HF 2041

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/13/2023 03:39pm

A bill for an act
relating to public safety; authorizing syringe services providers to possess,
distribute, and dispose of syringes; authorizing the possession of hypodermic
syringes; amending Minnesota Statutes 2022, sections 121A.28; 151.01, by adding
a subdivision; 151.40, subdivisions 1, 2; 152.01, subdivision 18; 152.205; repealing
Minnesota Statutes 2022, section 152.092.

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

Section 1.

Minnesota Statutes 2022, section 121A.28, is amended to read:

121A.28 LAW ENFORCEMENT RECORDS.

A law enforcement agency shall provide notice of any drug incident occurring within
the agency's jurisdiction, in which the agency has probable cause to believe a student violated
section 152.021, 152.022, 152.023, 152.024, 152.025, 152.0262, 152.027, deleted text begin 152.092, deleted text end 152.097,
or 340A.503, subdivision 1, 2, or 3. The notice shall be in writing and shall be provided,
within two weeks after an incident occurs, to the chemical abuse preassessment team in the
school where the student is enrolled.

Sec. 2.

Minnesota Statutes 2022, section 151.01, is amended by adding a subdivision to
read:

new text begin Subd. 43. new text end

new text begin Syringe services provider. new text end

new text begin "Syringe services provider" means a
community-based public health program that offers cost-free comprehensive harm reduction
services which may include: providing sterile needles, syringes, and other injection
equipment; making safe disposal containers for needles and syringes available; educating
participants and others about overdose prevention, safer injection practices, and infectious
disease prevention; providing blood-borne pathogen testing or referrals to blood-borne
pathogen testing; offering referrals to substance use disorder treatment, including substance
use disorder treatment with medications for opioid use disorder; and providing referrals to
medical treatment and services, mental health programs and services, and other social
services.
new text end

Sec. 3.

Minnesota Statutes 2022, section 151.40, subdivision 1, is amended to read:

Subdivision 1.

Generally.

It is unlawful for any person to deleted text begin possess, control, deleted text end manufacture,
sell, furnish, dispense, or otherwise dispose of hypodermic syringes or needles or any
instrument or implement which can be adapted for subcutaneous injections, except for:

(1) the following persons when acting in the course of their practice or employment:

(i) licensed practitioners and their employees, agents, or delegates;

(ii) licensed pharmacies and their employees or agents;

(iii) licensed pharmacists;

(iv) registered nurses and licensed practical nurses;

(v) registered medical technologists;

(vi) medical interns and residents;

(vii) licensed drug wholesalers and their employees or agents;

(viii) licensed hospitals;

(ix) bona fide hospitals in which animals are treated;

(x) licensed nursing homes;

(xi) licensed morticians;

(xii) syringe and needle manufacturers and their dealers and agents;

(xiii) persons engaged in animal husbandry;

(xiv) clinical laboratories and their employees;

(xv) persons engaged in bona fide research or education or industrial use of hypodermic
syringes and needles provided such persons cannot use hypodermic syringes and needles
for the administration of drugs to human beings unless such drugs are prescribed, dispensed,
and administered by a person lawfully authorized to do so; deleted text begin and
deleted text end

(xvi) persons who administer drugs pursuant to an order or direction of a licensed
practitioner; new text begin and
new text end

new text begin (xvii) syringe services providers and their employees and agents;
new text end

(2) a person who self-administers drugs pursuant to either the prescription or the direction
of a practitioner, or a family member, caregiver, or other individual who is designated by
such person to assist the person in obtaining and using needles and syringes for the
administration of such drugs;

(3) a person who is disposing of hypodermic syringes and needles through an activity
or program developed under section 325F.785; deleted text begin or
deleted text end

(4) a person who sells deleted text begin , possesses, deleted text end or handles hypodermic syringes and needles pursuant
to subdivision 2 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) a participant receiving services from a syringe services provider, who accesses or
receives new syringes or needles from a syringe services provider or returns used syringes
or needles to a syringe services provider.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 4.

Minnesota Statutes 2022, section 151.40, subdivision 2, is amended to read:

Subd. 2.

Sales deleted text begin of limited quantities deleted text end of clean needles and syringes.

(a) A registered
pharmacy or a licensed pharmacist may sell, without the prescription or direction of a
practitioner, unused hypodermic needles and syringes deleted text begin in quantities of ten or fewer, deleted text end provided
the pharmacy or pharmacist complies with all of the requirements of this subdivision.

(b) At any location where hypodermic needles and syringes are kept for retail sale under
this subdivision, the needles and syringes shall be stored in a manner that makes them
available only to authorized personnel and not openly available to customers.

(c) A registered pharmacy or licensed pharmacist that sells hypodermic needles or
syringes under this subdivision may give the purchaser the materials developed by the
commissioner of health under section 325F.785.

(d) A registered pharmacy or licensed pharmacist that sells hypodermic needles or
syringes under this subdivision must certify to the commissioner of health participation in
an activity, including but not limited to those developed under section 325F.785, that supports
proper disposal of used hypodermic needles or syringes.

Sec. 5.

Minnesota Statutes 2022, section 152.01, subdivision 18, is amended to read:

Subd. 18.

Drug paraphernalia.

(a) Except as otherwise provided in paragraph (b), "drug
paraphernalia" means all equipment, products, and materials of any kind, except those items
used in conjunction with permitted uses of controlled substances under this chapter or the
Uniform Controlled Substances Act, which are knowingly or intentionally used primarily
in (1) manufacturing a controlled substance, (2) injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance, new text begin or new text end (3) deleted text begin testing the strength,
effectiveness, or purity of a controlled substance, or (4) deleted text end enhancing the effect of a controlled
substance.

(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or sale
of: (1) deleted text begin hypodermic needles or syringes in accordance with section 151.40, subdivision 2 deleted text end new text begin
hypodermic syringes or needles or any instrument or implement which can be adapted for
subcutaneous injections new text end ; or (2) products that detect the presence of fentanyl or a fentanyl
analog in a controlled substance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2022, section 152.205, is amended to read:

152.205 LOCAL REGULATIONS.

Sections 152.01, subdivision 18, and deleted text begin 152.092 deleted text end new text begin 152.093 new text end to 152.095 do not preempt
enforcement or preclude adoption of municipal or county ordinances prohibiting or otherwise
regulating the manufacture, delivery, possession, or advertisement of drug paraphernalia.

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 152.092, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H2041-1

152.092 POSSESSION OF DRUG PARAPHERNALIA PROHIBITED.

(a) It is unlawful for any person knowingly or intentionally to use or to possess drug paraphernalia. Any violation of this section is a petty misdemeanor.

(b) A person who violates paragraph (a) and has previously violated paragraph (a) on two or more occasions has committed a crime and may be sentenced to imprisonment for up to 90 days or to payment of a fine up to $1,000, or both.