Appeals Court: Khat is illegal in Minnesota

Smuggled khat
A bag full of the drug khat authorities say they confiscated from a smuggler at Chicago's O'Hare International Airport this spring.
Photo courtesy of U.S. Customs and Border Protection

The Minnesota Court of Appeals says possessing khat is illegal under state law.

The court issued the ruling Tuesday, in a case involving two men convicted of possessing the plant native to East Africa. The plant gives users a high when it is chewed.

Attorneys for the men challenged the convictions, saying state law prohibits possessing "mixtures" containing controlled substances. They said since khat is a plant, it is not a mixture.

But the appeals court says the legal definition of "mixture" includes anything that has mass and occupies space - and the judges say the plant fits that definition.

In addition, the judges say khat contains cathinone, which is a controlled substance under state law.

The court upheld the convictions.

(Copyright 2010 by The Associated Press. All Rights Reserved.)

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