Minnesota at the Forefront of Efforts to Ban 2C-E, Other Synthetic Drugs

In March of 2011, several spring break revelers at a party in Blaine, Minnesota were hospitalized after overdosing on a synthetic designer drug known as 2C-E. One of them, 19-year-old Trevor Robinson, was killed.

Robinson’s death lit a fire under lawmakers about synthetic drugs that, until a few months ago, were perfectly legal to purchase in Minnesota. Now, a state law prohibits the sale or possession of 2C-E and similar synthetic drugs. Moreover, led by Minnesota Senator Amy Klobuchar, a growing contingent in Congress is pushing for a nation-wide prohibition on 2C-E.

Minnesota Legislation Broadly Targets Expansive Range Of Designer Drugs

2C-E, also known as europa, is a hallucinogen that produces psychedelic effects similar to LSD or ecstasy. Certain members of the 2C-E family are federally designated as a controlled substance by the DEA. Others, however, are legally accessible in many states.

It can be difficult for lawmakers to keep up with scientific advances in the production of synthetic designer drugs. In Minnesota, some municipalities had already banned 2C-E through local ordinances before a statewide prohibition went into effect July 1. Along with 2C-E, the ban is applicable to a variety of synthetic marijuana compounds, designer psychedelics and synthetic drugs referred to as “bath salts.” But, chemists have already produced substitutes that head shops and other sellers are insisting do not fall within the purview of the new statute. In addition, while the updates to the Minnesota Statutes prohibit the sale or possession of a range of synthetics, the drugs are still easy to obtain in other states or through Internet sales.

The sale of any amount of synthetic cannabinoids is a gross misdemeanor under the new Minnesota law, while possession is punishable as a misdemeanor. For other synthetics, possession is designated as a controlled substance crime in the first to third degree, depending on the amount and type of drug confiscated. A Minneapolis drug charges lawyer can explain the types of potential penalties that may accompany particular unique circumstances.

Push For National Enactment

Senator Klobuchar has received backing from the U.S. Department of Justice and a number of other lawmakers for three bills that would ban 2C-E, bath salts and synthetic marijuana throughout the country.

But, not all legal experts are on board. The Minnesota ban has already been challenged on the grounds that it is too vague to be constitutional. Many users and sellers are no longer clear on what is and is not legal – and the only way to find out is to risk a serious drug charge that can result in huge fines and likely jail time.

Do not wind up behind bars thanks to confusion about the expansive new law. If you have been charged with a drug crime, contact a Minneapolis criminal defense lawyer today to build a strong legal defense.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.