HF 89

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime; regulating the sale of
methamphetamine precursor substances; amending
Minnesota Statutes 2004, sections 152.0974; 152.135,
subdivisions 2, 5, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2004, section 152.0974, is
amended to read:

152.0974 EXCEPTIONS.

Sections 152.0971 to 152.0974 do not apply to:

(1) a pharmacist or other authorized person who sells or
furnishes a precursor substance on the prescription of a
physician, dentist, podiatrist, or veterinarian;

(2) a physician, dentist, podiatrist, or veterinarian who
administers or furnishes a precursor substance to patients;

(3) a manufacturer or wholesaler licensed by the state
Board of Pharmacy who sells, transfers, or otherwise furnishes a
precursor substance to a licensed pharmacy, physician, dentist,
podiatrist, or veterinarian; or

(4) the furnishing or receipt of a drug that contains
ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine and is lawfully furnished over the counter
without a prescription under the federal Food, Drug, and
Cosmetic Act, United States Code, title 21, chapter 9, or
regulations adopted under that act.

new text begin These exceptions do not apply to the obligations and
reporting requirements in section 152.135.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
for transactions made on or after that date.
new text end

Sec. 2.

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

Subd. 2.

Exceptions.

deleted text begin (a) deleted text end A drug product containing
ephedrine, its salts, optical isomers, deleted text begin and deleted text end new text begin or new text end 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; and

(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.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
for transactions made on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 152.135,
subdivision 5, is amended to read:

Subd. 5.

Sales for illicit purposes prohibited.

It is
unlawful for a person to sell, distribute, or otherwise make
available a product containing ephedrine, pseudoephedrine,
new text begin norpseudophedrine, new text end or phenylpropanolamine or their salts,
optical isomers, or salts of optical isomers if the person knows
or reasonably should know that the product will be used as a
precursor to an illegal substance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
for transactions made on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 152.135, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Sale regulations. new text end

new text begin (a) Except as provided in
this section, a material, compound, mixture, or preparation that
contains any quantity of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine, or their salts,
optical isomers, or salts of optical isomers, may be dispensed
only in a pharmacy by, or under the supervision of, a licensed
pharmacist, assistant pharmacist, or pharmacist intern.
new text end

new text begin (b) Any person purchasing, receiving, or otherwise
acquiring any compound, mixture, or preparation that contains
any quantity of ephedrine, pseudoephedrine, norpseudoephedrine,
or phenylpropanolamine, or their salts, optical isomers, or
salts of optical isomers, shall produce a photo identification
showing the date of birth of the person and shall sign a written
log, receipt, or other program or mechanism approved by the
Bureau of Criminal Apprehension showing the date of the
transaction, name of the person, and amount of the compound,
mixture, or preparation.
new text end

new text begin (c) Except as dispensed pursuant to a valid prescription,
no person shall purchase, receive, or otherwise acquire more
than nine grams of any product, mixture, or preparation that
contains any quantity of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine, or their salts,
optical isomers, or salts of optical isomers within any 30-day
period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
for transactions made on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 152.135, is
amended by adding a subdivision to read:

new text begin Subd. 5b. new text end

new text begin Exceptions. new text end

new text begin A drug product containing
ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine, or their salts, optical isomers, or salts
of optical isomers is exempt from subdivision 5a if:
new text end

new text begin (1) the drug product is in liquid, liquid capsule, or gel
capsule form; and
new text end

new text begin (2) ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine is not the only active ingredient.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
for transactions made on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 152.135, is
amended by adding a subdivision to read:

new text begin Subd. 5c. new text end

new text begin Reporting sales. new text end

new text begin (a) A pharmacy that dispenses
a drug product containing any quantity of ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, or
their salts, optical isomers, or salts of optical isomers, which
is subject to the requirements under subdivision 5a, shall
transmit, to a central repository designated by the commissioner
of public safety, information required by rules adopted by the
commissioner of public safety.
new text end

new text begin (b) A pharmacy shall retain a copy of its written log
mandated under subdivision 5a for five years. All written logs
are subject to inspection by the Bureau of Criminal Apprehension.
new text end

new text begin (c) Once established, all reports relating to paragraph (a)
shall be open to inspection by the Bureau of Criminal
Apprehension during regular business hours.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
for transactions made on or after that date.
new text end

Sec. 7. new text begin COMMISSIONER OF PUBLIC SAFETY; RULE ADOPTION.
new text end

new text begin The commissioner of public safety shall:
new text end

new text begin (1) adopt rules for the reporting of sales of
methamphetamine precursor drugs required under Minnesota
Statutes, section 152.135, subdivisions 5a and 5c; and
new text end

new text begin (2) implement a statewide real-time log book that records
and reports purchases subject to the reporting requirements in
Minnesota Statutes, section 152.135, subdivision 5c.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end