1.1                          A bill for an act
  1.2             relating to public safety; scheduling ephedrine and 
  1.3             pseudoephedrine products as Schedule V controlled 
  1.4             substances; regulating the sale of methamphetamine 
  1.5             precursor drugs; requiring prescriptions from 
  1.6             veterinarians for products for animals containing 
  1.7             ephedrine or pseudoephedrine; providing criminal 
  1.8             penalties; amending Minnesota Statutes 2004, sections 
  1.9             152.02, subdivision 6; 152.027, subdivisions 1, 2; 
  1.10            152.135, subdivision 2; proposing coding for new law 
  1.11            in Minnesota Statutes, chapter 35. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [35.051] [EPHEDRINE AND PSEUDOEPHEDRINE 
  1.14  PRODUCTS.] 
  1.15     Subdivision 1.  [PRESCRIPTION REQUIRED.] Drugs and products 
  1.16  for any species of animal that contain ephedrine or 
  1.17  pseudoephedrine require a written prescription from a 
  1.18  veterinarian to be sold or distributed for lay use. 
  1.19     Subd. 2.  [SALE AND PURCHASE RESTRICTIONS.] A drug or 
  1.20  product for any species of animal containing ephedrine or 
  1.21  pseudoephedrine may only be dispensed, sold, or distributed by a 
  1.22  veterinarian or a veterinary assistant under the supervision or 
  1.23  direction of a veterinarian.  A person who is not a veterinarian 
  1.24  may not purchase a drug or product for animal consumption 
  1.25  containing ephedrine or pseudoephedrine without a prescription. 
  1.26     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
  1.27  and applies to crimes committed on or after that date.  
  1.28     Sec. 2.  Minnesota Statutes 2004, section 152.02, 
  2.1   subdivision 6, is amended to read: 
  2.2      Subd. 6.  [SCHEDULE V; RESTRICTIONS ON METHAMPHETAMINE 
  2.3   PRECURSOR DRUGS.] (a) As used in this subdivision, the following 
  2.4   terms have the meanings given:  
  2.5      (1) "methamphetamine precursor drug" means any compound, 
  2.6   mixture, or preparation intended for human consumption 
  2.7   containing ephedrine or pseudoephedrine as its sole active 
  2.8   ingredient or as one of its active ingredients; and 
  2.9      (2) "over-the-counter sale" means a retail sale of a drug 
  2.10  or product but does not include the sale of a drug or product 
  2.11  pursuant to the terms of a valid prescription.  
  2.12     (b) The following items are listed in Schedule V: 
  2.13     (1) any compound, mixture, or preparation containing any of 
  2.14  the following limited quantities of narcotic drugs, which shall 
  2.15  include one or more nonnarcotic active medicinal ingredients in 
  2.16  sufficient proportion to confer upon the compound, mixture or 
  2.17  preparation valuable medicinal qualities other than those 
  2.18  possessed by the narcotic drug alone~~;~~:  
  2.19     ~~(1)~~ (i) not more than 100 milligrams of dihydrocodeine per 
  2.20  100 milliliters or per 100 grams~~.~~; 
  2.21     ~~(2)~~ (ii) not more than 100 milligrams of ethylmorphine per 
  2.22  100 milliliters or per 100 grams~~.~~; 
  2.23     ~~(3)~~ (iii) not more than 2.5 milligrams of diphenoxylate and 
  2.24  not less than 25 micrograms of atropine sulfate per dosage 
  2.25  unit~~.~~; or 
  2.26     ~~(4)~~ (iv) not more than 15 milligrams of anhydrous morphine 
  2.27  per 100 milliliters or per 100 grams; and 
  2.28     (2) any compound, mixture, or preparation containing 
  2.29  ephedrine or pseudoephedrine as its sole active ingredient or as 
  2.30  one of its active ingredients. 
  2.31     (c) No person may sell in a single over-the-counter sale 
  2.32  more than two packages of a methamphetamine precursor drug or a 
  2.33  combination of methamphetamine precursor drugs or any 
  2.34  combination of packages exceeding a total weight of six grams. 
  2.35     (d) Over-the-counter sales of methamphetamine precursor 
  2.36  drugs are limited to: 
  3.1      (1) packages containing not more than a total of three 
  3.2   grams of one or more methamphetamine precursor drugs, calculated 
  3.3   in terms of ephedrine base or pseudoephedrine base; or 
  3.4      (2) for nonliquid products, sales in blister packs, where 
  3.5   each blister contains not more than two dosage units, or, if the 
  3.6   use of blister packs is not technically feasible, sales in unit 
  3.7   dose packets or pouches. 
  3.8      (e) A business establishment that offers for sale 
  3.9   methamphetamine precursor drugs in an over-the-counter sale 
  3.10  shall ensure that all packages of the drugs are displayed behind 
  3.11  a checkout counter where the public is not permitted and are 
  3.12  offered for sale only by a licensed pharmacist, a registered 
  3.13  pharmacy technician, or a pharmacy clerk.  The establishment 
  3.14  shall ensure that the person making the sale requires the buyer: 
  3.15     (1) to provide photographic identification showing the 
  3.16  buyer's date of birth; and 
  3.17     (2) to sign a written document detailing the date of the 
  3.18  sale, the name and date of birth of the buyer, and the amount of 
  3.19  the drug sold.  The pharmacy shall maintain the written 
  3.20  documents described in clause (2) for audit or examination by 
  3.21  law enforcement officials for a period of two years from the 
  3.22  date of the transaction and shall provide the documents upon 
  3.23  request by a law enforcement official.  Nothing in this 
  3.24  paragraph requires the buyer to obtain a prescription for the 
  3.25  drug's purchase.  
  3.26     (f) No person may acquire through over-the-counter sales 
  3.27  more than six grams of methamphetamine precursor drugs within a 
  3.28  30-day period.  
  3.29     (g) No person may sell in an over-the-counter sale a 
  3.30  methamphetamine precursor drug to a person under the age of 18 
  3.31  years.  It is an affirmative defense to a charge under this 
  3.32  paragraph if the defendant proves by a preponderance of the 
  3.33  evidence that the defendant reasonably and in good faith relied 
  3.34  on proof of age as described in section 340A.503, subdivision 6. 
  3.35     (h) A person who knowingly violates paragraph (c), (d), 
  3.36  (e), (f), or (g) is guilty of a misdemeanor and may be sentenced 
  4.1   to imprisonment for not more than 90 days, or to payment of a 
  4.2   fine of not more than $1,000, or both. 
  4.3      (i) Paragraphs (c) to (h) do not apply to: 
  4.4      (1) pediatric products labeled pursuant to federal 
  4.5   regulation primarily intended for administration to children 
  4.6   under 12 years of age according to label instructions; 
  4.7      (2) methamphetamine precursor drugs that are certified by 
  4.8   the Board of Pharmacy as being manufactured in a manner that 
  4.9   prevents the drug from being used to manufacture 
  4.10  methamphetamine; 
  4.11     (3) methamphetamine precursor drugs in gel capsule or 
  4.12  liquid form; or 
  4.13     (4) compounds, mixtures, or preparations in powder form 
  4.14  where pseudoephedrine constitutes less than one percent of its 
  4.15  total weight and is not its sole active ingredient.  
  4.16     (j) The Board of Pharmacy, in consultation with the 
  4.17  commissioner of public safety, shall certify methamphetamine 
  4.18  precursor drugs that meet the requirements of paragraph (i), 
  4.19  clause (2), and publish an annual listing of these drugs.  
  4.20     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
  4.21  and applies to crimes committed on or after that date. 
  4.22     Sec. 3.  Minnesota Statutes 2004, section 152.027, 
  4.23  subdivision 1, is amended to read: 
  4.24     Subdivision 1.  [SALE OF SCHEDULE V CONTROLLED SUBSTANCE.] 
  4.25  Except as provided in section 152.02, subdivision 6, a person 
  4.26  who unlawfully sells one or more mixtures containing a 
  4.27  controlled substance classified in schedule V may be sentenced 
  4.28  to imprisonment for not more than one year or to payment of a 
  4.29  fine of not more than $3,000, or both. 
  4.30     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
  4.31  and applies to crimes committed on or after that date.  
  4.32     Sec. 4.  Minnesota Statutes 2004, section 152.027, 
  4.33  subdivision 2, is amended to read: 
  4.34     Subd. 2.  [POSSESSION OF SCHEDULE V CONTROLLED SUBSTANCE.] 
  4.35  Except as provided in section 152.02, subdivision 6, a person 
  4.36  who unlawfully possesses one or more mixtures containing a 
  5.1   controlled substance classified in schedule V may be sentenced 
  5.2   to imprisonment for not more than one year or to payment of a 
  5.3   fine of not more than $3,000, or both.  The court may order that 
  5.4   a person who is convicted under this subdivision and placed on 
  5.5   probation be required to take part in a drug education program 
  5.6   as specified by the court. 
  5.7      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
  5.8   and applies to crimes committed on or after that date.  
  5.9      Sec. 5.  Minnesota Statutes 2004, section 152.135, 
  5.10  subdivision 2, is amended to read: 
  5.11     Subd. 2.  [EXCEPTIONS.] (a) A drug product containing 
  5.12  ephedrine, its salts, optical isomers, and salts of optical 
  5.13  isomers is exempt from subdivision 1 if the drug product: 
  5.14     (1) may be lawfully sold over the counter without a 
  5.15  prescription under the federal Food, Drug, and Cosmetic Act, 
  5.16  United States Code, title 21, section 321, et seq.; 
  5.17     (2) is labeled and marketed in a manner consistent with the 
  5.18  pertinent OTC Tentative Final or Final Monograph; 
  5.19     (3) is manufactured and distributed for legitimate 
  5.20  medicinal use in a manner that reduces or eliminates the 
  5.21  likelihood of abuse; 
  5.22     (4) is not marketed, advertised, or labeled for the 
  5.23  indication of stimulation, mental alertness, weight loss, muscle 
  5.24  enhancement, appetite control, or energy; ~~and~~ 
  5.25     (5) is in solid oral dosage forms, including soft gelatin 
  5.26  caplets, that combine 400 milligrams of guaifenesin and 25 
  5.27  milligrams of ephedrine per dose, according to label 
  5.28  instructions; or is an anorectal preparation containing not more 
  5.29  than five percent ephedrine; and 
  5.30     (6) is sold in a manner that does not conflict with section 
  5.31  152.02, subdivision 6. 
  5.32     (b) Subdivisions 1 and 3 shall not apply to products 
  5.33  containing ephedra or ma huang and lawfully marketed as dietary 
  5.34  supplements under federal law.  
  5.35     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
  5.36  and applies to crimes committed on or after that date.