HF 2476

as introduced - 94th Legislature (2025 - 2026) Posted on 03/17/2025 03:00pm

A bill for an act
relating to controlled substances; modifying restrictions placed on the sale of
certain over-the-counter allergy medicines; amending Minnesota Statutes 2024,
section 152.02, subdivision 6.

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

Section 1.

Minnesota Statutes 2024, section 152.02, subdivision 6, is amended to read:

Subd. 6.

Schedule V; restrictions on methamphetamine precursor drugs.

(a) As used
in this subdivision, the following terms have the meanings given:

(1) "methamphetamine precursor drug" means any compound, mixture, or preparation
intended for human consumption containing ephedrine or pseudoephedrine as its sole active
ingredient or as one of its active ingredients; and

(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.

(b) The following items are listed in Schedule V:

(1) 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 alone:

(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;

(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;

(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit;

(iv) not more than 100 milligrams of opium per 100 milliliters or per 100 grams; or

(v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine
sulfate per dosage unit.

(2) Stimulants. Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation that contains any quantity of the
following substance having a stimulant effect on the central nervous system, including its
salts, isomers, and salts of isomers: pyrovalerone.

(3) Depressants. Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation that contains any quantity of the
following substance having a depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers:

(i) ezogabine;

(ii) pregabalin;

(iii) lacosamide;

(iv) cenobamate [(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl]carbamate.

(4) Any compound, mixture, or preparation containing ephedrine or pseudoephedrine
as its sole active ingredient or as one of its active ingredients.

deleted 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, calculated as the
base.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end Over-the-counter sales of methamphetamine precursor drugs are limited to:

(1) packages containing not more than a total of deleted text begin three deleted text end new text begin 3-6/10 new text end grams of one or more
methamphetamine precursor drugs, calculated in terms of ephedrine base or pseudoephedrine
base; or

(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.

deleted text begin (e) deleted text end new text begin (d) new text end 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, a registered pharmacy technician, or a pharmacy clerk. 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 or electronic document detailing the date of the sale, the name of
the buyer, and the amount of the drug sold.

A document described under clause (2) must be retained by the establishment for at least
three years and must at all reasonable times be open to the inspection of any law enforcement
agency.

Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
purchase.

deleted text begin (f) deleted text end new text begin (e) new text end No person may acquire through over-the-counter sales more than deleted text begin six deleted text end new text begin 7-2/10 new text end grams
of methamphetamine precursor drugs, calculated as the base, within a 30-day period.

deleted text begin (g) deleted text end new text begin (f) new text end 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.

deleted text begin (h) deleted text end new text begin (g) new text end A person who knowingly violates paragraph (c), (d), (e), new text begin or new text end (f) deleted text begin , or (g) deleted text end 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.

deleted text begin (i) deleted text end new text begin (h) new text end 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), new text begin or new text end (f) deleted text begin , or (g) deleted text end is not subject to the criminal
penalties for violating any of those paragraphs if the person:

(1) did not have prior knowledge of, participate in, or direct the employee or agent to
commit the violation; and

(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.

deleted text begin (j) deleted text end new text begin (i) new text end 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.

deleted text begin (k) deleted text end new text begin (j) new text end Paragraphs (b) to deleted text begin (j) deleted text end new text begin (i) new text end do not apply to:

(1) pediatric products labeled pursuant to federal regulation primarily intended for
administration to children under 12 years of age according to label instructions;

(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;

(3) methamphetamine precursor drugs in gel capsule or liquid form; or

(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
constitutes less than one percent of its total weight and is not its sole active ingredient.

deleted text begin (l) deleted text end new text begin (k) new text end The Board of Pharmacy, in consultation with the Department of Public Safety,
shall certify methamphetamine precursor drugs that meet the requirements of paragraph deleted text begin (k) deleted text end new text begin
(j) new text end , clause (2), and publish an annual listing of these drugs.

deleted text begin (m) deleted text end new text begin (l) new text end Wholesale drug distributors licensed and regulated by the Board of Pharmacy
pursuant to sections 151.43 to 151.471 and registered with and regulated by the United
States Drug Enforcement Administration are exempt from the methamphetamine precursor
drug storage requirements of this section.

deleted text begin (n) deleted text end new text begin (m) new text end This section preempts all local ordinances or regulations governing the sale by
a business establishment of over-the-counter products containing ephedrine or
pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.