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Abusable Synthetic Substances

Montana Brown and Jesse High Act (HB 1212)

In 2015, the 84th Regular Session of the Legislature passed the Montana Brown and Jesse High Act, which was signed into law by the Governor.  The law directs the DSHS Commissioner to designate a consumer product as an abusable synthetic substance if the importation, manufacture, distribution, or retail sale of the product poses a threat to public health.

The Commissioner must consider several factors when making this decision. Included in those factors are the price of the product; the clandestine nature of the importation, manufacture, distribution, or diversion from legitimate channels; evidence suggesting the product is intended for human consumption; the appearance of the packaging; what information the seller provides about the product; and the method by which the product is sold.

Products designated as abusable synthetic substances are subject to enforcement action, including administrative, civil or criminal penalties.

Reporting Abusable Synthetic Substances

Photos of product packaging are required to report a substance.

To report a possible abusable synthetic substance for consideration by DSHS, please complete the Abusable Synthetic Substances Reporting Form.

Last updated January 27, 2016