Minnesota Legislature
SF 521
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - as introduced
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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; authorizing reporting of suspicious
transactions involving these drugs and providing civil
immunity for so doing; amending Minnesota Statutes
2004, sections 152.02, subdivision 6; 152.027,
subdivisions 1, 2; 152.135, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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 containing ephedrine or pseudoephedrine
as its sole active ingredient or as one of its active
ingredients;
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 or by a licensed
veterinarian; and
new text end
new text begin
(3) "suspicious transaction" means the sale, distribution,
delivery, or other transfer of a substance under circumstances
that would lead a reasonable person to believe that the
substance is likely to be used to illegally manufacture a
controlled substance based on factors such as the amount of the
substance involved in the transaction, the method of payment,
the method of delivery, and any past dealings with any
participant in the transaction.
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 alonedeleted 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 gramsdeleted 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 gramsdeleted 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
unitdeleted 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 gramsnew 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 ingredientsnew 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 or a licensed
pharmacy technician. 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 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
(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) An owner, operator, supervisor, or manager of a
business establishment that offers for sale methamphetamine
precursor drugs whose employee or agent is convicted of or
charged with violating paragraph (c), (d), (e), (f), or (g) is
not subject to the criminal penalties for violating any of those
paragraphs if the person:
new text end
new text begin
(1) did not have prior knowledge of, participate in, or
direct the employee or agent to commit the violation; and
new text end
new text begin
(2) documents that an employee training program was in
place to provide the employee or agent with information on the
state and federal laws and regulations regarding methamphetamine
precursor drugs.
new text end
new text begin
(j) Any person employed by a business establishment that
offers for sale methamphetamine precursor drugs who sells such a
drug to any person in a suspicious transaction shall report the
transaction to the owner, supervisor, or manager of the
establishment. The owner, supervisor, or manager may report the
transaction to local law enforcement. A person who reports
information under this subdivision in good faith is immune from
civil liability relating to the report.
new text end
new text begin
(k) Paragraphs (c) to (j) 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; or
new text end
new text begin
(3) methamphetamine precursor drugs in gel capsule or
liquid form.
new text end
new text begin
(l) The Board of Pharmacy shall certify methamphetamine
precursor drugs that meet the requirements of paragraph (k),
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 August 1, 2005,
and applies to crimes committed on or after that date.
new text end
Sec. 2.
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 August 1, 2005,
and applies to crimes committed on or after that date.
new text end
Sec. 3.
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 August 1, 2005,
and applies to crimes committed on or after that date.
new text end
Sec. 4.
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 ephedrinenew text begin ; and
new text end
new text begin
(6) is sold in a manner that does not conflict with section
152.02, subdivision 6new 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