New plans approved to combat synthetic drug use

The manufacture and distribution of synthetic drugs continues to remain problematic throughout the state; however, work done during the legislative interim aims to reduce the chances of these ending up in communities across Minnesota.

Sponsored by Rep. Erik Simonson (DFL-Duluth), HF2446 contains the recommendations of the bipartisan House Select Committee on Controlled Substances and Synthetic Drugs. Approved Wednesday by the House Public Safety Finance and Policy Committee, the bill was sent to the House Health and Human Services Policy Committee. A companion, SF2028, sponsored by Sen. Roger Reinert (DFL-Duluth), awaits action by the Senate Health, Human Services and Housing Committee.

“This will be a continued effort going forward … because this is an ever-changing problem,” said Simonson, who chaired the select committee. “It is very prevalent still in Minnesota, especially amongst student populations — high school, college — and young adults.”

Made in labs, synthetic cannabinoids are up to 100 percent more powerful than typical marijuana. According to the select committee’s report, “it is a plant material sprayed with extremely potent psychotropic drugs containing ever-changing chemical strains. These products are most often sold in head shops, smoke shops or over the Internet. They are often labeled as incense and marked ‘Not for Human Consumption’ in a weak attempt to skirt federal law. They have a hallucinogenic effect similar to PCP (angel dust).”

It is proposed that the Board of Pharmacy be permitted to issue cease and desist orders to businesses selling synthetic drugs that contain a banned substance. Cody Wiberg, the board’s executive director, said the order, which would be just for the product in question, and would come after the product is tested, likely by the Bureau of Criminal Apprehension.

 “The hope is that if they pay for the drug and we prevent their sale, that they’re going to lose the money they’ve invested in them, plus the court could order them to pay for the destruction of the drugs as well,” Wiberg said.

The Board of Pharmacy can now use expedited rulemaking authority to ban newly identified substances used to make synthetic drugs and have that decision later ratified by the Legislature. However, that authority is set to expire Aug. 1, 2014. The bill would make the board’s action final, but permit the Legislature to overturn a decision.

Other recommendations include:

• expanding the statutory definition of drug 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”;
• creating and funding a pilot program to train prosecutors in the best practices of prosecuting synthetic drug cases; and
• having the state’s education, health and human services commissioners “formulate and implement and educational awareness campaign on the dangers of synthetic drug use.”

“For those people caught in this, it is an unbelievable nightmare from which many people never wake up,” said Rep. Jim Newberger (R-Becker). “This is a specific problem that is costing us the lives of our loved ones, our young people.”

He served on the select committee with Rep. Kathy Lohmer (R-Stillwater), Rep. Dan Schoen (DFL-St. Paul Park) and Rep. John Ward (DFL-Baxter).

An amendment briefly discussed, but not offered, by Lohmer would hold sellers partially responsible for the “costs and expenses resulting from the crime,” including emergency response and potential long-term care costs for the victim. It is expected to be added to the bill at a later committee stop.