SF 51

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; scheduling ephedrine and
pseudoephedrine products as Schedule V controlled
substances; regulating the sale of methamphetamine
precursor drugs; requiring prescriptions from
veterinarians for products for animals containing
ephedrine or pseudoephedrine; requiring the
commissioner of public safety to develop a plan for
implementation of a centralized computer to enable
pharmacies to carry out imposed duties; providing
criminal penalties; amending Minnesota Statutes 2004,
sections 152.02, subdivision 6; 152.027, subdivisions
1, 2; 152.135, subdivision 2; proposing coding for new
law in Minnesota Statutes, chapter 35.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [35.051] EPHEDRINE AND PSEUDOEPHEDRINE
PRODUCTS.
new text end

new text begin Subdivision 1. new text end

new text begin Prescription required. new text end

new text begin Drugs and products
for any species of animal that contain ephedrine or
pseudoephedrine require a written prescription from a
veterinarian to be sold or distributed for lay use.
new text end

new text begin Subd. 2. new text end

new text begin Sale and purchase restrictions. new text end

new text begin A drug or
product for any species of animal containing ephedrine or
pseudoephedrine may only be dispensed, sold, or distributed by a
veterinarian or a veterinary assistant under the supervision or
direction of a veterinarian. A person who is not a veterinarian
may not purchase a drug or product for animal consumption
containing ephedrine or pseudoephedrine without a prescription.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the 30th day
following final enactment, and applies to crimes committed on or
after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 152.02,
subdivision 6, is amended to read:

Subd. 6.

Schedule v; restrictions on methamphetamine
precursor drugs.

new text begin (a) As used in this subdivision, the following
terms have the meanings given:
new text end

new text begin (1) "methamphetamine precursor drug" means any compound,
mixture, or preparation intended for human consumption
containing ephedrine or pseudoephedrine as its sole active
ingredient or as one of its active ingredients; and
new text end

new text begin (2) "over-the-counter sale" means a retail sale of a drug
or product but does not include the sale of a drug or product
pursuant to the terms of a valid prescription.
new text end

new text begin (b) new text end The following items are listed in Schedule V:

new text begin (1) new text end any compound, mixture, or preparation containing any of
the following limited quantities of narcotic drugs, which shall
include one or more nonnarcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture or
preparation valuable medicinal qualities other than those
possessed by the narcotic drug alone deleted text begin ; deleted text end new text begin :
new text end

deleted text begin (1) deleted text end new text begin (i) new text end not more than 100 milligrams of dihydrocodeine per
100 milliliters or per 100 grams deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (2) deleted text end new text begin (ii) new text end not more than 100 milligrams of ethylmorphine per
100 milliliters or per 100 grams deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (3) deleted text end new text begin (iii) new text end not more than 2.5 milligrams of diphenoxylate and
not less than 25 micrograms of atropine sulfate per dosage
unit deleted text begin . deleted text end new text begin ; or
new text end

deleted text begin (4) deleted text end new text begin (iv) new text end not more than 15 milligrams of anhydrous morphine
per 100 milliliters or per 100 grams new text begin ; and
new text end

new text begin (2) any compound, mixture, or preparation containing
ephedrine or pseudoephedrine as its sole active ingredient or as
one of its active ingredients new text end .

new text begin (c) No person may sell in a single over-the-counter sale
more than two packages of a methamphetamine precursor drug or a
combination of methamphetamine precursor drugs or any
combination of packages exceeding a total weight of six grams.
new text end

new text begin (d) Over-the-counter sales of methamphetamine precursor
drugs are limited to:
new text end

new text begin (1) packages containing not more than a total of three
grams of one or more methamphetamine precursor drugs, calculated
in terms of ephedrine base or pseudoephedrine base; or
new text end

new text begin (2) for nonliquid products, sales in blister packs, where
each blister contains not more than two dosage units, or, if the
use of blister packs is not technically feasible, sales in unit
dose packets or pouches.
new text end

new text begin (e) A business establishment that offers for sale
methamphetamine precursor drugs in an over-the-counter sale
shall ensure that all packages of the drugs are displayed behind
a checkout counter where the public is not permitted and are
offered for sale only by a licensed pharmacist, a registered
pharmacy technician, or a pharmacy clerk. The establishment
shall ensure that the person making the sale requires the buyer:
new text end

new text begin (1) to provide photographic identification showing the
buyer's date of birth; and
new text end

new text begin (2) to sign a written or electronic document detailing the
date of the sale, the name and date of birth of the buyer, and
the amount of the drug sold.
new text end

new text begin The pharmacy shall maintain the documents described in clause
(2) for audit or examination by law enforcement officials for a
period of two years from the date of the transaction and shall
provide the documents upon request by a law enforcement
official. These documents may be provided only to a law
enforcement official and the documents or information they
contain may not be sold, transferred, or used in any other
manner by the pharmacy or by any other person. Nothing in this
paragraph requires the buyer to obtain a prescription for the
drug's purchase.
new text end

new text begin (f) No person may acquire through over-the-counter sales
more than six grams of methamphetamine precursor drugs within a
30-day period.
new text end

new text begin (g) No person may sell in an over-the-counter sale a
methamphetamine precursor drug to a person under the age of 18
years. It is an affirmative defense to a charge under this
paragraph if the defendant proves by a preponderance of the
evidence that the defendant reasonably and in good faith relied
on proof of age as described in section 340A.503, subdivision 6.
new text end

new text begin (h) A person who knowingly violates paragraph (c), (d),
(e), (f), or (g) is guilty of a misdemeanor and may be sentenced
to imprisonment for not more than 90 days, or to payment of a
fine of not more than $1,000, or both.
new text end

new text begin (i) Paragraphs (c) to (h) do not apply to:
new text end

new text begin (1) pediatric products labeled pursuant to federal
regulation primarily intended for administration to children
under 12 years of age according to label instructions;
new text end

new text begin (2) methamphetamine precursor drugs that are certified by
the Board of Pharmacy as being manufactured in a manner that
prevents the drug from being used to manufacture
methamphetamine;
new text end

new text begin (3) methamphetamine precursor drugs in gel capsule or
liquid form; or
new text end

new text begin (4) compounds, mixtures, or preparations in powder form
where pseudoephedrine constitutes less than one percent of its
total weight and is not its sole active ingredient.
new text end

new text begin (j) The Board of Pharmacy, in consultation with the
commissioner of public safety, shall certify methamphetamine
precursor drugs that meet the requirements of paragraph (i),
clause (2), and publish an annual listing of these drugs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the 30th day
following final enactment, and applies to crimes committed on or
after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 152.027,
subdivision 1, is amended to read:

Subdivision 1.

Sale of schedule v controlled substance.

new text begin Except as provided in section 152.02, subdivision 6, new text end a person
who unlawfully sells one or more mixtures containing a
controlled substance classified in schedule V may be sentenced
to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the 30th day
following final enactment, and applies to crimes committed on or
after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 152.027,
subdivision 2, is amended to read:

Subd. 2.

Possession of schedule v controlled substance.

new text begin Except as provided in section 152.02, subdivision 6, new text end a person
who unlawfully possesses one or more mixtures containing a
controlled substance classified in schedule V may be sentenced
to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both. The court may order that
a person who is convicted under this subdivision and placed on
probation be required to take part in a drug education program
as specified by the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the 30th day
following final enactment, and applies to crimes committed on or
after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 152.135,
subdivision 2, is amended to read:

Subd. 2.

Exceptions.

(a) A drug product containing
ephedrine, its salts, optical isomers, and salts of optical
isomers is exempt from subdivision 1 if the drug product:

(1) may be lawfully sold over the counter without a
prescription under the federal Food, Drug, and Cosmetic Act,
United States Code, title 21, section 321, et seq.;

(2) is labeled and marketed in a manner consistent with the
pertinent OTC Tentative Final or Final Monograph;

(3) is manufactured and distributed for legitimate
medicinal use in a manner that reduces or eliminates the
likelihood of abuse;

(4) is not marketed, advertised, or labeled for the
indication of stimulation, mental alertness, weight loss, muscle
enhancement, appetite control, or energy; deleted text begin and
deleted text end

(5) is in solid oral dosage forms, including soft gelatin
caplets, that combine 400 milligrams of guaifenesin and 25
milligrams of ephedrine per dose, according to label
instructions; or is an anorectal preparation containing not more
than five percent ephedrine new text begin ; and
new text end

new text begin (6) is sold in a manner that does not conflict with section
152.02, subdivision 6 new text end .

(b) Subdivisions 1 and 3 shall not apply to products
containing ephedra or ma huang and lawfully marketed as dietary
supplements under federal law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the 30th day
following final enactment, and applies to crimes committed on or
after that date.
new text end

Sec. 6. new text begin DEVELOPMENT OF COMPUTER SYSTEM; REPORT.
new text end

new text begin The commissioner of public safety shall develop a plan for
the implementation by July 1, 2006, of a centralized computer or
electronic system to enable pharmacies to carry out their duties
under Minnesota Statutes, section 152.02, subdivision 6,
paragraph (e), clause (2), electronically or by the Internet.
By February 1, 2006, the commissioner shall report on the plan
to the legislature. The report must include a proposal to
enable pharmacies to switch from written logs to electronic logs
that are compatible with the proposed system, and suggested
statutory changes and a cost estimate to accomplish this.
new text end