1.1 	A bill for an act
1.2 	relating to crime; regulating the sale of
1.3 	methamphetamine precursor substances; amending
1.4 	Minnesota Statutes 2004, sections 152.0974; 152.135,
1.5 	subdivisions 2, 5, by adding subdivisions.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 152.0974, is
1.8 	amended to read:
1.9 	152.0974 EXCEPTIONS.
1.10 	Sections 152.0971 to 152.0974 do not apply to:
1.11 	(1) a pharmacist or other authorized person who sells or
1.12 	furnishes a precursor substance on the prescription of a
1.13 	physician, dentist, podiatrist, or veterinarian;
1.14 	(2) a physician, dentist, podiatrist, or veterinarian who
1.15 	administers or furnishes a precursor substance to patients;
1.16 	(3) a manufacturer or wholesaler licensed by the state
1.17 	Board of Pharmacy who sells, transfers, or otherwise furnishes a
1.18 	precursor substance to a licensed pharmacy, physician, dentist,
1.19 	podiatrist, or veterinarian; or
1.20 	(4) the furnishing or receipt of a drug that contains
1.21 	ephedrine, pseudoephedrine, norpseudoephedrine, or
1.22 	phenylpropanolamine and is lawfully furnished over the counter
1.23 	without a prescription under the federal Food, Drug, and
1.24 	Cosmetic Act, United States Code, title 21, chapter 9, or
1.25 	regulations adopted under that act.
2.1 	These exceptions do not apply to the obligations and
2.2 	reporting requirements in section 152.135.

2.3 	EFFECTIVE DATE. This section is effective August 1, 2005,
2.4 	for transactions made on or after that date.

2.5 	Sec. 2. Minnesota Statutes 2004, section 152.135,
2.6 	subdivision 2, is amended to read:
2.7 		Subd. 2.Exceptions. ~~(a)~~ A drug product containing
2.8 	ephedrine, its salts, optical isomers, ~~and~~ or salts of optical
2.9 	isomers is exempt from subdivision 1 if the drug product:
2.10 	(1) may be lawfully sold over the counter without a
2.11 	prescription under the federal Food, Drug, and Cosmetic Act,
2.12 	United States Code, title 21, section 321, et seq.;
2.13 	(2) is labeled and marketed in a manner consistent with the
2.14 	pertinent OTC Tentative Final or Final Monograph;
2.15 	(3) is manufactured and distributed for legitimate
2.16 	medicinal use in a manner that reduces or eliminates the
2.17 	likelihood of abuse;
2.18 	(4) is not marketed, advertised, or labeled for the
2.19 	indication of stimulation, mental alertness, weight loss, muscle
2.20 	enhancement, appetite control, or energy; and
2.21 	(5) is in solid oral dosage forms, including soft gelatin
2.22 	caplets, that combine 400 milligrams of guaifenesin and 25
2.23 	milligrams of ephedrine per dose, according to label
2.24 	instructions; or is an anorectal preparation containing not more
2.25 	than five percent ephedrine.
2.26 	~~(b) Subdivisions 1 and 3 shall not apply to products~~
2.27 	~~containing ephedra or ma huang and lawfully marketed as dietary~~
2.28 	~~supplements under federal law.~~
2.29 	
EFFECTIVE DATE. This section is effective August 1, 2005,
2.30 	for transactions made on or after that date.

2.31 	Sec. 3. Minnesota Statutes 2004, section 152.135,
2.32 	subdivision 5, is amended to read:
2.33 		Subd. 5.Sales for illicit purposes prohibited.  It is
2.34 	unlawful for a person to sell, distribute, or otherwise make
2.35 	available a product containing ephedrine, pseudoephedrine,
2.36 	norpseudophedrine,or phenylpropanolamine or their salts,
3.1 	optical isomers, or salts of optical isomers if the person knows
3.2 	or reasonably should know that the product will be used as a
3.3 	precursor to an illegal substance.
3.4 	
EFFECTIVE DATE. This section is effective August 1, 2005,
3.5 	for transactions made on or after that date.

3.6 	Sec. 4. Minnesota Statutes 2004, section 152.135, is
3.7 	amended by adding a subdivision to read:
3.8 		Subd. 5a.Sale regulations. (a) Except as provided in
3.9 	this section, a material, compound, mixture, or preparation that
3.10 	contains any quantity of ephedrine, pseudoephedrine,
3.11 	norpseudoephedrine, or phenylpropanolamine, or their salts,
3.12 	optical isomers, or salts of optical isomers, may be dispensed
3.13 	only in a pharmacy by, or under the supervision of, a licensed
3.14 	pharmacist, assistant pharmacist, or pharmacist intern.
3.15 	(b) Any person purchasing, receiving, or otherwise
3.16 	acquiring any compound, mixture, or preparation that contains
3.17 	any quantity of ephedrine, pseudoephedrine, norpseudoephedrine,
3.18 	or phenylpropanolamine, or their salts, optical isomers, or
3.19 	salts of optical isomers, shall produce a photo identification
3.20 	showing the date of birth of the person and shall sign a written
3.21 	log, receipt, or other program or mechanism approved by the
3.22 	Bureau of Criminal Apprehension showing the date of the
3.23 	transaction, name of the person, and amount of the compound,
3.24 	mixture, or preparation.
3.25 	(c) Except as dispensed pursuant to a valid prescription,
3.26 	no person shall purchase, receive, or otherwise acquire more
3.27 	than nine grams of any product, mixture, or preparation that
3.28 	contains any quantity of ephedrine, pseudoephedrine,
3.29 	norpseudoephedrine, or phenylpropanolamine, or their salts,
3.30 	optical isomers, or salts of optical isomers within any 30-day
3.31 	period.
3.32 	
EFFECTIVE DATE. This section is effective August 1, 2005,
3.33 	for transactions made on or after that date.

3.34 	Sec. 5. Minnesota Statutes 2004, section 152.135, is
3.35 	amended by adding a subdivision to read:
3.36 		Subd. 5b.Exceptions. A drug product containing
4.1 	ephedrine, pseudoephedrine, norpseudoephedrine, or
4.2 	phenylpropanolamine, or their salts, optical isomers, or salts
4.3 	of optical isomers is exempt from subdivision 5a if:
4.4 	(1) the drug product is in liquid, liquid capsule, or gel
4.5 	capsule form; and 
4.6 	(2) ephedrine, pseudoephedrine, norpseudoephedrine, or
4.7 	phenylpropanolamine is not the only active ingredient.
4.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
4.9 	for transactions made on or after that date.

4.10 	Sec. 6. Minnesota Statutes 2004, section 152.135, is
4.11 	amended by adding a subdivision to read:
4.12 		Subd. 5c.Reporting sales. (a) A pharmacy that dispenses
4.13 	a drug product containing any quantity of ephedrine,
4.14 	pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, or
4.15 	their salts, optical isomers, or salts of optical isomers, which
4.16 	is subject to the requirements under subdivision 5a, shall
4.17 	transmit, to a central repository designated by the commissioner
4.18 	of public safety, information required by rules adopted by the
4.19 	commissioner of public safety.
4.20 	(b) A pharmacy shall retain a copy of its written log
4.21 	mandated under subdivision 5a for five years.  All written logs
4.22 	are subject to inspection by the Bureau of Criminal Apprehension.
4.23 	(c) Once established, all reports relating to paragraph (a)
4.24 	shall be open to inspection by the Bureau of Criminal
4.25 	Apprehension during regular business hours.
4.26 	
EFFECTIVE DATE. This section is effective August 1, 2005,
4.27 	for transactions made on or after that date.

4.28 	Sec. 7. COMMISSIONER OF PUBLIC SAFETY; RULE ADOPTION.
 4.29 	The commissioner of public safety shall:
4.30 	(1) adopt rules for the reporting of sales of
4.31 	methamphetamine precursor drugs required under Minnesota
4.32 	Statutes, section 152.135, subdivisions 5a and 5c; and 
4.33 	(2) implement a statewide real-time log book that records
4.34 	and reports purchases subject to the reporting requirements in
4.35 	Minnesota Statutes, section 152.135, subdivision 5c.

4.36 	EFFECTIVE DATE. This section is effective July 1, 2005.