Forget explicitly banning drugs. Toss away the discussion of similar chemical structures and "analogue" acts. There is now new broad legislation pending in Minnesota that simply expands on the definition of the word "drug". Minnesota HF2446 has been referred to the MN House Health and Human Services Policy committee.
Previously, the word "drug" was defined as "all medicinal substances and preparations recognized by the United States Pharmacopoeia and National Formulary, or any revision
thereof, and all substances and preparations intended for external and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals, and all substances and preparations, other than food, intended to affect the structure or any function of the bodies of humans or other animals."
The bill adds the following to the definition...
"Drug shall also mean any compound, substance, or derivative which is not regulated or approved for human consumption by the United States Food and Drug Administration or specifically permitted by Minnesota law, and when introduced into the body, induces an effect substantially similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02, subdivisions 21.23 and 3; and Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the purpose of human consumption."
If passed and signed into law, it becomes effective on August 1, 2014. The bill also includes language on misbranding and adulteration. I recommend reading it completely if interested.
It'll be interesting to see how this plays out. I've been waiting for legislation similar to this piece to be written and introduced. It was only a matter of time. If this gains traction, then look for other state legislatures to move in a similar direction.