Bill Combatting Synthetic Drugs Moves Forward in MN

ST. PAUL – Wednesday, the Minnesota House of Representatives passed a bill authored by Rep. Erik Simonson (DFL-Duluth) that addresses the growing problem of synthetic drugs.

The House approved the legislation 130-0.

"The problem of synthetic drugs continues to grow in Minnesota," Rep. Simonson said. "Law enforcement's ability to address this scourge is hampered by the drug makers' ability to create new poisons. This bill give the state and local law enforcement and prosecutors more weapons to use."

The legislation:

• Amends the definition of drug to also include compounds not regulated or approved for human consumption by the U.S. Food and Drug Administration or Minnesota law and, when introduced to the body, induces an effect substantially similar to that of scheduled drugs.

• Grants cease and desist power to the Minnesota Board of Pharmacy to stop retailers from selling these products. The cease and desist order must give reasonable notice of the rights of the person to request a hearing, and the bill outlines the hearing process. If a person fails to appear, the allegations may be considered true. If no hearing is requested within 30 days of the order, the "cease and desist" order will become permanent. An order remains in effect until modified or vacated by the Board.

• Maintains the board's expedited rule making authority by extending the sunset on this power. This power was given to the board to help keep up with the influx of synthetic drugs introduced into the market after manufacturer's tweak the formula to skirt state laws.

• Calls for mandatory restitution provision. If a person is convicted of selling a controlled substance or analog under the false pretense that it is legal, the court must order restitution for the costs and expenses resulting from the crime.

• Appropriates $163,000 in fiscal year 2015 to the Department of Human Services for increasing public awareness of the dangers of synthetic drugs and developing targeted education towards children and young adults.

The legislation was crafted by the Select Committee on Controlled Substances and Synthetic Drugs, which was appointed by House Speaker Paul Thissen last year.

Rep. Simonson served as chair of the special committee. 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 committee held meetings throughout the state.

"The bill is the result of extensive conversations we held around the state with those most affected by synthetic drugs – former addicts, their families and local police and prosecutors," Rep. Simonson said. "We then worked with the Attorney General and representatives from the Senate, the Department of Human Services and the Governor's Office to attempt to shape legislation that was balanced and fair, wasn't overreaching and something that could garner bipartisan support."

The bill now moves to the Senate.