This Part 1 shall be titled "Controlled Substances Act."
A.
The Menominee Tribal Legislature finds that the use and abuse of
controlled substances constitute a serious problem for the community.
As a partial solution, this Part 1 regulating controlled substances
has been enacted with penalties. The legislature recognizes a need
for differentiation among those who would violate these laws and make
the following declaration:
(1)
Many of the controlled substances included in this Part 1 have useful
and legitimate medical and scientific purposes and are necessary to
maintain the health and general welfare of the Menominee people.
(2)
The illegal manufacture, distribution, delivery, possession and the
improper use of controlled substances have a substantial and detrimental
effect on the health and general welfare of the Menominee people.
(3)
Persons who illicitly traffic in controlled substances constitute
a substantial menace to the public health and safety. The possibility
of incarceration must exist as a deterrent to trafficking by such
persons. Upon conviction for trafficking, such persons must be sentenced
in a manner which will deter further trafficking from them and others
in the community, protect the public from their harmful activities,
and restore them to legitimate and socially useful endeavors.
(4)
Persons who habitually or professionally engage in trafficking in
controlled substances and harmful substances should, upon conviction,
be sentenced to substantial terms of incarceration to shield the public
from their predatory acts. However, persons addicted to or dependent
on controlled substances should, upon conviction, be sentenced in
a manner most likely to produce rehabilitation.
(5)
Upon conviction, persons who casually use or experiment with controlled
substances should be sentenced in a manner that will best induce them
to have no further contact with controlled substances and to develop
acceptable alternatives to drug abuse.
Direct application of a controlled substance to the body
of a patient or research subject by a practitioner (or, in his presence,
by his authorized agent), or the patient or research subject at the
direction and in the presence of the practitioner.
An authorized person who acts on behalf of or at the direction
of a manufacturer, distributor, or dispenser; except that such term
does not include a common or contract carrier, public warehouseman,
or employee of the carrier or warehouseman, when acting in the usual
and lawful course of the carrier's or warehouseman's business.
Any drug or hormonal substance, chemically and pharmacologically
related to testosterone (other than estrogens, progestins, corticosteroids,
and dehydroepiandrosterone), and includes:
Androstanedione (5α-androstan-3,17-dione);
Bolasterone (7α,17α-dimethyl-17β-hydroxyandrost-4-en-3-one);
Boldenone (17β-hydroxyandrost-1,4,-diene-3-one);
Calusterone (7β, 17α-dimethyl-17β-hydroxyandrost-4-en-3-one);
Clostebol (4-chloro-17β-hydroxyandrost-4-en-3-one);
Dehydrochloromethyltestosterone (4-chloro-17β-hydroxy-17α-methyl-androst-1,4-dien-3-one);
Δ 1-dihydrotestosterone (a.k.a. "1-testosterone") (17β-hydroxy-5α-androst-1-en-3-one);
4-dihydrotestosterone (17β-hydroxy-androstan-3-one);
Drostanolone (17β-hydroxy-2α-methyl-5α-androstan-3-one);
Ethylestrenol (17α-ethyl-17β-hydroxyestr-4-ene);
Fluoxymesterone (9-fluoro-17α-methyl-11β, 17β-dihydroxyandrost-4-en-3-one);
Formebolone (2-formyl-17α-methyl-11α, 17β-dihydroxyandrost-1,4-dien-3-one);
Furazabol [17α-methyl-17β-hydroxyandrostano(2,3-c)-furazan];
13β-ethyl-17β-hydroxygon-4-en-3-one;
4-hydroxytestosterone (4,17β-dihydroxy-androst-4-en-3-one);
4-hydroxy-19-nortestosterone (4,17β-dihydroxy-estr-4-en-3-one);
Methandienone (17α-methyl-17β-hydroxy-5α-androstan-3-one);
Mesterolone [1α-methyl-17β-hydroxy-(5α)-androstan-3-one];
Mestandienone (17α-methyl-17β-hydroxyandrost-1,4-dien-3-one);
Methandriol (17α-methyl-3β,17β-dihydroxyandrost-5-ene);
Methenolone (1-methyl-17β-hydroxy-5α-androst-1-en-3-one);
17α-methyl-3β, 17β-dihydroxy-5α-androstane;
17α-methyl-3α, 17β-dihydroxy-5α-androstane;
17α-methyl-3β, 17β-dihydroxyandrost-4-ene;
17α-methyl-4-hydroxynandrolone (17α-methyl-4-hydroxy-17β-hydroxyestr-4-en-3-one);
Methyldienolone (17α-methyl-17β-hydroxyestra-4,9(10)-dien-3-one);
Methyltrienolone (17α-methyl-17β-hydroxyestra-4,9-11-trien-3-one);
Methyltestosterone (17α-methyl-17β-hydroxyandrost-4-en-3-one);
Mibolerone (7α, 17α-dimethyl-17β-hydroxyestr-4-en-3-one);
17α-methyl-Δ 1-dihydrotestosterone (17β-hydroxy-17α-methyl-5α-androst-1-en-3-one)
(a.k.a. "17-α-methyl-1-testosterone");
Nandrolone(17β-hydroxyestr-4-en-3-one);
Norbolethone (13β, 17α-diethyl-17β-hydroxygon-4-en-3-one);
Norclostebol (4-chloro-17β-hydroxyestr-4-en-3-one);
Norethandrolone (17α-ethyl-17β-hydroxyestr-4-en-3-one);
Normethandrolone (17α-methyl-17β-hydroxyestr-4-en-3-one);
Oxandrolone [17α-methyl-17β-hydroxy-2-oxa-(5α)-androstan-3-one];
Oxymesterone (17α-methyl-4,17β-dihydroxyandrost-4-en-3-one);
Oxymetholone [17α-methyl-2-hydroxymethylene-17β-hydroxy-(5α)-androstan-3-one];
Stanozolol [17α-methyl-17β-hydroxy-(5α)-androst-2-eno(3,2-c)-pyrazole];
Stenbolone [17β-hydroxy-2-methyl-(5α)-androst-1-en-3-one];
Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic
acid lactone);
Testosterone (17β-hydroxyandrost-4-en-3-one);
Tetrahydrogestrinone (13β,17α-diethyl-17β-hydroxygon-4,9,
11-trien-3-one);
Trenbolone (17β-hydroxyestr-4,9,11-trien-3-one); and
Any salt, ester, or ether of a drug or substance described in
this definition.
The substances excluded under this definition may at any time
be scheduled by the Menominee Tribal Legislative Committee in accordance
with its authority.
An overt act that is done with the intent to commit a crime
but falls short of completing the crime.
Occurs when two or more persons combine, confederate, and/or
agree together and with each other to commit an unlawful act.
Except as provided in Subsection D(3), the term "controlled
substance analog" means a substance:
The chemical structure of which is substantially similar to
the chemical structure of a controlled substance in Schedule I or
II;
Which has a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to or
greater than the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a controlled substance in Schedule I
or II; or
With respect to a particular person, which such person represents
or intends to have a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to or
greater than the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a controlled substance in Schedule I
or II.
A controlled substance which, or the container or labeling
of which, without authorization, bears the trademark, trade name or
other identifying mark, imprint, number or device, or any likeness
thereof, or a manufacturer, distributor or dispenser other than the
person who in fact manufactured, distributed or dispensed the substance.
The actual, constructive, or attempted transfer of a controlled
substance or controlled substance analog, whether or not there exists
an agency relationship.
A drug which contains any quantity of barbituric acid or
any of the salts of barbituric acid; or any drug which contains any
quantity of a substance which the Legislature has found to have, and
by regulation is designated as having, a potential for abuse because
of its depressant or stimulant effect on the central nervous system
or its hallucinogenic effect.
To deliver a controlled substance to an ultimate user or
research subject by, or pursuant to the lawful order of, a practitioner,
including the prescribing and the administering of a controlled substance
and the packaging, labeling or compounding necessary to prepare the
substance for such delivery.
A person who so delivers a controlled substance or controlled
substance analog.
To deliver (other than by administering or dispensing) a
controlled substance or controlled substance analog.
A person who so distributes a controlled substance or controlled
substance analog.
Any of the following, with the exception of devices or their
components, parts or accessories:
A substance recognized as a drug in the official United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States
or official National Formulary or any supplement to any of them.
A substance intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in humans or animals.
A substance, other than food, intended to affect the structure
or any function of the body of humans or animals.
All equipment, products and materials of any kind that are
used, designed for use or primarily intended for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body a
controlled substance or controlled substance analog in violation of
this Part 1. "Drug paraphernalia" includes, but is not limited to,
any of the following:
Kits used, designed for use or primarily intended for use in
planting, propagating, cultivating, growing or harvesting of any species
of plant that is a controlled substance or from which a controlled
substance or controlled substance analog can be derived.
Kits used, designed for use or primarily intended for use in
manufacturing, compounding, converting, producing, processing or preparing
controlled substances or controlled substance analogs.
Isomerization devices used, designed for use or primarily intended
for use in increasing the potency of any species of plant that is
a controlled substance.
Testing equipment used, designed for use or primarily intended
for use in identifying, or in analyzing the strength, effectiveness
or purity of, controlled substances or controlled substance analogs.
Scales and balances used, designed for use or primarily intended
for use in weighing or measuring controlled substances or controlled
substance analogs.
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, designed for use or primarily
intended for use in cutting controlled substances or controlled substance
analogs.
Separation gins and sifters used, designed for use or primarily
intended for use in removing twigs and seeds from, or in otherwise
cleaning or refining, marijuana.
Blenders, bowls, containers, spoons and mixing devices used,
designed for use or primarily intended for use in compounding controlled
substances or controlled substance analogs.
Capsules, balloons, envelopes and other containers used, designed
for use or primarily intended for use in packaging small quantities
of controlled substances or controlled substance analogs.
Containers and other objects used, designed for use or primarily
intended for use in storing or concealing controlled substances or
controlled substance analogs.
Objects used, designed for use or primarily intended for use
in ingesting, inhaling or otherwise introducing marijuana, cocaine,
hashish or hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes,
with or without screens, permanent screens, hashish heads or punctured
metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
Roach clips, meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Bongs.
Ice pipes or chillers.
Drug paraphernalia excludes:
Hypodermic syringes, needles and other objects used or intended
for use in parenterally injecting substances, which the user is lawfully
in possession of and/or prescribed to use, into the human body.
Any items, including pipes, papers and accessories, that are
designed for use or primarily intended for use with tobacco products,
and which evidence tends to show were being used with tobacco products.
"Primarily" means chiefly or mainly.
Any material, compound, mixture, or preparation that contains
any quantity of ephedrine or any of its salts, isomers, and salts
of isomers.
Gamma-butyolactone as packaged, marketed, manufactured, or
promoted for human consumption, but does not include gamma-butyrolactone
intended for use or consumption in or for mechanical, industrial,
manufacturing, or scientific applications or purposes.
A substance which the Menominee Tribal Legislature has found
to be and by rule designates as being the principal compound commonly
used or produced primarily for use, and which is an immediate chemical
intermediary used or likely to be used in the manufacture of a controlled
substance, the control of which is necessary to prevent, curtail or
limit manufacture.
The optical isomer, geometric, or positional isomer.
The production (See definition.), preparation, propagation,
compounding, or processing of a drug or other substance, either directly
or indirectly or by extraction from substances of natural origin,
or independently by means of chemical synthesis or by a combination
of extraction and chemical synthesis, and includes any packaging or
repackaging of such substance or labeling or relabeling of its container;
except that such term does not include the preparation, compounding,
packaging, or labeling of a drug or other substance in conformity
with applicable federal, state, or tribal law by a practitioner as
an incident to his administration or dispensing of such drug or substance
in the course of his professional practice.
A person who manufactures a drug or other substance.
All parts of the plant Cannabis sativa L., whether growing
or not; the seeds thereof; the resin extracted from any part of such
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of such plant, its seeds or resin. Such term does not
include the mature stalks of such plant, fiber produced from such
stalks, oil or cake made from the seeds of such plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of such mature
stalks (except the resin extracted therefrom), fiber, oil, or cake,
or the sterilized seed of such plant which is incapable of germination.
Any of the following, whether produced directly or indirectly
by extraction from substances of vegetable origin or independently
by means of chemical synthesis or by a combination of extraction and
chemical synthesis:
Opium, opiates, derivatives of opium and opiates, including
their isomers, esters, ethers, salts, and salts of isomers, esters,
and ethers, whenever the existence of such isomers, esters, ethers,
and salts is possible within the specific chemical designation. Such
term does not include the isoquinoline alkaloids of opium.
Poppy straw and concentrate of poppy straw.
Coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine or their
salts have been removed.
Cocaine, its salts, optical and geometric isomers, and salts
of isomers.
Ecgonine, its derivatives, their salts, isomers, and salts of
isomers.
Any drug or other substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable
of conversion into a drug having such addiction-forming or addiction-sustaining
liability.
The plant of the species Papaver somniferum L., except the
seed thereof.
For the purposes of this Part 1, a park shall be defined
as a piece of land that is kept free of houses and is to be used for
pleasure, gathering of the public, exercise, or recreational activities.
All parts, except the seeds, of the opium poppy, after mowing.
A physician, dentist, veterinarian, scientific investigator,
pharmacy, hospital, or other person licensed, registered, or otherwise
permitted, by the United States or the jurisdiction in which he practices
or does research, to distribute, dispense, conduct research with respect
to, administer, or use in teaching or chemical analysis a controlled
substance in the course of professional practice or research.
Includes the manufacture, planting, cultivation, growing,
or harvesting of a controlled substance.
A material, compound, mixture, or preparation containing
any quantity of pseudoephedrine or any of its salts, isomers, or salts
of isomers, but does not include such a product if any of the following
applies:
The product is a pseudoephedrine liquid or a liquid-filled pseudoephedrine
gel cap. This subsection does not apply if the Menominee Tribal Legislature
has determined that the product can be readily used in the manufacture
of methamphetamine.
The Menominee Tribal Legislature determined that the product
cannot be used in the manufacture of methamphetamine.
A product that is intended to be sold at retail, that is
liquid at room temperature, and that contains pseudoephedrine or any
of its salts, isomers, or salts of its isomers.
A drug which contains any quantity of amphetamine or any
of its optical isomers; any salt of amphetamine or any salt of an
optical isomer of amphetamine; or any substance which the Menominee
Tribal Legislature has found to be, and by regulation designated as,
habit forming or having a potential for abuse because of its stimulant
effect on the central nervous system or its hallucinogenic effect.
The actual or constructive transfer of a controlled substance
from one person to another.
An agency, hospital, or other institution licensed, certified,
registered, or recognized by the Menominee Tribal Legislature to provide
outpatient or inpatient treatment for drug use and/or abuse.
A person who has lawfully obtained, and who possesses, a
controlled substance for his own use or for the use of a member of
his household or for an animal owned by him or by a member of his
household.
