1.1                          A bill for an act 
  1.2             relating to prescription drugs; requiring the 
  1.3             dispensing of ephedrine through prescription; 
  1.4             restricting the sale, marketing, and possession of 
  1.5             ephedrine; providing criminal penalties; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 152. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [152.135] [RESTRICTIONS ON SALES, MARKETING, 
  1.9   AND POSSESSION OF EPHEDRINE.] 
  1.10     Subdivision 1.  [PRESCRIPTION STATUS FOR EPHEDRINE.] Except 
  1.11  as hereinafter provided, a material, compound, mixture, or 
  1.12  preparation that contains any quantity of ephedrine, a salt of 
  1.13  ephedrine, an optical isomer of ephedrine, or a salt of an 
  1.14  optical isomer of ephedrine, may be dispensed only upon the 
  1.15  prescription of a duly licensed practitioner authorized by the 
  1.16  laws of the state to prescribe prescription drugs. 
  1.17     Subd. 2.  [EXCEPTIONS.] (a) A drug product containing 
  1.18  ephedrine, its salts, optical isomers, and salts of optical 
  1.19  isomers is exempt from subdivision 1 if the drug product: 
  1.20     (1) may be lawfully sold over the counter without a 
  1.21  prescription under the federal Food, Drug, and Cosmetic Act, 
  1.22  United States Code, title 21, section 321, et seq.; 
  1.23     (2) is labeled and marketed in a manner consistent with the 
  1.24  pertinent OTC Tentative Final or Final Monograph; 
  1.25     (3) is manufactured and distributed for legitimate 
  1.26  medicinal use in a manner that reduces or eliminates the 
  2.1   likelihood of abuse; 
  2.2      (4) is not marketed, advertised, or labeled for the 
  2.3   indication of stimulation, mental alertness, weight loss, muscle 
  2.4   enhancement, appetite control, or energy; and 
  2.5      (5) is in solid oral dosage forms, including soft gelatin 
  2.6   caplets, that combine 400 milligrams of guaifenesin and 25 
  2.7   milligrams of ephedrine per dose, according to label 
  2.8   instructions; or is an anorectal preparation containing not more 
  2.9   than five percent ephedrine. 
  2.10     (b) Subdivision 1 shall not apply to products containing 
  2.11  ephedra or ma huang and lawfully marketed as dietary supplements 
  2.12  under federal law. 
  2.13     Subd. 3.  [MISMARKETING OF EPHEDRINE PROHIBITED.] The 
  2.14  marketing, advertising, or labeling of a product containing 
  2.15  ephedrine, a salt of ephedrine, an optical isomer of ephedrine, 
  2.16  or a salt of an optical isomer of ephedrine for the indication 
  2.17  of stimulation, mental alertness, weight loss, appetite control, 
  2.18  or energy, is prohibited.  In determining compliance with this 
  2.19  subdivision, the board of pharmacy may consider the following 
  2.20  factors: 
  2.21     (1) the packaging of the drug product; 
  2.22     (2) the name and labeling of the product; 
  2.23     (3) the manner of distribution, advertising, and promotion 
  2.24  of the product; 
  2.25     (4) verbal representations made concerning the product; and 
  2.26     (5) the duration, scope, and significance of abuse or 
  2.27  misuse of the product. 
  2.28     Subd. 4.  [POSSESSION FOR ILLICIT PURPOSES PROHIBITED.] It 
  2.29  is unlawful for a person to possess ephedrine, pseudoephedrine, 
  2.30  or phenylpropanolamine or their salts, optical isomers, or salts 
  2.31  of optical isomers with the intent to use the product as a 
  2.32  precursor to an illegal substance. 
  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, or 
  2.36  phenylpropanolamine or their salts, optical isomers, or salts of 
  3.1   optical isomers if the person knows or reasonably should know 
  3.2   that the product will be used as a precursor to an illegal 
  3.3   substance. 
  3.4      Subd. 6.  [PENALTY.] A person who violates this section is 
  3.5   guilty of a misdemeanor.