SF3711

Purpose

• Change Minnesota law to classify kratom’s active compounds as a Schedule II controlled substance.
• Update the state’s controlled substances list to reflect this scheduling, aligning with broader drug control standards.
• Remove a prior kratom-specific crime provision that criminalized sale or possession by people under 18.

Main Provisions

• Schedule II classification (Section 1):
  • Minnesota Statutes 2024 section 152.02 subdivision 3 is amended to place a wide list of substances into Schedule II, including:
  • Classic opiates and related substances (opium in all forms, codeine, morphine, hydrocodone, hydromorphone, oxycodone, fentanyl, methadone, and others listed as opiates).
  • Additional opiate-related substances and salts, along with various specific fentanyl-family compounds.
  • Substances that act as stimulants (amphetamine, methamphetamine, methylphenidate, lisdexamfetamine) and depressants (certain barbiturates and phencyclidine), as well as cannabinoids (nabilone and dronabinol).
  • Importantly, the bill adds kratom’s active ingredients mitragynine and 7-hydroxymitragynine to the Schedule II list (described as substances produced directly or indirectly by extraction from vegetable origins or by synthesis, including their isomers, esters, and salts).
• Repeal of a kratom-related offense (Section 2):
  • Repeals Minnesota Statutes 2024 section 152.027 subdivision 7, removing the prior kratom-specific offenses.
  • The repealed provisions previously made it a gross misdemeanor to sell kratom to anyone under 18 and a misdemeanor for a person under 18 to possess kratom.

Repeal Details and Law Change Effects

• By adding mitragynine and 7-hydroxymitragynine to Schedule II, kratom-related substances become controlled under Schedule II rules.
• By repealing the 152.027 Subd. 7 provision, there will no longer be state penalties tied specifically to selling or possessing kratom by minors.
• The overall effect is a shift from a targeted kratom penalty regime to a broader scheduled-substance framework that includes kratom’s key alkaloids.

Significant Changes to Existing Law

• Scheduling shift: kratom’s active alkaloids are now treated as Schedule II controlled substances, bringing them under stricter regulatory controls.
• Removal of kratom-specific minor penalties: the state’s prior under-18 kratom sale/possession penalties are eliminated.
• Expanded reference framework: the bill codifies additional substances (including mitragynine and 7-hydroxymitragynine) within the Schedule II framework, alongside a broad list of other controlled substances (opium derivatives, stimulants, depressants, and cannabinoids).

Terminology and Concepts to Note

• kratom, mitragynine, 7-hydroxymitragynine
• Schedule II, controlled substances
• opium, opiate, opium poppy, coca leaves, cocaine, coca leaf derivatives
• fentanyl, methadone, morphine, codeine, hydrocodone, oxycodone, hydromorphone
• amphetamine, methamphetamine, methylphenidate, lisdexamfetamine
• barbiturates (e.g., pentobital, secobarbital, amobarbital), phencyclidine (PCP)
• nabilone, dronabinol (cannabinoids)

Relevant terms: kratom, mitragynine, 7-hydroxymitragynine, Schedule II, controlled substances, opium, opiate, coca leaves, cocaine, fentanyl, methadone, morphine, codeine, hydrocodone, oxycodone, hydromorphone, amphetamine, methamphetamine, methylphenidate, lisdexamfetamine, barbiturates, phencyclidine, PCP, nabilone, dronabinol.

Relevant Terms - kratom, mitragynine, 7-hydroxymitragynine - Schedule II - controlled substances - opium, opiate, coca leaves, cocaine - fentanyl, methadone, morphine, codeine - hydrocodone, hydromorphone, oxycodone - amphetamine, methamphetamine, methylphenidate, lisdexamfetamine - barbiturates (e.g., pentobital, secobarbital), phencyclidine (PCP) - nabilone, dronabinol