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Dude—It Wasn’t Even “Real Pot,” but I Lost My Right to Possess Firearms?

4 comments

Mike Bryant, managing partner of Bradshaw & Bryant discussed the legislative changes taking effect July 1, 2011, in his blog:What are the New Minnesota Laws Going into Affect Tomorrow? posted June 30, 2011.

One of the changes in the public safety arena includes banning and criminalizing the sale or possession of synthetic cannabinoids, and adding synthetic cannabinoids, 2C-E, and 2C-I to the list of Schedule I controlled substances. The law incorporates a provision making it illegal for a person to drive under the influence of a synthetic cannabinoid as a driving while impaired crime, among other additions.

One of the rationales for the passage of this law surrounded the serious health problems associated with the product such as seizures. This issue is especially significant in Minnesota after a young man from Coon Rapids overdosed and died after taking the synthetic drug 2C-E or Europa. Not too far from the Minnesota border, a man in St. Croix County, Wisconsin was arrested for driving while impaired after reportedly snorting bath salts.

Minnesota’s new law states that “(b) [a] person who unlawfully sells any amount of a synthetic cannabinoid is guilty of a gross misdemeanor. (c) A person who unlawfully possesses any amount of a cannabinoid is guilty of a misdemeanor.”

In one of my previous postings entitled It’s Just a Little Pot in my Motor Vehicle: What’s The Big Deal?, I wrote about how a conviction for having marijuana in a motor vehicle will bar you from possessing any pistol, semiautomatic military-style assault weapon or any other firearm for at least three years. Possessing a small amount of marijuana is a drug crime in which the penalty is a petty misdemeanor. However, possessing marijuana in a motor vehicle is a misdemeanor which places this crime within the confines of “Certain persons not to possess firearms.”

Similar to possessing a small amount of marijuana in a motor vehicle, selling or possessing any amount of synthetic cannabinoid is classified as a drug crime. The penalties for possessing or selling consist of a misdemeanor or gross misdemeanor, which identifies this crime within the statute of “Certain persons not to possess firearms.”

It is important when you are charged with a crime in Minnesota that you get advice from an experienced attorney. The sooner you talk to an attorney, the better your chances that all of your options can be explored. At Bradshaw & Bryant, we have been helping people with all levels of charges from DUI and drug charges to physical assaults and homicides. We have put the time in to court to make a difference for you.

4 Comments

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  1. bart says:
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    2c-e and 2c-i are not synthetic cannabinoids but psychoactive phenethylamines. the two could not be molecularly different. please do some basic research next time.

    also, putting “dude” in the title of your article is poor show for someone supposedly exacerbating journalistic neutrality.

  2. bart says:
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    could not be more molecularly different*

    Also, if health concerns are the reason for banning it, why are alcohol and nicotine legal, substances many times more lethal to the human body than these research chemicals? That is, what they are. And banning them is holding back human knowledge just because some neo-con politican wants to pander for some votes.

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    Bart-Thank you for your comments. I would just point out that my blog states that 2C-E and 2C-I are synthetic cannabinoids because that is what the State of Minnesota has classified them as in its new law which you can find in my link above. While I appreciate that you disagree with the State of Minnesota calling them synthetic cannabinoids, that is what they are classified as under the list of Schedule I controlled substances. If you think it should be changed, you may want to contact the legislators who wrote the law. Using the word “dude” in my title was used because it is a popular expression among a variety of people just like using the words “hey man,” “seriously,” or “really” to name a few. If you feel alcohol and nicotine should not be legal, then I suggest you again talk to your legislators about making it illegal.

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    Yes, everything is right, except that the provider of JWH is responsible for those these things.
    For example there nonprohibited JWH’s, but owner sells prohibited only. The seller is not guilty with those things.

    Responsible manufacturer, for example Czech guys form https://goodfriendsfamily.com/ sells only legal stuff like JWH or 2c-i or 2c-e. All these thing are manufacturer resposible for, not seller at all. It is good thing to say “Hey guys, this thing is illegal, or this is legal, you can get it with no problems.