitted by Minnesota law, and when introduced into the body, induces an effect substantially similar to that of a Schedule I or Schedule II controlled substance regardless of whether the substance is marketed for the purpose of human consumption.
· Empower the Board of Pharmacy to issue cease-and-desist orders to businesses that sell synthetic drugs.
· Remove the sunset on the Board of Pharmacy’s emergency drug scheduling authority.
· Strike the statutory requirement that the Board of Pharmacy’s emergency drug scheduling decisions must be ratified by the Legislature to make the Board’s actions final.
· Create a pilot project that trains prosecutors in the best practices of prosecuting synthetic drug cases and funds expert witnesses in synthetic drug investigations and trials.
· Direct the commissioners of Education, Health and Human Services to formulate and implement an educational awareness campaign designed to reach a broad audience but contain targeted messages for students on the dangers of synthetic drug use.
· Regularly review efforts to reduce and prevent all forms of drug abuse by pertinent legislative committees.
· Pass a resolution requesting Minnesota’s federal Congressional delegation pursue further efforts to control internet sales of illegal drugs.
Locally, the committee urges communities to adopt comprehensive drug paraphernalia ordinances similar to Moorhead’s ordinance. Experts believe that gaps in many drug paraphernalia laws allow headshops to skirt the law on the prohibition of drug paraphernalia which in turn makes it easier for persons to consume illicit drugs. The open sale of drug paraphernalia also creates the perception that illicit drug use is acceptable because the tools needed to use the drugs are available for sale in storefronts.
And local county attorneys should use resources across the state when considering charges and/or prosecution strategy in synthetic drug cases.
Rep. Simonson stressed the number of resources committee used in coming up with its recommendations.
“I met a number of times with representatives of [the Department of Human Services] and [the Department of Health], the attorney general and her staff , and tried to compile all the information that we collected over the interim to come up with something that will work well,’ Rep. Simonson said. “We wanted something that was balanced and that was fair, wasn’t overreaching and something that we could really wrap our heads around and had bipartisan support.
“We met with the governor’s office, we met with members of the Senate to make sure that we don’t have anything contained in here that will be a real red flag for anybody. I hope the groundwork has been laid for a successful outcome.”
“I’ve appreciated the opportunity to work with Chair Simonson and the Select Committee to craft legislation aimed at providing tools and resources – both civil, criminal, and public awareness – to combat the health and safety menace of synthetic drugs,” Minnesota Attorney General Swanson said.