Appeals Court: Khat is illegal in Minnesota

Published 1:35 pm Tuesday, November 23, 2010

MINNEAPOLIS  — 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.