HF3452

Purpose

• The bill would classify kratom as a Schedule II controlled substance in Minnesota and repeal a separate existing kratom offense. This places kratom and its active components on the same regulatory level as many other potent drugs, changing how it is regulated, sold, and penalized.

Main Provisions

• Schedule II designation (Minnesota Statutes 2024 section 152.02, subdivision 3): The bill amends the list of substances in Schedule II to include opium and opiate-related substances, their salts and derivatives, certain opioids (like morphine, codeine, oxycodone, hydrocodone, hydromorphone, fentanyl, methadone, etc.), all specified opiates and their possible isomers, and a broad range of related compounds.
• Expanded categories within Schedule II:
  • Opiates and opioids (including morphine, codeine, oxycodone, hydrocodone, hydromorphone, fentanyl, methadone, and several other listed derivatives and salts).
  • Stimulants (such as amphetamine, methamphetamine, phenmetrazine, methylphenidate, lisdexamfetamine).
  • Depressants (including barbiturates like amobarbital, secobarbital, pentobarbital; also phencyclidine and its precursors).
  • Cannabinoids (including nabilone and dronabinol; and delta-9-THC in certain formulations approved by the FDA).
  • Kratom constituents: mitragynine and 7-hydroxymitragynine are listed among Schedule II substances.
  • Other listed substances and their salts or esters, and any chemically equivalent derivatives.
• Kratom-related changes:
  • The bill explicitly adds mitragynine and 7-hydroxymitragynine to the Schedule II list, treating kratom’s active components as controlled substances.
• Repeal of existing kratom offense:
  • Repeals Minnesota Statutes 2024 section 152.027 subdivision 7, which previously made it a crime to sell or possess kratom (and kratom products containing mitragynine or 7-hydroxymitragynine) to someone under 18, and for a person under 18 to possess kratom.
• Related regulatory framework:
  • By removing the separate under-18 kratom offense and placing kratom under Schedule II, enforcement would fall under the general Schedule II penalties and regulations rather than the older, kratom-specific provision.

Significant Changes to Existing Law

• Kratom moves from a special, age-based offense to being regulated as a Schedule II controlled substance.
• The state eliminates the standalone subsection that targeted kratom sales/possession to minors, replacing it with broader Schedule II controls and penalties.
• The list of Schedule II substances is expanded to explicitly include kratom’s main active components (mitragynine and 7-hydroxymitragynine) as controlled substances.
• The bill repeals a separate kratom provision (152.027, Subd. 7) and its associated penalties, aligning kratom regulation with other Schedule II drugs.

Practical Implications

• Regulatory Impact: Kratom products and their active components would be subject to the same control and enforcement framework as other Schedule II substances.
• Penalties: Offenses involving kratom would be governed by penalties applicable to Schedule II substances, rather than the previous kratom-specific offenses.
• Public Safety: The changes aim to standardize how kratom is regulated, potentially affecting how it is sold, labeled, and monitored, as well as who may obtain it.

Relevant Terms - kratom - mitragynine - 7-hydroxymitragynine - Schedule II - controlled substances - opium - morphine - codeine - oxycodone - hydrocodone - fentanyl - methadone - amphetamine - methamphetamine - methylphenidate - lisdexamfetamine - phencyclidine (PCP) - dronabinol - nabilone - coca leaves - cocaine - ecgonine - decocainized coca leaves - 152.027 subdivision 7 - 152.02 subdivision 3