HF 90

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

A bill for an act
relating to crime prevention and public safety;
regulating the sale of methamphetamine precursor
drugs; imposing criminal penalties; amending Minnesota
Statutes 2004, section 152.135, subdivision 2;
proposing coding for new law in Minnesota Statutes,
chapter 152.

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

Section 1.

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
152.136 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 August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

new text begin [152.136] SALES OF METHAMPHETAMINE PRECURSOR
DRUGS; CRIMINAL PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Methamphetamine precursor drug" includes single-source
methamphetamine precursor drugs and non-single-source
methamphetamine precursor drugs.
new text end

new text begin (c) "Non-single-source methamphetamine precursor drug"
means a combination drug or product containing as one of its
active ingredients ephedrine or pseudoephedrine. However, the
term does not include a single-source methamphetamine precursor
drug.
new text end

new text begin (d) "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 (e) "Single-source methamphetamine precursor drug" means a
drug or product containing as its sole active ingredient
ephedrine or pseudoephedrine.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

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

new text begin (b) 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 (c) A business establishment that offers for sale
single-source 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 or a licensed pharmacy technician. The establishment
shall ensure that the person making the sale requires the buyer:
(1) to provide photographic identification showing the buyer's
date of birth; and (2) to sign a written document detailing the
date of the sale, the name of the buyer, and the amount of the
drug sold. Nothing in this paragraph requires the buyer to
obtain a prescription for the drug's purchase.
new text end

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

new text begin Subd. 3. new text end

new text begin Criminal penalty. new text end

new text begin A person who knowingly
violates subdivision 2 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 Subd. 4. new text end

new text begin Exception to criminal penalty. new text end

new text begin This section
does not apply to a methamphetamine precursor drug that is
manufactured in a manner that prevents the drug from being used
to manufacture methamphetamine.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end