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Minnesota Lawmakers Vote to Legalize Drug Paraphernalia and Residue Testing, Syringe Services, And Syringe Services

May 17, 2023 by Kyle Jaeger

Minnesota’s legislature approved a large-scale bill that includes provisions for legalizing drug paraphernalia, syringe service, residue, and testing. This is a victory for advocates of harm reduction in the state.

Last week, bipartisan lawmakers in the Senate and House agreed on a final report for a bill that included reforms to drug policy. The Senate approved the report on Friday, and the House voted to approve it on Monday with a score of 69-63. It will now be sent to the Governor’s desk.

The bill eliminates code language that criminalizes possession and delivery. The revised law states that “it is unlawful for anyone to intentionally manufacture drugs paraphernalia” and does not include the possession language.

The legislation also states that small amounts of residue found on paraphernalia will no longer be considered illegal possession. This language was taken from a separate bill sponsored by Rep. Aisha Gómez (D).

MINNESOTA HOUSE PASSES legalization of ALL drug paraphernalia and ALL drug residue contained in drug paraphernalia.@GovTimWalz it’s now your turn to make history.

Minnesota’s echo was quite loud this morning ….can anyone hear it?? #proud @DrugPolicyOrg @HarmReduction pic.twitter.com/5NqkaltTW6

Edward Krumpotich 16 May 2023 HTML0

The bill would amend the statute to read: “A person commits a controlled substance crime of the fifth degree if they unlawfully possess one or mixtures that contain a controlled substance listed in Schedule I or II or III or IV. This does not include a small amount or mixture of marijuana , or residual amounts of one or mixtures of substances in drug paraphernalia.” (Emphasis added.)

The bill also adds to the statute a new section that authorizes syringe services providers. These are defined as “community-based programs that offer cost-free comprehensive harm-reduction services.”

The syringe centers will be able to offer sterile needles, other injection equipment and educational materials about overdose prevention, safer injection techniques, blood-borne pathogen tests, and referrals to treatment for substance abuse, mental health, and social services.

We Did It Minnesota! The conference committee has passed HF2041! !

In a few weeks, it is almost certain that the Governor will sign!

We have decriminalized ALL drugs paraphernalia, ALL drug residues, and ALL testing for drugs!

Bye Bye Drug War! !@DrugPolicyOrg @HarmReduction pic.twitter.com/gOUhVjWZQA

Edward Krumpotich 10 May 2023 HTML0

Edward Krumpotich is a consultant for the Drug Policy Alliance and Upper Midwest policy leader for the National Harm Reduction Coalition. He told Marijuana Moment that “the war on drug criminalization has finally a voice from public health and communities again.” “Substance abuse is a long-standing practice that has been accompanied by newer, draconian dogmas. It’s time to change.” “We’ve had it.”

The Bill makes it so that “hypodermic needles, syringes, or any other instrument or implement that can be adapted to subcutaneous injections”, would no longer be illegal drug paraphernalia.

The drug code of the state would be changed to remove language which currently prohibits possession products used for “testing strength, effectiveness or purity of controlled substances.”

These changes, say harm reduction advocates, will improve the health of people who use drugs by reducing the risk of death from overdose, reducing the spread blood-borne infection through contaminated needles, and helping those who wish to enter substance abuse treatment.

Kurtis Hanna is a drug reform lobbyist. He told Marijuana Moment that a diverse coalition of public officials, doctors and frontline workers worked together this session to bring this legislation to Governor Walker’s desk. “Minnesota, to our best knowledge, is just a signature away, from becoming the first state to legalize delivery and possession for all drug paraphernalia even if they have residue of controlled substances on them.”

He said that while Minnesota has taken a piecemeal, rather than a wholesale, approach, it was extremely satisfying to help the current legislative body further demolish the failed drug war through this legislation, as well as the adult use marijuana and psychedelic medicines task force bills.

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Marijuana Moment tracks more than 1,000 cannabis and psychedelics bills, as well as drug policy legislation in state legislatures. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.

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In response to the opioid crisis, lawmakers in several states have moved to advance harm-reduction legislation. Some places are also working to legalize safe drug consumption facilities where people can use illicit drugs in medically monitored facilities.

The legality under federal law of these centers is being actively reviewed in federal courts, after the Justice Department of the Trump administration filed a lawsuit to block the establishment of an overdose prevention centre based in Philadelphia. The Biden administration generally supports harm reduction policies.

The passage of marijuana-legalization legislation is currently being finalized by the conference committee.

The House also passed a health bill omnibus that included provisions to create a task force that will prepare the state for a possible legalization. The advocates are waiting to find out if the language in the final conference reports after negotiations with Senate is the same.


Minnesota Lawmakers finalize Marijuana Legalization Bill in Conference Committee with Passage expected this week

Image courtesy of Jernej furman.

The post Minnesota Lawmakers Pass Bill To Legalize Drug Paraphernalia And Residue Testing, Syringe Services And Syringe Services first appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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