1997 Minnesota Statutes

     617.251 Sale of articles relating to prevention of 
  conception or disease.  

    Instruments, articles, drugs or medicines for the 
 prevention of conception or disease may be sold, offered for 
 sale, distributed or dispensed only by persons or organizations 
 recognized as dealing primarily with health or welfare.  Anyone 
 convicted of violation of this section shall be guilty of a 
 gross misdemeanor and punished by imprisonment not to exceed one 
 year or by a fine of not more than $3,000 or both.  

    HIST: 1965 c 395 s 2; 1984 c 628 art 3 s 11 

*   NOTE:  Users are cautioned that Judge Miles Lord of the 
*Federal District Court, in an order dated October 22, 1980, 
*permanently enjoined the enforcement of section 617.251.  Judge 
*Lord in a subsequent memorandum dated April 15, 1981, held the 
*statute invalid as a violation of the first and fourteenth 
*amendments to the United States Constitution.  Tice Sales 
*Company v. State of Minnesota, et al, Civil No. 4-80-487.  
*Citing the permanent injunction to which the state of Minnesota 
*is subject, the attorney general has consistently advised law 
*enforcement officials and others making inquiries about section 
*617.251 that the statute is unenforceable.