Kratom classification as a Schedule II controlled substance

A bill for an act

relating to public safety; classifying kratom as a Schedule II controlled substance;

amending Minnesota Statutes 2024, section 152.02, subdivision 3; repealing

Minnesota Statutes 2024, section 152.027, subdivision 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 152.02, subdivision 3, is amended to read:

Subd. 3.

Schedule II.

(a) Schedule II consists of the substances listed in this subdivision.

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

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

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

and chemical synthesis:

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

opiate.

(i) Excluding:

(A) apomorphine;

(B) thebaine-derived butorphanol;

(C) dextrophan;

(D) nalbuphine;

(E) nalmefene;

(F) naloxegol;

(G) naloxone;

(H) naltrexone; and

(I) their respective salts;

(ii) but including the following:

(A) opium, in all forms and extracts;

(B) codeine;

(C) dihydroetorphine;

(D) ethylmorphine;

(E) etorphine hydrochloride;

(F) hydrocodone;

(G) hydromorphone;

(H) metopon;

(I) morphine;

(J) oxycodone;

(K) oxymorphone;

(L) thebaine;

(M) oripavine;

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

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

shall not include the isoquinoline alkaloids of opium;

(3) opium poppy and poppy straw;

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

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

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

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

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

do not contain cocaine or ecgonine;

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

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

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

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

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

chemical designation:

(1) alfentanil;

(2) alphaprodine;

(3) anileridine;

(4) bezitramide;

(5) bulk dextropropoxyphene (nondosage forms);

(6) carfentanil;

(7) dihydrocodeine;

(8) dihydromorphinone;

(9) diphenoxylate;

(10) fentanyl;

(11) isomethadone;

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

(13) levomethorphan;

(14) levorphanol;

(15) metazocine;

(16) methadone;

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

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

acid;

(19) pethidine;

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

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

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

(23) phenazocine;

(24) piminodine;

(25) racemethorphan;

(26) racemorphan;

(27) remifentanil;

(28) sufentanil;

(29) tapentadol;

(30) 4-Anilino-N-phenethylpiperidine;

(31) oliceridine;

(32) norfentanyl (N-phenyl-N-(piperidin-4-yl) propionamide).

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

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

having a stimulant effect on the central nervous system:

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

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

(3) phenmetrazine and its salts;

(4) methylphenidate;

(5) lisdexamfetamine.

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

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

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

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

within the specific chemical designation:

(1) amobarbital;

(2) glutethimide;

(3) secobarbital;

(4) pentobarbital;

(5) phencyclidine;

(6) phencyclidine immediate precursors:

(i) 1-phenylcyclohexylamine;

(ii) 1-piperidinocyclohexanecarbonitrile;

(7) phenylacetone.

(f) Cannabinoids:

(1) nabilone;

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

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

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

substances produced directly or indirectly by extraction from substances of vegetable origin

or independently by means of chemical synthesis, or by a combination of extraction and

chemical synthesis, or their isomers, esters, ethers, salts, and salts of isomers, esters and

ethers:

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(1) mitragynine;

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(2) 7-hydroxymitragynine.

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Sec. 2.
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REPEALER.
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Minnesota Statutes 2024, section 152.027, subdivision 7,

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is repealed.

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APPENDIX

Repealed Minnesota Statutes: 26-05964

152.027 OTHER CONTROLLED SUBSTANCE OFFENSES.

Subd. 7.

Sale or possession of kratom.

(a) A person who unlawfully sells any amount of kratom or a substance that contains mitragynine or 7-hydroxymitragynine to a person under the age of 18 is guilty of a gross misdemeanor.

(b) A person under the age of 18 who unlawfully possesses any amount of kratom or a substance that contains mitragynine or 7-hydroxymitragynine is guilty of a misdemeanor.