SF 3256

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to liquor; prohibiting alcohol without liquid devices; proposing coding
for new law in Minnesota Statutes, chapter 340A.

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

Section 1.

[340A.706] ALCOHOL WITHOUT LIQUID DEVICES PROHIBITED.

Subdivision 1.

Definition.

For purposes of this section, an "alcohol without liquid
device" is a device, machine, apparatus, or appliance that mixes an alcoholic beverage
with pure or diluted oxygen to produce an alcohol vapor that may be inhaled by an
individual. An "alcohol without liquid device" does not include an inhaler, nebulizer,
atomizer, or other device that is designed and intended specifically for medical purposes
to dispense prescribed or over-the-counter medications.

Subd. 2.

Prohibition.

(a) Except as provided in subdivision 3, it is unlawful for
any person or business establishment to possess, purchase, sell, offer to sell, or use
an alcohol without liquid device.

(b) Except as provided in subdivision 3, it is unlawful for any person or business
establishment to utilize a nebulizer, inhaler, or atomizer or other device as described in
subdivision 1, for the purposes of inhaling alcoholic beverages.

Subd. 3.

Research exemption.

This section does not apply to a hospital that
operates primarily for the purpose of conducting scientific research, a state institution
conducting bona fide research, a private college or university conducting bona fide
research, or to a pharmaceutical company or biotechnology company conducting bona
fide research.