1998 Minnesota Statutes

CHAPTER 152. Drugs, controlled substances

     152.01 Definitions. 

    Subdivision 1.    Words, terms, and phrases.  Unless 
 the language or context clearly indicates that a different 
 meaning is intended, the following words, terms, and phrases, 
 for the purposes of this chapter, shall be given the meanings 
 subjoined to them. 

    Subd. 2.    Drug.  The term "drug" includes all 
 medicines and preparations recognized in the United States 
 Pharmacopoeia or National Formulary and any substance or mixture 
 of substances intended to be used for the cure, mitigation, or 
 prevention of disease of either humans or other animals. 

    Subd. 3.  MS 1967 Repealed, 1969 c 933 s 22 

    Subd. 3.    Administer.  "Administer" means to deliver 
 by, or pursuant to the lawful order of a practitioner a single 
 dose of a controlled substance to a patient or research subject 
 by injection, inhalation, ingestion, or by any other immediate 
 means. 

    Subd. 3a.    Cocaine.  "Cocaine" means coca leaves and 
 any salt, compound, derivative, or preparation of coca leaves, 
 including cocaine and ecgonine, the salts and isomers of cocaine 
 and ecgonine, and the salts of their isomers and any salt, 
 compound, derivative, or preparation thereof that is chemically 
 equivalent or identical with any of those substances, except 
 decocainized coca leaves or extraction of coca leaves, which 
 extractions do not contain cocaine or ecgonine.  

    Subd. 4.  MS 1967 Repealed, 1969 c 933 s 22 

    Subd. 4.    Controlled substance.  "Controlled 
 substance" means a drug, substance, or immediate precursor in 
 Schedules I through V of section 152.02.  The term shall not 
 include distilled spirits, wine, malt beverages, intoxicating 
 liquors or tobacco. 

    Subd. 5.  Repealed, 1971 c 937 s 22 

    Subd. 5a.    Hallucinogen.  "Hallucinogen" means any 
 hallucinogen listed in section 152.02, subdivision 2, clause 
 (3), or Minnesota Rules, part 6800.4210, item C, except 
 marijuana and Tetrahydrocannabinols. 

    Subd. 6.    Pharmacist intern.  The term "pharmacist 
 intern" means a natural person, a graduate of the college of 
 pharmacy, University of Minnesota, or other pharmacy college, 
 approved by the board, or a person satisfactorily progressing 
 toward the degree in pharmacy required for licensure, registered 
 by the state board of pharmacy, for the purpose of obtaining 
 practical experience as a requirement for licensure as a 
 pharmacist or a qualified applicant, awaiting licensure. 

    Subd. 7.    Manufacture.  "Manufacture," in places other 
 than a pharmacy, means and includes the production, cultivation, 
 quality control, and standardization by mechanical, physical, 
 chemical, or pharmaceutical means, packing, repacking, 
 tableting, encapsulating, labeling, relabeling, filling, or by 
 other process, of drugs. 

    Subd. 8.    Dispense.  "Dispense" means to deliver one 
 or more doses of a controlled substance in a suitable container, 
 properly labeled, for subsequent administration to, or use by a 
 patient or research subject. 

    Subd. 9.    Marijuana.  "Marijuana" means all parts of 
 the plant of any species of the genus Cannabis, including all 
 agronomical varieties, whether growing or not; the seeds 
 thereof; the resin extracted from any part of such plant; and 
 every compound, manufacture, salt, derivative, mixture, or 
 preparation of such plant, its seeds or resin, but shall not 
 include the mature stalks of such plant, fiber from such stalks, 
 oil or cake made from the seeds of such plant, any other 
 compound, manufacture, salt, derivative, mixture, or preparation 
 of such mature stalks, except the resin extracted therefrom, 
 fiber, oil, or cake, or the sterilized seed of such plant which 
 is incapable of germination.  

    Subd. 9a.    Mixture.  "Mixture" means a preparation, 
 compound, mixture, or substance containing a controlled 
 substance, regardless of purity. 

    Subd. 10.    Narcotic drug.  "Narcotic drug" means any 
 of the following, whether produced directly or indirectly by 
 extraction from substances of vegetable origin, or independently 
 by means of chemical synthesis, or by a combination of 
 extraction and chemical synthesis: 

    (1) Opium, coca leaves, and opiates; 

    (2) A compound, manufacture, salt, derivative, or 
 preparation of opium, coca leaves, or opiates; 

    (3) A substance, and any compound, manufacture, salt, 
 derivative, or preparation thereof, which is chemically 
 identical with any of the substances referred to in clauses (1) 
 and (2), except that the words "narcotic drug" as used in this 
 chapter shall not include decocainized coca leaves or extracts 
 of coca leaves, which extracts do not contain cocaine or 
 ecgonine. 

    Subd. 11.    Opiate.  "Opiate" means any dangerous 
 substance having an addiction forming or addiction sustaining 
 liability similar to morphine or being capable of conversion 
 into a drug having such addiction forming or addiction 
 sustaining liability. 

    Subd. 12.    Opium poppy.  "Opium poppy" means the 
 plant of the species Papaver somniferum L., except the seeds 
 thereof. 

    Subd. 12a.    Park zone.  "Park zone" means an area 
 designated as a public park by the federal government, the 
 state, a local unit of government, a park district board, or a 
 park and recreation board in a city of the first class.  "Park 
 zone" includes the area within 300 feet or one city block, 
 whichever distance is greater, of the park boundary. 

    Subd. 13.    Person.  "Person" includes every 
 individual, copartnership, corporation or association of one or 
 more individuals. 

    Subd. 14.    Poppy straw.  "Poppy straw" means all 
 parts, except the seeds, of the opium poppy, after mowing. 

    Subd. 14a.    School zone.  "School zone" means:  

    (1) any property owned, leased, or controlled by a school 
 district or an organization operating a nonpublic school, as 
 defined in section 123B.41, subdivision 9, where an elementary, 
 middle, secondary school, secondary vocational center or other 
 school providing educational services in grade one through grade 
 12 is located, or used for educational purposes, or where 
 extracurricular or cocurricular activities are regularly 
 provided; 

    (2) the area surrounding school property as described in 
 clause (1) to a distance of 300 feet or one city block, 
 whichever distance is greater, beyond the school property; and 

    (3) the area within a school bus when that bus is being 
 used to transport one or more elementary or secondary school 
 students.  

    Subd. 15.    Immediate precursor.  "Immediate 
 precursor" means a substance which the state board of pharmacy 
 has found to be and by rule designates as being the principal 
 compound commonly used or produced for use, and which is an 
 immediate chemical intermediary used or likely to be used in the 
 manufacture of a controlled substance, the control of which is 
 necessary to prevent, curtail, or limit such manufacture. 

    Subd. 15a.    Sell.  "Sell" means: 

    (1) to sell, give away, barter, deliver, exchange, 
 distribute or dispose of to another, or to manufacture; or 

    (2) to offer or agree to perform an act listed in clause 
 (1); or 

    (3) to possess with intent to perform an act listed in 
 clause (1). 

    Subd. 16.    Small amount.  "Small amount" as applied to 
 marijuana means 42.5 grams or less.  This provision shall not 
 apply to the resinous form of marijuana. 

    Subd. 16a.    Subsequent controlled substance conviction. 
  "Subsequent controlled substance conviction" means that 
 before commission of the offense for which the person is 
 convicted under this chapter, the person was convicted in 
 Minnesota of a felony violation of this chapter or a 
 felony-level attempt or conspiracy to violate this chapter, or 
 convicted elsewhere for conduct that would have been a felony 
 under this chapter if committed in Minnesota.  An earlier 
 conviction is not relevant if ten years have elapsed since:  (1) 
 the person was restored to civil rights; or (2) the sentence has 
 expired, whichever occurs first. 

    Subd. 17. Repealed, 1994 c 636 art 2 s 69 

    Subd. 18.    Drug paraphernalia.  (a) Except as 
 otherwise provided in paragraph (b), "drug paraphernalia" means 
 all equipment, products, and materials of any kind, except those 
 items used in conjunction with permitted uses of controlled 
 substances under this chapter or the Uniform Controlled 
 Substances Act, which are knowingly or intentionally used 
 primarily in (1) manufacturing a controlled substance, (2) 
 injecting, ingesting, inhaling, or otherwise introducing into 
 the human body a controlled substance, (3) testing the strength, 
 effectiveness, or purity of a controlled substance, or (4) 
 enhancing the effect of a controlled substance.  

    (b) "Drug paraphernalia" does not include the possession, 
 manufacture, delivery, or sale of hypodermic needles or syringes 
 in accordance with section 151.40, subdivision 2. 

    Subd. 19.    Public housing zone.  "Public housing zone" 
 means any public housing project or development administered by 
 a local housing agency, plus the area within 300 feet of the 
 property's boundary, or one city block, whichever distance is 
 greater. 

    Subd. 20.    Unlawfully.  "Unlawfully" means selling or 
 possessing a controlled substance in a manner not authorized by 
 law. 

    Subd. 21.    Orphan drug.  "Orphan drug" means a drug 
 for a disease or condition which is rare in the United States 
 and has been designated as an orphan drug by the Secretary of 
 Health and Human Services as provided in the Orphan Drug Act, 
 Public Law Number 92-414, as amended. 

    Subd. 22.    Drug treatment facility.  "Drug treatment 
 facility" means any facility in which a residential 
 rehabilitation program licensed under Minnesota Rules, parts 
 9530.4100 to 9530.4450, is located, and includes any property 
 owned, leased, or controlled by the facility. 

    HIST: (3899-2, 3899-5, 3899-7, 3906-12) 1921 c 190 s 2,5,7; 
 1939 c 102 s 2; 1967 c 408 s 1,2; 1971 c 937 s 1-11; Ex1971 c 38 
 s 1; Ex1971 c 48 s 17; 1973 c 693 s 1; 1979 c 157 s 1; 1981 c 37 
 s 2; 1981 c 295 s 1; 1982 c 557 s 1; 1982 c 642 s 22; 1985 c 248 
 s 70; 1986 c 444; 1987 c 298 s 1; 1989 c 290 art 3 s 1-7; 1991 c 
 279 s 1,2; 1992 c 359 s 1-3; 1993 c 82 s 1; 1997 c 239 art 4 s 
 1,2; 1998 c 397 art 11 s 3 

   152.02 Schedules of controlled substances; 
  administration of chapter. 

    Subdivision 1.    Five schedules.  There are established 
 five schedules of controlled substances, to be known as 
 Schedules I, II, III, IV, and V.  Such schedules shall initially 
 consist of the substances listed in this section by whatever 
 official name, common or usual name, chemical name, or trade 
 name designated. 

    Subd. 2.    Schedule I.  The following items are listed 
 in Schedule I: 

    (1) Any of the following substances, including their 
 isomers, esters, ethers, salts, and salts of isomers, esters, 
 and ethers, unless specifically excepted, whenever the existence 
 of such isomers, esters, ethers and salts is possible within the 
 specific chemical designation:  Acetylmethadol; Allylprodine; 
 Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; 
 Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 
 Clonitazene; Dextromoramide; Dextrorphan; Diampromide; 
 Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; 
 Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; 
 Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; 
 Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; 
 Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; 
 Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; 
 Piritramide; Proheptazine; Properidine; Racemoramide; 
 Trimeperidine.  

    (2) Any of the following opium derivatives, their salts, 
 isomers and salts of isomers, unless specifically excepted, 
 whenever the existence of such salts, isomers and salts of 
 isomers is possible within the specific chemical designation:  
 Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; 
 Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; 
 Desomorphine; Dihydromorphine; Etorphine; Heroin; 
 Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine 
 methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; 
 Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; 
 Thebacon.  

    (3) Any material, compound, mixture or preparation which 
 contains any quantity of the following hallucinogenic 
 substances, their salts, isomers and salts of isomers, unless 
 specifically excepted, whenever the existence of such salts, 
 isomers, and salts of isomers is possible within the specific 
 chemical designation:  3,4-methylenedioxy amphetamine; 
 4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine; 
 4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; 
 Bufotenine; Diethyltryptamine; Dimethyltryptamine; 
 3,4,5-trimethoxy amphetamine; 4-methyl-2, 
 5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; 
 marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; 
 N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; 
 Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; 
 n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) 
 pyrrolidine.  

    (4) Peyote, providing the listing of peyote as a controlled 
 substance in schedule I does not apply to the nondrug use of 
 peyote in bona fide religious ceremonies of the American Indian 
 Church, and members of the American Indian Church are exempt 
 from registration.  Any person who manufactures peyote for or 
 distributes peyote to the American Indian Church, however, is 
 required to obtain federal registration annually and to comply 
 with all other requirements of law.  

    (5) Unless specifically excepted or unless listed in 
 another schedule, any material compound, mixture, or preparation 
 which contains any quantity of the following substances having a 
 depressant effect on the central nervous system, including its 
 salts, isomers, and salts of isomers whenever the existence of 
 such salts, isomers, and salts of isomers is possible within the 
 specific chemical designation:  

    Mecloqualone; 

    Flunitrazepam. 

    (6) Unless specifically excepted or unless listed in 
 another schedule, any material compound, mixture, or preparation 
 which contains any quantity of the following substances having a 
 stimulant effect on the central nervous system, including its 
 salts, isomers, and salts of isomers whenever the existence of 
 such salts, isomers, and salts of isomers is possible within the 
 specific chemical designation: 

 Cathinone; 

 Methcathinone. 

    Subd. 3.    Schedule II.  The following items are listed 
 in Schedule II:  

    (1) Unless specifically excepted or unless listed in 
 another schedule, any of the following substances whether 
 produced directly or indirectly by extraction from substances of 
 vegetable origin or independently by means of chemical 
 synthesis, or by a combination of extraction and chemical 
 synthesis:  

    (a) Opium and opiate, and any salt, compound, derivative, 
 or preparation of opium or opiate, including the following:  raw 
 opium, opium extracts, opium fluid extracts, powdered opium, 
 granulated opium, tincture of opium, apomorphine, codeine, 
 ethylmorphine, hydrocodone, hydromorphone, metopon, morphine, 
 oxycodone, oxymorphone, thebaine.  

    (b) Any salt, compound, derivative, or preparation thereof 
 which is chemically equivalent or identical with any of the 
 substances referred to in clause (a), except that these 
 substances shall not include the isoquinoline alkaloids of opium.

    (c) Opium poppy and poppy straw.  

    (d) Coca leaves and any salt, compound, derivative, or 
 preparation of coca leaves, including cocaine and ecgonine, the 
 salts and isomers of cocaine and ecgonine, and the salts of 
 their isomers. 

    (e) Any salt, compound, derivative, or preparation thereof 
 which is chemically equivalent or identical with any of the 
 substances referred to in clause (d), except that the substances 
 shall not include decocainized coca leaves or extraction of coca 
 leaves, which extractions do not contain cocaine or ecgonine.  

    (2) Any of the following opiates, including their isomers,
 esters, ethers, salts, and salts of isomers, esters and ethers, 
 unless specifically excepted, or unless listed in another 
 schedule, whenever the existence of such isomers, esters, ethers 
 and salts is possible within the specific chemical designation:  
 Alfentanil; Alphaprodine; Anileridine; Bezitramide; 
 Dihydrocodeine; Dihydromorphinone; Diphenoxylate; Fentanyl; 
 Isomethadone; Levomethorphan; Levorphanol; Metazocine; 
 Methadone; Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 
 4-diphenylbutane; Moramide - Intermediate, 
 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid; 
 Pethidine; Pethidine - Intermediate - A, 
 4-cyano-1-methyl-4-phenylpiperidine; Pethidine - Intermediate - 
 B, ethyl-4-phenylpiperidine-4-carboxylate; Pethidine - 
 Intermediate - C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; 
 Phenazocine; Piminodine; Racemethorphan; Racemorphan. 

    (3) Unless specifically excepted or unless listed in 
 another schedule, any material, compound, mixture, or 
 preparation which contains any quantity of the following 
 substances having a stimulant effect on the central nervous 
 system:  

    (a) Amphetamine, its salts, optical isomers, and salts of 
 its optical isomers; 

    (b) Methamphetamine, its salts, isomers, and salts of its 
 isomers; 

    (c) Phenmetrazine and its salts; 

    (d) Methylphenidate.  

    (4) Unless specifically excepted or unless listed in 
 another schedule, any material, compound, mixture, or 
 preparation which contains any quantity of the following 
 substances having a depressant effect on the central nervous 
 system, including its salts, isomers, and salts of isomers 
 whenever the existence of such salts, isomers, and salts of 
 isomers is possible within the specific chemical designation:  

    (a) Methaqualone 

    (b) Amobarbital 

    (c) Secobarbital 

    (d) Pentobarbital 

    (e) Phencyclidine 

    (f) Phencyclidine immediate precursors:  

    (i) 1-phenylcyclohexylamine 

    (ii) 1-piperidinocyclohexanecarbonitrile. 

    Subd. 4.    Schedule III.  The following items are 
 listed in Schedule III:  

    (1) Any material, compound, mixture, or preparation which 
 contains any quantity of Amphetamine, its salts, optical 
 isomers, and salts of its optical isomers; Phenmetrazine and its 
 salts; Methamphetamine, its salts, isomers, and salts of 
 isomers; Methylphenidate; and which is required by federal law 
 to be labeled with the symbol prescribed by 21 Code of Federal 
 Regulations Section 1302.03 and in effect on February 1, 1976 
 designating that the drug is listed as a Schedule III controlled 
 substance under federal law.  

    (2) Any material, compound, mixture, or preparation which 
 contains any quantity of the following substances having a 
 potential for abuse associated with a depressant effect on the 
 central nervous system:  

    (a) Any compound, mixture, or preparation containing 
 amobarbital, secobarbital, pentobarbital or any salt thereof and 
 one or more other active medicinal ingredients which are not 
 listed in any schedule.  

    (b) Any suppository dosage form containing amobarbital, 
 secobarbital, pentobarbital, or any salt of any of these drugs 
 and approved by the food and drug administration for marketing 
 only as a suppository.  

    (c) Any substance which contains any quantity of a 
 derivative of barbituric acid, or any salt of a derivative of 
 barbituric acid, except those substances which are specifically 
 listed in other schedules:  Chlorhexadol; Glutethimide; Lysergic 
 acid; Lysergic acid amide; Methyprylon; Sulfondiethylmethane; 
 Sulfonethylmethane; Sulfonmethane.  

    (3) Any material, compound, mixture, or preparation which 
 contains any quantity of the following substances having a 
 potential for abuse associated with a stimulant effect on the 
 central nervous system:  

    (a) Benzphetamine 

    (b) Chlorphentermine 

    (c) Clortermine 

    (d) Mazindol 

    (e) Phendimetrazine.  

    (4) Nalorphine.  

    (5) Any material, compound, mixture, or preparation 
 containing limited quantities of any of the following narcotic 
 drugs, or any salts thereof:  

    (a) Not more than 1.80 grams of codeine per 100 
 milliliters or not more than 90 milligrams per dosage unit, with 
 an equal or greater quantity of an isoquinoline alkaloid of 
 opium.  

    (b) Not more than 1.80 grams of codeine per 100 
 milliliters or not more than 90 milligrams per dosage unit, with 
 one or more active, nonnarcotic ingredients in recognized 
 therapeutic amounts.  

    (c) Not more than 300 milligrams of dihydrocodeinone per 
 100 milliliters or not more than 15 milligrams per dosage unit, 
 with a fourfold or greater quantity of an isoquinoline alkaloid 
 of opium.  

    (d) Not more than 300 milligrams of dihydrocodeinone per 
 100 milliliters or not more than 15 milligrams per dosage unit, 
 with one or more active, nonnarcotic ingredients in recognized 
 therapeutic amounts. 

    (e) Not more than 1.80 grams of dihydrocodeine per 100 
 milliliters or not more than 90 milligrams per dosage unit, with 
 one or more active, nonnarcotic ingredients in recognized 
 therapeutic amounts.  

    (f) Not more than 300 milligrams of ethylmorphine per 100 
 milliliters or not more than 15 milligrams per dosage unit, with 
 one or more active, nonnarcotic ingredients in recognized 
 therapeutic amounts.  

    (g) Not more than 500 milligrams of opium per 100 
 milliliters or per 100 grams, or not more than 25 milligrams per 
 dosage unit, with one or more active, nonnarcotic ingredients in 
 recognized therapeutic amounts. 

    (h) Not more than 50 milligrams of morphine per 100 
 milliliters or per 100 grams with one or more active, 
 nonnarcotic ingredients in recognized therapeutic amounts. 

    Subd. 5.    Schedule IV.  (a) The following items are 
 listed in Schedule IV: Anabolic substances; Barbital; 
 Butorphanol; Carisoprodol; Chloral betaine; Chloral hydrate; 
 Chlordiazepoxide; Clonazepam; Clorazepate; Diazepam; 
 Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine; 
 Flurazepam; Mebutamate; Methohexital; Meprobamate except when in 
 combination with the following drugs in the following or lower 
 concentrations:  conjugated estrogens, 0.4 mg; tridihexethyl 
 chloride, 25mg; pentaerythritol tetranitrate, 20 mg; 
 Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline; 
 Petrichloral; Phenobarbital; and Phentermine.  

    (b) For purposes of this subdivision, "anabolic substances" 
 means the naturally occurring androgens or derivatives of 
 androstane (androsterone and testosterone); testosterone and its 
 esters, including, but not limited to, testosterone propionate, 
 and its derivatives, including, but not limited to, 
 methyltestosterone and growth hormones, except that anabolic 
 substances are not included if they are:  (1) expressly intended 
 for administration through implants to cattle or other nonhuman 
 species; and (2) approved by the United States Food and Drug 
 Administration for that use. 

    Subd. 6.    Schedule V.  The following items are listed 
 in Schedule V: 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; 

    (1) Not more than 100 milligrams of dihydrocodeine per 100 
 milliliters or per 100 grams. 

    (2) Not more than 100 milligrams of ethylmorphine per 100 
 milliliters or per 100 grams. 

    (3) Not more than 2.5 milligrams of diphenoxylate and not 
 less than 25 micrograms of atropine sulfate per dosage unit. 

    (4) Not more than 15 milligrams of anhydrous morphine per 
 100 milliliters or per 100 grams. 

    Subd. 7.    Board of pharmacy; regulation of substances. 
  The board of pharmacy is authorized to regulate and define 
 additional substances which contain quantities of a substance 
 possessing abuse potential in accordance with the following 
 criteria: 

    (1) The board of pharmacy shall place a substance in 
 Schedule I if it finds that the substance has:  A high potential 
 for abuse, no currently accepted medical use in the United 
 States, and a lack of accepted safety for use under medical 
 supervision. 

    (2) The board of pharmacy shall place a substance in 
 Schedule II if it finds that the substance has:  A high 
 potential for abuse, currently accepted medical use in the 
 United States, or currently accepted medical use with severe 
 restrictions, and that abuse may lead to severe psychological or 
 physical dependence. 

    (3) The board of pharmacy shall place a substance in 
 Schedule III if it finds that the substance has:  A potential 
 for abuse less than the substances listed in Schedules I and II, 
 currently accepted medical use in treatment in the United 
 States, and that abuse may lead to moderate or low physical 
 dependence or high psychological dependence. 

    (4) The board of pharmacy shall place a substance in 
 Schedule IV if it finds that the substance has:  A low potential 
 for abuse relative to the substances in Schedule III, currently 
 accepted medical use in treatment in the United States, and that 
 abuse may lead to limited physical dependence or psychological 
 dependence relative to the substances in Schedule III. 

    (5) The board of pharmacy shall place a substance in 
 Schedule V if it finds that the substance has:  A low potential 
 for abuse relative to the substances listed in Schedule IV, 
 currently accepted medical use in treatment in the United 
 States, and limited physical dependence and/or psychological 
 dependence liability relative to the substances listed in 
 Schedule IV. 

    Subd. 8.    Add, delete, or reschedule substances.  The 
 state board of pharmacy may, by rule, add substances to or 
 delete or reschedule substances listed in this section.  The 
 state board of pharmacy, after consulting with the advisory 
 council on controlled substances, shall annually, on or before 
 May 1 of each year, conduct a review of the placement of 
 controlled substances in the various schedules. 

    In making a determination regarding a substance, the board 
 of pharmacy shall consider the following:  The actual or 
 relative potential for abuse, the scientific evidence of its 
 pharmacological effect, if known, the state of current 
 scientific knowledge regarding the substance, the history and 
 current pattern of abuse, the scope, duration, and significance 
 of abuse, the risk to public health, the potential of the 
 substance to produce psychic or physiological dependence 
 liability, and whether the substance is an immediate precursor 
 of a substance already controlled under this section.  The state 
 board of pharmacy may include any nonnarcotic drug authorized by 
 federal law for medicinal use in a schedule only if such drug 
 must, under either federal or state law or rule, be sold only on 
 prescription. 

    Subd. 9.    Except substances by rule.  The state board 
 of pharmacy may by rule except any compound, mixture, or 
 preparation containing any stimulant or depressant substance 
 listed in subdivision 4, clauses (1) and (2) or in subdivisions 
 5 and 6 from the application of all or any part of this chapter, 
 if the compound, mixture, or preparation contains one or more 
 active medicinal ingredients not having a stimulant or 
 depressant effect on the central nervous system; provided, that 
 such admixtures shall be included therein in such combinations, 
 quantity, proportion, or concentration as to vitiate the 
 potential for abuse of the substances which do have a stimulant 
 or depressant effect on the central nervous system. 

    Subd. 10.    Dextromethorphan.  Dextromethorphan shall 
 not be deemed to be included in any schedule by reason of the 
 enactment of Laws 1971, chapter 937, unless controlled pursuant 
 to the foregoing provisions of this section. 

    Subd. 11. Repealed, 1993 c 337 s 20 

    Subd. 12.    Coordination of controlled substance 
 regulation with federal law.  If any substance is designated, 
 rescheduled, or deleted as a controlled substance under federal 
 law and notice thereof is given to the state board of pharmacy, 
 the state board of pharmacy shall similarly control the 
 substance under this chapter, after the expiration of 30 days 
 from publication in the Federal Register of a final order 
 designating a substance as a controlled substance or 
 rescheduling or deleting a substance.  Such order shall be filed 
 with the secretary of state.  If within that 30-day period, the 
 state board of pharmacy objects to inclusion, rescheduling, or 
 deletion, it shall publish the reasons for objection and afford 
 all interested parties an opportunity to be heard.  At the 
 conclusion of the hearing, the state board of pharmacy shall 
 publish its decision, which shall be subject to the provisions 
 of chapter 14. 

    In exercising the authority granted by this chapter, the 
 state board of pharmacy shall be subject to the provisions of 
 chapter 14.  The state board of pharmacy shall provide copies of 
 any proposed rule under this chapter to the advisory council on 
 controlled substances at least 30 days prior to any hearing 
 required by section 14.14, subdivision 1.  The state board of 
 pharmacy shall consider the recommendations of the advisory 
 council on controlled substances, which may be made prior to or 
 at the hearing. 

    Subd. 13.    Implementation study.  Annually, the state 
 board of pharmacy shall study the implementation of this chapter 
 in relation to the problems of drug abuse in Minnesota. 

    HIST: 1971 c 937 s 12; 1973 c 693 s 2-4; 1976 c 338 s 1-4; 
 1979 c 157 s 2-4; 1979 c 243 s 2; 1982 c 424 s 130; 1983 c 260 s 
 39,40; 1985 c 248 s 70; 1987 c 14 s 1; 1987 c 298 s 2; 1987 c 
 384 art 2 s 40; 1989 c 230 s 1; 1994 c 465 art 1 s 20-22; 1996 c 
 408 art 11 s 2; 1997 c 7 art 2 s 21; 1997 c 187 art 5 s 21; 1997 
 c 239 art 4 s 3,4 

*   NOTE:  The amendment to subdivision 5 by Laws 1997, chapter 
*239, article 4, section 4, relating to the listing of 
*carisoprodol in schedule IV is effective August 1, 1999, and 
*applies to acts committed on or after that date.  Laws 1997, 
*chapter 239, article 4, section 15, as amended by Laws 1998, 
*chapter 367, article 4, section 7.

     152.021 Controlled substance crime in the first degree. 

    Subdivision 1.    Sale crimes.  A person is guilty of 
 controlled substance crime in the first degree if: 

    (1) on one or more occasions within a 90-day period the 
 person unlawfully sells one or more mixtures of a total weight 
 of ten grams or more containing cocaine, heroin, or 
 methamphetamine; 

    (2) on one or more occasions within a 90-day period the 
 person unlawfully sells one or more mixtures of a total weight 
 of 50 grams or more containing a narcotic drug other than 
 cocaine, heroin, or methamphetamine; 

    (3) on one or more occasions within a 90-day period the 
 person unlawfully sells one or more mixtures of a total weight 
 of 50 grams or more containing amphetamine, phencyclidine, or 
 hallucinogen or, if the controlled substance is packaged in 
 dosage units, equaling 200 or more dosage units; or 

    (4) on one or more occasions within a 90-day period the 
 person unlawfully sells one or more mixtures of a total weight 
 of 50 kilograms or more containing marijuana or 
 Tetrahydrocannabinols, or one or more mixtures of a total weight 
 of 25 kilograms or more containing marijuana or 
 Tetrahydrocannabinols in a school zone, a park zone, a public 
 housing zone, or a drug treatment facility. 

    Subd. 2.    Possession crimes.  A person is guilty of a 
 controlled substance crime in the first degree if: 

    (1) the person unlawfully possesses one or more mixtures of 
 a total weight of 25 grams or more containing cocaine, heroin, 
 or methamphetamine; 

    (2) the person unlawfully possesses one or more mixtures of 
 a total weight of 500 grams or more containing a narcotic drug 
 other than cocaine, heroin, or methamphetamine; 

    (3) the person unlawfully possesses one or more mixtures of 
 a total weight of 500 grams or more containing amphetamine, 
 phencyclidine, or hallucinogen or, if the controlled substance 
 is packaged in dosage units, equaling 500 or more dosage units; 
 or 

    (4) the person unlawfully possesses one or more mixtures of 
 a total weight of 100 kilograms or more containing marijuana or 
 Tetrahydrocannabinols. 

    Subd. 2a.    Manufacture crimes.  Notwithstanding 
 subdivision 1, sections 152.022, subdivision 1, 152.023, 
 subdivision 1, and 152.024, subdivision 1, a person is guilty of 
 controlled substance crime in the first degree if the person 
 manufactures any amount of methamphetamine. 

    Subd. 3.    Penalty.  (a) A person convicted under 
 subdivisions 1 to 2a may be sentenced to imprisonment for not 
 more than 30 years or to payment of a fine of not more than 
 $1,000,000, or both. 

    (b) If the conviction is a subsequent controlled substance 
 conviction, a person convicted under subdivisions 1 to 2a shall 
 be committed to the commissioner of corrections for not less 
 than four years nor more than 40 years and, in addition, may be 
 sentenced to payment of a fine of not more than $1,000,000.  

    (c) In a prosecution under subdivision 1 involving sales by 
 the same person in two or more counties within a 90-day period, 
 the person may be prosecuted for all of the sales in any county 
 in which one of the sales occurred. 

    HIST: 1989 c 290 art 3 s 8; 1990 c 602 art 7 s 1; 1991 c 279 s 
 3; 1992 c 359 s 4,5; 1993 c 326 art 13 s 5; 1995 c 244 s 1; 1997 
 c 239 art 4 s 5,6; 1998 c 367 art 4 s 1 

     152.022 Controlled substance crime in the second degree. 

    Subdivision 1.    Sale crimes.  A person is guilty of 
 controlled substance crime in the second degree if: 

    (1) on one or more occasions within a 90-day period the 
 person unlawfully sells one or more mixtures of a total weight 
 of three grams or more containing cocaine, heroin, or 
 methamphetamine; 

    (2) on one or more occasions within a 90-day period the 
 person unlawfully sells one or more mixtures of a total weight 
 of ten grams or more containing a narcotic drug other than 
 cocaine, heroin, or methamphetamine; 

    (3) on one or more occasions within a 90-day period the 
 person unlawfully sells one or more mixtures of a total weight 
 of ten grams or more containing amphetamine, phencyclidine, or 
 hallucinogen or, if the controlled substance is packaged in 
 dosage units, equaling 50 or more dosage units; 

    (4) on one or more occasions within a 90-day period the 
 person unlawfully sells one or more mixtures of a total weight 
 of 25 kilograms or more containing marijuana or 
 Tetrahydrocannabinols; 

    (5) the person unlawfully sells any amount of a schedule I 
 or II narcotic drug to a person under the age of 18, or 
 conspires with or employs a person under the age of 18 to 
 unlawfully sell the substance; or 

    (6) the person unlawfully sells any of the following in a 
 school zone, a park zone, a public housing zone, or a drug 
 treatment facility: 

    (i) any amount of a schedule I or II narcotic drug, or 
 lysergic acid diethylamide (LSD); 

    (ii) one or more mixtures containing methamphetamine or 
 amphetamine; or 

    (iii) one or more mixtures of a total weight of five 
 kilograms or more containing marijuana or Tetrahydrocannabinols. 

    Subd. 2.    Possession crimes.  A person is guilty of 
 controlled substance crime in the second degree if: 

    (1) the person unlawfully possesses one or more mixtures of 
 a total weight of six grams or more containing cocaine, heroin, 
 or methamphetamine; 

    (2) the person unlawfully possesses one or more mixtures of 
 a total weight of 50 grams or more containing a narcotic drug 
 other than cocaine, heroin, or methamphetamine; 

    (3) the person unlawfully possesses one or more mixtures of 
 a total weight of 50 grams or more containing amphetamine, 
 phencyclidine, or hallucinogen or, if the controlled substance 
 is packaged in dosage units, equaling 100 or more dosage units; 
 or 

    (4) the person unlawfully possesses one or more mixtures of 
 a total weight of 50 kilograms or more containing marijuana or 
 Tetrahydrocannabinols. 

    Subd. 3.    Penalty.  (a) A person convicted under 
 subdivision 1 or 2 may be sentenced to imprisonment for not more 
 than 25 years or to payment of a fine of not more than $500,000, 
 or both. 

    (b) If the conviction is a subsequent controlled substance 
 conviction, a person convicted under subdivision 1 or 2 shall be 
 committed to the commissioner of corrections for not less than 
 three years nor more than 40 years and, in addition, may be 
 sentenced to payment of a fine of not more than $500,000.  

    (c) In a prosecution under subdivision 1 involving sales by 
 the same person in two or more counties within a 90-day period, 
 the person may be prosecuted for all of the sales in any county 
 in which one of the sales occurred. 

    HIST: 1989 c 290 art 3 s 9; 1990 c 602 art 7 s 2; 1991 c 199 
 art 1 s 53; 1991 c 279 s 4; 1992 c 359 s 6,7; 1993 c 326 art 3 s 
 1; art 13 s 6; 1995 c 244 s 2; 1997 c 239 art 4 s 7,8; 1998 c 
 367 art 4 s 2 

     152.023 Controlled substance crime in the third degree. 

    Subdivision 1.    Sale crimes.  A person is guilty of 
 controlled substance crime in the third degree if:  

    (1) the person unlawfully sells one or more mixtures 
 containing a narcotic drug; 

    (2) on one or more occasions within a 90-day period the 
 person unlawfully sells one or more mixtures containing 
 phencyclidine or hallucinogen, it is packaged in dosage units, 
 and equals ten or more dosage units; 

    (3) the person unlawfully sells one or more mixtures 
 containing a controlled substance classified in schedule I, II, 
 or III, except a schedule I or II narcotic drug, to a person 
 under the age of 18; 

    (4) the person conspires with or employs a person under the 
 age of 18 to unlawfully sell one or more mixtures containing a 
 controlled substance listed in schedule I, II, or III, except a 
 schedule I or II narcotic drug; or 

    (5) on one or more occasions within a 90-day period the 
 person unlawfully sells one or more mixtures of a total weight 
 of five kilograms or more containing marijuana or 
 Tetrahydrocannabinols. 

    Subd. 2.    Possession crimes.  A person is guilty of 
 controlled substance crime in the third degree if: 

    (1) on one or more occasions within a 90-day period the 
 person unlawfully possesses one or more mixtures of a total 
 weight of three grams or more containing cocaine, heroin, or 
 methamphetamine; 

    (2) on one or more occasions within a 90-day period the 
 person unlawfully possesses one or more mixtures of a total 
 weight of ten grams or more containing a narcotic drug other 
 than cocaine, heroin, or methamphetamine; 

    (3) on one or more occasions within a 90-day period the 
 person unlawfully possesses one or more mixtures containing a 
 narcotic drug, it is packaged in dosage units, and equals 50 or 
 more dosage units; 

    (4) on one or more occasions within a 90-day period the 
 person unlawfully possesses any amount of a schedule I or II 
 narcotic drug or five or more dosage units of lysergic acid 
 diethylamide (LSD) in a school zone, a park zone, a public 
 housing zone, or a drug treatment facility; 

    (5) on one or more occasions within a 90-day period the 
 person unlawfully possesses one or more mixtures of a total 
 weight of ten kilograms or more containing marijuana or 
 Tetrahydrocannabinols; or 

    (6) the person unlawfully possesses one or more mixtures 
 containing methamphetamine or amphetamine in a school zone, a 
 park zone, a public housing zone, or a drug treatment facility. 

    Subd. 3.    Penalty.  (a) A person convicted under 
 subdivision 1 or 2 may be sentenced to imprisonment for not more 
 than 20 years or to payment of a fine of not more than $250,000, 
 or both. 

    (b) If the conviction is a subsequent controlled substance 
 conviction, a person convicted under subdivision 1 or 2 shall be 
 committed to the commissioner of corrections for not less than 
 two years nor more than 30 years and, in addition, may be 
 sentenced to payment of a fine of not more than $250,000.  

    (c) In a prosecution under subdivision 1 or 2 involving 
 sales or acts of possession by the same person in two or more 
 counties within a 90-day period, the person may be prosecuted in 
 any county in which one of the sales or acts of possession 
 occurred. 

    HIST: 1989 c 290 art 3 s 10; 1990 c 602 art 7 s 3,4; 1991 c 
 199 art 1 s 54; 1991 c 279 s 5; 1992 c 359 s 8; 1993 c 326 art 3 
 s 2; art 13 s 7; 1995 c 244 s 3; 1997 c 239 art 4 s 9-11; 1998 c 
 367 art 4 s 3 

     152.024 Controlled substance crime in the fourth degree. 

    Subdivision 1.    Sale crimes.  A person is guilty of 
 controlled substance crime in the fourth degree if: 

    (1) the person unlawfully sells one or more mixtures 
 containing a controlled substance classified in schedule I, II, 
 or III, except marijuana or Tetrahydrocannabinols; 

    (2) the person unlawfully sells one or more mixtures 
 containing a controlled substance classified in schedule IV or V 
 to a person under the age of 18; 

    (3) the person conspires with or employs a person under the 
 age of 18 to unlawfully sell a controlled substance classified 
 in schedule IV or V; or 

    (4) the person unlawfully sells any amount of marijuana or 
 Tetrahydrocannabinols in a school zone, a park zone, a public 
 housing zone, or a drug treatment facility, except a small 
 amount for no remuneration. 

    Subd. 2.    Possession crimes.  A person is guilty of 
 controlled substance crime in the fourth degree if:  

    (1) the person unlawfully possesses one or more mixtures 
 containing phencyclidine or hallucinogen, it is packaged in 
 dosage units, and equals ten or more dosage units; or 

    (2) the person unlawfully possesses one or more mixtures 
 containing a controlled substance classified in schedule I, II, 
 or III, except marijuana or Tetrahydrocannabinols, with the 
 intent to sell it. 

    Subd. 3.    Penalty.  (a) A person convicted under 
 subdivision 1 or 2 may be sentenced to imprisonment for not more 
 than 15 years or to payment of a fine of not more than $100,000, 
 or both. 

    (b) If the conviction is a subsequent controlled substance 
 conviction, a person convicted under subdivision 1 or 2 shall be 
 committed to the commissioner of corrections or to a local 
 correctional authority for not less than one year nor more than 
 30 years and, in addition, may be sentenced to payment of a fine 
 of not more than $100,000. 

    HIST: 1989 c 290 art 3 s 11; 1990 c 602 art 7 s 5; 1991 c 279 
 s 6; 1993 c 326 art 13 s 8; 1995 c 244 s 4; 1997 c 239 art 4 s 
 12 

     152.025 Controlled substance crime in the fifth degree. 

    Subdivision 1.    Sale crimes.  A person is guilty of 
 controlled substance crime in the fifth degree if: 

    (1) the person unlawfully sells one or more mixtures 
 containing marijuana or Tetrahydrocannabinols, except a small 
 amount of marijuana for no remuneration; or 

    (2) the person unlawfully sells one or more mixtures 
 containing a controlled substance classified in schedule IV. 

    Subd. 2.    Possession and other crimes.  A person is 
 guilty of controlled substance crime in the fifth degree if: 

    (1) the person unlawfully possesses one or more mixtures 
 containing a controlled substance classified in schedule I, II, 
 III, or IV, except a small amount of marijuana; or 

    (2) the person procures, attempts to procure, possesses, or 
 has control over a controlled substance by any of the following 
 means: 

    (i) fraud, deceit, misrepresentation, or subterfuge; 

    (ii) using a false name or giving false credit; or 

    (iii) falsely assuming the title of, or falsely 
 representing any person to be, a manufacturer, wholesaler, 
 pharmacist, physician, doctor of osteopathy licensed to practice 
 medicine, dentist, podiatrist, veterinarian, or other authorized 
 person for the purpose of obtaining a controlled substance. 

    Subd. 3.    Penalty.  (a) A person convicted under 
 subdivision 1 or 2 may be sentenced to imprisonment for not more 
 than five years or to payment of a fine of not more than 
 $10,000, or both. 

    (b) If the conviction is a subsequent controlled substance 
 conviction, a person convicted under subdivision 1 or 2 shall be 
 committed to the commissioner of corrections or to a local 
 correctional authority for not less than six months nor more 
 than ten years and, in addition, may be sentenced to payment of 
 a fine of not more than $20,000. 

    HIST: 1989 c 290 art 3 s 12; 1990 c 602 art 7 s 6; 1992 c 359 
 s 9; 1993 c 326 art 13 s 9; 1995 c 244 s 5 

     152.026 Mandatory sentences. 

    A defendant convicted and sentenced to a mandatory sentence 
 under sections 152.021 to 152.025 is not eligible for probation, 
 parole, discharge, or supervised release until that person has 
 served the full term of imprisonment as provided by law, 
 notwithstanding sections 242.19, 243.05, 609.12, and 609.135.  
 "Term of imprisonment" has the meaning given in section 244.01, 
 subdivision 8. 

    HIST: 1989 c 290 art 3 s 13; 1993 c 326 art 13 s 10 

     152.0261 Importing controlled substances across state 
  borders. 

    Subdivision 1.    Felony.  A person who crosses a state 
 or international border into Minnesota while in possession of an 
 amount of a controlled substance that constitutes a first degree 
 controlled substance crime under section 152.021, subdivision 2, 
 is guilty of importing controlled substances and may be 
 sentenced as provided in subdivision 3. 

    Subd. 1a.    Use of person under 18 to import.  A person 
 who conspires with or employs a person under the age of 18 to 
 cross a state or international border into Minnesota while that 
 person or the person under the age of 18 is in possession of an 
 amount of a controlled substance that constitutes a controlled 
 substance crime under sections 152.021 to 152.025, with the 
 intent to obstruct the criminal justice process, is guilty of 
 importing controlled substances and may be sentenced as provided 
 in subdivision 3. 

    Subd. 2.    Jurisdiction.  A violation of this section 
 may be charged, indicted, and tried in any county, but not more 
 than one county, into or through which the actor has brought the 
 controlled substance. 

    Subd. 3.    Penalty.  A person convicted of violating 
 this section is guilty of a felony and may be sentenced to 
 imprisonment for not more than 35 years or to payment of a fine 
 of not more than $1,250,000, or both. 

    HIST: 1990 c 602 art 7 s 7; 1998 c 367 art 4 s 4,5 

     152.027 Other controlled substance offenses. 

    Subdivision 1.    Sale of schedule V controlled substance. 
  A person who unlawfully sells one or more mixtures containing 
 a controlled substance classified in schedule V may be sentenced 
 to imprisonment for not more than one year or to payment of a 
 fine of not more than $3,000, or both. 

    Subd. 2.    Possession of schedule V controlled substance. 
  A person who unlawfully possesses one or more mixtures 
 containing a controlled substance classified in schedule V may 
 be sentenced to imprisonment for not more than one year or to 
 payment of a fine of not more than $3,000, or both.  The court 
 may order that a person who is convicted under this subdivision 
 and placed on probation be required to take part in a drug 
 education program as specified by the court. 

    Subd. 3.    Possession of marijuana in a motor vehicle.  
 A person is guilty of a misdemeanor if the person is the owner 
 of a private motor vehicle, or is the driver of the motor 
 vehicle if the owner is not present, and possesses on the 
 person, or knowingly keeps or allows to be kept within the area 
 of the vehicle normally occupied by the driver or passengers, 
 more than 1.4 grams of marijuana.  This area of the vehicle does 
 not include the trunk of the motor vehicle if the vehicle is 
 equipped with a trunk, or another area of the vehicle not 
 normally occupied by the driver or passengers if the vehicle is 
 not equipped with a trunk.  A utility or glove compartment is 
 deemed to be within the area occupied by the driver and 
 passengers. 

    Subd. 4.    Possession or sale of small amounts of 
 marijuana.  (a) A person who unlawfully sells a small amount 
 of marijuana for no remuneration, or who unlawfully possesses a 
 small amount of marijuana is guilty of a petty misdemeanor 
 punishable by a fine of up to $200 and participation in a drug 
 education program unless the court enters a written finding that 
 a drug education program is inappropriate.  The program must be 
 approved by an area mental health board with a curriculum 
 approved by the state alcohol and drug abuse authority. 

    (b) A person convicted of an unlawful sale under paragraph 
 (a) who is subsequently convicted of an unlawful sale under 
 paragraph (a) within two years is guilty of a misdemeanor and 
 shall be required to participate in a chemical dependency 
 evaluation and treatment if so indicated by the evaluation. 

    (c) A person who is convicted of a petty misdemeanor under 
 paragraph (a) who willfully and intentionally fails to comply 
 with the sentence imposed, is guilty of a misdemeanor.  
 Compliance with the terms of the sentence imposed before 
 conviction under this paragraph is an absolute defense. 

    HIST: 1989 c 290 art 3 s 14 

     152.0271 Notice of drug convictions; driver's license 
  revocation. 

    When a person is convicted of violating a provision of 
 sections 152.021 to 152.027, the sentencing court shall 
 determine whether the person unlawfully sold or possessed the 
 controlled substance while driving a motor vehicle.  If so, the 
 court shall notify the commissioner of public safety of its 
 determination and order the commissioner to revoke the person's 
 driver's license for 30 days.  If the person does not have a 
 driver's license or if the person's driver's license is 
 suspended or revoked at the time of the conviction, the 
 commissioner shall delay the issuance or reinstatement of the 
 person's driver's license for 30 days after the person applies 
 for the issuance or reinstatement of the license.  Upon receipt 
 of the court's order, the commissioner is authorized to take the 
 licensing action without a hearing. 

    HIST: 1993 c 347 s 1 

     152.028 Permissive inference of knowing possession. 

    Subdivision 1.    Residences.  The presence of a 
 controlled substance in open view in a room, other than a public 
 place, under circumstances evincing an intent by one or more of 
 the persons present to unlawfully mix, compound, package, or 
 otherwise prepare for sale the controlled substance permits the 
 factfinder to infer knowing possession of the controlled 
 substance by each person in close proximity to the controlled 
 substance when the controlled substance was found.  The 
 permissive inference does not apply to any person if: 

    (1) one of them legally possesses the controlled substance; 
 or 

    (2) the controlled substance is on the person of one of the 
 occupants. 

    Subd. 2.    Passenger automobiles.  The presence of a 
 controlled substance in a passenger automobile permits the 
 factfinder to infer knowing possession of the controlled 
 substance by the driver or person in control of the automobile 
 when the controlled substance was in the automobile.  This 
 inference may only be made if the defendant is charged with 
 violating section 152.021, 152.022, 152.023, or 152.0261.  The 
 inference does not apply: 

    (1) to a duly licensed operator of an automobile who is at 
 the time operating it for hire in the lawful and proper pursuit 
 of the operator's trade; 

    (2) to any person in the automobile if one of them legally 
 possesses a controlled substance; or 

    (3) when the controlled substance is concealed on the 
 person of one of the occupants. 

    HIST: 1989 c 290 art 3 s 15; 1990 c 602 art 7 s 8 

     152.029 Public information; school zones, park zones, 
  public housing zones, and drug treatment facilities. 

    The attorney general shall disseminate information to the 
 public relating to the penalties for committing controlled 
 substance crimes in park zones, school zones, public housing 
 zones, and drug treatment facilities.  The attorney general 
 shall draft a plain language version of sections 152.022 and 
 152.023 and relevant provisions of the sentencing guidelines, 
 that describes in a clear and coherent manner using words with 
 common and everyday meanings the content of those provisions.  
 The attorney general shall publicize and disseminate the plain 
 language version as widely as practicable, including 
 distributing the version to school boards, local governments, 
 and administrators and occupants of drug treatment facilities 
 and public housing. 

    HIST: 1989 c 290 art 3 s 16; 1991 c 279 s 7; 1997 c 239 art 4 
 s 13 

  152.03 Repealed, 1969 c 933 s 22 

  152.04 Repealed, 1969 c 933 s 22 

  152.041 Repealed, 1971 c 937 s 22 

  152.05 Repealed, 1969 c 933 s 22 

  152.06 Repealed, 1969 c 933 s 22 

  152.07 Repealed, 1969 c 933 s 22 

  152.08 Repealed, 1969 c 933 s 22 

  152.09 Repealed, 1989 c 290 art 3 s 37 

     152.092 Possession of drug paraphernalia prohibited. 

    It is unlawful for any person knowingly or intentionally to 
 use or to possess drug paraphernalia.  Any violation of this 
 section is a petty misdemeanor.  

    HIST: 1982 c 557 s 2 

     152.093 Manufacture or delivery of drug paraphernalia 
  prohibited. 

    It is unlawful for any person knowingly or intentionally to 
 deliver drug paraphernalia or knowingly or intentionally to 
 possess or manufacture drug paraphernalia for delivery.  Any 
 violation of this section is a misdemeanor.  

    HIST: 1982 c 557 s 3 

     152.094 Delivery of drug paraphernalia to a minor 
  prohibited. 

    Any person 18 years of age or older who violates section 
 152.093 by knowingly or intentionally delivering drug 
 paraphernalia to a person under 18 years of age who is at least 
 three years younger is guilty of a gross misdemeanor. 

    HIST: 1982 c 557 s 4; 1986 c 444 

     152.095 Advertisement of drug paraphernalia prohibited. 

    It is unlawful for any person knowingly or intentionally to 
 place in any newspaper, magazine, handbill, or other publication 
 any advertisement or promotion for the sale of drug 
 paraphernalia.  A violation of this section is a misdemeanor.  

    HIST: 1982 c 557 s 5 

     152.096 Conspiracies prohibited. 

    Subdivision 1.    Prohibited acts; penalties.  Any 
 person who conspires to commit any act prohibited by this 
 chapter, except possession or distribution for no remuneration 
 of a small amount of marijuana as defined in section 152.01, 
 subdivision 16, is guilty of a felony and upon conviction may be 
 imprisoned, fined, or both, up to the maximum amount authorized 
 by law for the act the person conspired to commit.  

    Subd. 2.    Conviction of coconspirator not required.  A 
 person liable under this section may be charged with and 
 convicted of conspiracy although the person or persons with whom 
 that person conspired have not been convicted or have been 
 convicted of some other crime based on the same act.  

    HIST: 1982 c 557 s 6; 1986 c 444; 1989 c 290 art 3 s 17 

     152.097 Simulated controlled substances. 

    Subdivision 1.    Prohibition.  It is unlawful for any 
 person knowingly to manufacture, sell, transfer or deliver or 
 attempt to sell, transfer or deliver a noncontrolled substance 
 upon:  

    (a) The express representation that the noncontrolled 
 substance is a narcotic or nonnarcotic controlled substance; or 

    (b) The express representation that the substance is of 
 such nature or appearance that the recipient of the delivery 
 will be able to sell, transfer or deliver the substance as a 
 controlled substance; or 

    (c) Under circumstances which would lead a reasonable 
 person to believe that the substance was a controlled 
 substance.  Any of the following factors shall constitute 
 relevant evidence:  

    (i) The noncontrolled substance was packaged in a manner 
 normally used for the illegal delivery of controlled substances; 
 or 

    (ii) The delivery or attempted delivery included an 
 exchange of or demand for money or other valuable property as 
 consideration for delivery of the noncontrolled substance, and 
 the amount of the consideration was substantially in excess of 
 the reasonable value of the noncontrolled substance; or 

    (iii) The physical appearance of the noncontrolled 
 substance is substantially identical to a specified controlled 
 substance.  

    Subd. 2.    No defense.  In any prosecution under this 
 section, it is no defense that the accused believed the 
 noncontrolled substance to actually be a controlled substance.  

    Subd. 3.    Exemption.  This section does not apply to 
 the prescribing and dispensing of placebos by licensed 
 practitioners and licensed pharmacists.  

    Subd. 4.    Penalty.  A person who violates this section 
 may be sentenced to imprisonment for not more than three years 
 or to payment of a fine of not more than $20,000, or both.  
 Sentencing for a conviction for attempting to sell, transfer, or 
 deliver a noncontrolled substance in violation of this section 
 is governed by section 609.17, subdivision 4. 

    HIST: 1982 c 599 s 1; 1989 c 290 art 3 s 18 

     152.0971 Terms. 

    Subdivision 1.    Terms.  For purposes of sections 
 152.0971 to 152.0974, the following terms have the meanings 
 given. 

    Subd. 1a.    Authorized agent.  An "authorized agent" is 
 an individual representing a business who is responsible for the 
 disbursement or custody of precursor substances. 

    Subd. 2.    Furnish.  "Furnish" means to sell, transfer, 
 deliver, send, or supply a precursor substance by any other 
 means. 

    Subd. 2a.    Purchaser.  A "purchaser" is a 
 manufacturer, wholesaler, retailer, or any other person in this 
 state who receives or seeks to receive a precursor substance. 

    Subd. 2b.    Receive.  "Receive" means to purchase, 
 receive, collect, or otherwise obtain a precursor substance from 
 a supplier. 

    Subd. 3.    Supplier.  A "supplier" is a manufacturer, 
 wholesaler, retailer, or any other person in this or any other 
 state who furnishes a precursor substance to another person in 
 this state. 

    HIST: 1990 c 565 s 22; 1993 c 326 art 3 s 3-6 

     152.0972 Precursors of controlled substances. 

    Subdivision 1.    Precursor substances.  The following 
 precursors of controlled substances are "precursor substances": 

    (1) phenyl-2-propanone; 

    (2) methylamine; 

    (3) ethylamine; 

    (4) d-lysergic acid; 

    (5) ergotamine tartrate; 

    (6) diethyl malonate; 

    (7) malonic acid; 

    (8) hydriodic acid; 

    (9) ethyl malonate; 

    (10) barbituric acid; 

    (11) piperidine; 

    (12) n-acetylanthranilic acid; 

    (13) pyrrolidine; 

    (14) phenylacetic acid; 

    (15) anthranilic acid; 

    (16) ephedrine; 

    (17) pseudoephedrine; 

    (18) norpseudoephedrine; 

    (19) phenylpropanolamine; 

    (20) propionic anhydride; 

    (21) isosafrole; 

    (22) safrole; 

    (23) piperonal; 

    (24) thionylchloride; 

    (25) benzyl cyanide; 

    (26) ergonovine maleate; 

    (27) n-methylephedrine; 

    (28) n-ethylpseudoephedrine; 

    (29) n-methylpseudoephedrine; 

    (30) chloroephedrine; 

    (31) chloropseudoephedrine; and 

    (32) any substance added to this list by rule adopted by 
 the state board of pharmacy. 

    Subd. 2.    Adoption of rules.  The state board of 
 pharmacy may adopt rules under chapter 14 that add a substance 
 to the list in subdivision 1, if the substance is a precursor to 
 a controlled substance, or delete a substance from the list.  A 
 rule adding or deleting a substance is effective only until 
 December 31 of the year following the calendar year during which 
 the rule was adopted. 

    HIST: 1990 c 565 s 23; 1993 c 326 art 3 s 7 

     152.0973 Report of transaction. 

    Subdivision 1.    Predelivery notice.  A supplier who 
 furnishes a precursor substance to a person in this state shall, 
 not less than 21 days before delivery of the substance, submit 
 to the bureau of criminal apprehension a report of the 
 transaction that includes the identification information 
 specified in subdivision 3. 

    Subd. 1a.    Report of precursor substances received from 
 out of state.  A purchaser of a precursor substance from 
 outside of Minnesota shall, not less than 21 days before taking 
 possession of the substance, submit to the bureau of criminal 
 apprehension a report of the transaction that includes the 
 identification information specified in subdivision 3.  

    Subd. 2.    Regular reports.  The bureau may authorize a 
 purchaser or supplier to submit the reports on a monthly basis 
 with respect to repeated, regular transactions between the 
 supplier and the purchaser involving the same substance if the 
 superintendent of the bureau of criminal apprehension determines 
 that: 

    (1) a pattern of regular supply of the precursor substance 
 exists between the supplier and the purchaser of the substance; 
 or 

    (2) the purchaser has established a record of utilizing the 
 precursor substance for lawful purposes. 

    Subd. 2a.    Report of missing precursor substance.  A 
 supplier or purchaser who discovers a discrepancy between the 
 quantity of precursor substance shipped and the quantity of 
 precursor substance received shall report the discrepancy to the 
 bureau of criminal apprehension within three days of knowledge 
 of the discrepancy.  The report must include: 

    (1) the complete name and address of the purchaser; 

    (2) the type of precursor substance missing; 

    (3) whether the precursor substance is missing due to 
 theft, loss, or shipping discrepancy; 

    (4) the method of delivery used; 

    (5) the name of the common carrier or person who 
 transported the substance; and 

    (6) the date of shipment. 

    Subd. 3.    Proper identification.  A report submitted 
 by a supplier or purchaser under this section must include: 

    (1) the purchaser's driver's license number or state 
 identification number and residential or mailing address other 
 than a post office box number taken from the purchaser's 
 driver's license or state identification card, if the purchaser 
 is not an authorized agent; 

    (2) the motor vehicle license number of the motor vehicle 
 operated by the purchaser at the time of sale, if the purchaser 
 is not an authorized agent; 

    (3) a complete description of how the precursor substance 
 will be used, if the purchaser is not an authorized agent; 

    (4) a letter of authorization from the business for which 
 the precursor substance is being furnished, including the state 
 tax identification number and address of the business, a full 
 description of how the precursor substance is to be used, and 
 the signature of the authorized agent for the purchaser; 

    (5) the signature of the supplier as a witness to the 
 signature and identification of the purchaser; 

    (6) the type and quantity of the precursor substance; 

    (7) the method of delivery used; and 

    (8) the complete name and address of the supplier. 

    Subd. 4.    Retention of records.  A supplier shall 
 retain a copy of reports filed under subdivisions 1, 2, and 2a 
 for five years.  A purchaser shall retain a copy of reports 
 filed under subdivisions 1a and 2a for five years. 

    Subd. 5.    Inspections.  All records relating to 
 sections 152.0971 to 152.0974 shall be open to inspection by the 
 bureau of criminal apprehension during regular business hours. 

    Subd. 6.    Penalties.  (a) A person who does not submit 
 a report as required by this section is guilty of a misdemeanor. 

    (b) A person who knowingly submits a report required by 
 this section with false or fictitious information is guilty of a 
 gross misdemeanor. 

    (c) A person who is convicted a second or subsequent time 
 of violating paragraph (a) is guilty of a gross misdemeanor if 
 the subsequent offense occurred after the earlier conviction. 

    HIST: 1990 c 565 s 24; 1993 c 326 art 3 s 8-14 

     152.0974 Exceptions. 

    Sections 152.0971 to 152.0974 do not apply to: 

    (1) a pharmacist or other authorized person who sells or 
 furnishes a precursor substance on the prescription of a 
 physician, dentist, podiatrist, or veterinarian; 

    (2) a physician, dentist, podiatrist, or veterinarian who 
 administers or furnishes a precursor substance to patients; 

    (3) a manufacturer or wholesaler licensed by the state 
 board of pharmacy who sells, transfers, or otherwise furnishes a 
 precursor substance to a licensed pharmacy, physician, dentist, 
 podiatrist, or veterinarian; or 

    (4) the furnishing or receipt of a drug that contains 
 ephedrine, pseudoephedrine, norpseudoephedrine, or 
 phenylpropanolamine and is lawfully furnished over the counter 
 without a prescription under the federal Food, Drug, and 
 Cosmetic Act, United States Code, title 21, chapter 9, or 
 regulations adopted under that act. 

    HIST: 1990 c 565 s 25 

     152.10 Sales, persons eligible.  

    No person other than a licensed pharmacist, assistant 
 pharmacist or pharmacist intern under the supervision of a 
 pharmacist shall sell a stimulant or depressant drug and then 
 only as provided in sections 152.021 to 152.12.  

    HIST: (3906-13) 1939 c 102 s 3; 1967 c 408 s 5; 1991 c 199 art 
 2 s 1 

     152.101 Manufacturers, records.  

    Subdivision 1.    Preparation of record.  Every person 
 engaged in manufacturing, compounding, processing, selling, 
 delivering or otherwise disposing of any controlled substance 
 shall, upon July 1, 1971, May 1, 1973, and every second year 
 thereafter, prepare a complete and accurate record of all stocks 
 of each controlled substance on hand and shall keep such record 
 for two years.  When additional controlled substances are 
 designated after July 1, 1971, a similar record must be prepared 
 upon the effective date of their designation.  On and after July 
 1, 1971, every person manufacturing, compounding or processing 
 any controlled substance shall prepare and keep, for not less 
 than two years, a complete and accurate record of the kind and 
 quantity of each drug manufactured, compounded or processed and 
 the date of such manufacture, compounding, or processing; and 
 every person selling, delivering, or otherwise disposing of any 
 controlled substance shall prepare or obtain, and keep for not 
 less than two years, a complete and accurate record of the kind 
 and quantity of each such controlled substance received, sold, 
 delivered, or otherwise disposed of, the name and address from 
 whom it was received and to whom it was sold, delivered or 
 otherwise disposed of, and the date of such transaction.  The 
 form of such records shall be prescribed by the state board of 
 pharmacy.  

    Subd. 2.    Application to doctors.  This section shall 
 not apply to a licensed doctor of medicine, a doctor of 
 osteopathy duly licensed to practice medicine, a licensed doctor 
 of dentistry, a licensed doctor of podiatry, or licensed doctor 
 of veterinary medicine in the course of that doctor's 
 professional practice, unless such practitioner regularly 
 engages in dispensing any such drugs to the practitioner's 
 patients for which the patients are charged, either separately 
 or together with charges for other professional services.  

    Subd. 3.    Research exception.  This section shall not 
 apply to a person engaged in bona fide research conducted under 
 an exemption granted under applicable federal law.  

    HIST: 1967 c 408 s 6; 1971 c 937 s 14; 1973 c 693 s 6; 1986 c 
 444 

     152.11 Written or oral prescriptions, requisites. 

    Subdivision 1.    Written prescription requirement for 
 schedule II controlled substances.  No person may dispense a 
 controlled substance included in Schedule II of section 152.02 
 without a prescription written by a doctor of medicine, a doctor 
 of osteopathy licensed to practice medicine, a doctor of dental 
 surgery, a doctor of dental medicine, a doctor of podiatry, or a 
 doctor of veterinary medicine, lawfully licensed to prescribe in 
 this state, or a state bordering Minnesota, and having a current 
 federal drug enforcement administration registration number.  
 Provided that in emergency situations, as authorized by federal 
 law, such drug may be dispensed upon oral prescription reduced 
 promptly to writing and filed by the pharmacist.  Such 
 prescriptions shall be retained in conformity with section 
 152.101.  No prescription for a Schedule II substance may be 
 refilled.  

    For the purposes of this chapter, a written prescription or 
 oral prescription, which shall be reduced to writing, for a 
 controlled substance in schedule II, III, IV or V is void unless 
 (1) it is written in ink and contains the name and address of 
 the person for whose use it is intended; (2) it states the 
 amount of the controlled substance to be compounded or 
 dispensed, with directions for its use; (3) if a written 
 prescription, it contains the signature, address and federal 
 registry number of the prescriber and a designation of the 
 branch of the healing art pursued by the prescriber; and if an 
 oral prescription, the name and address of the prescriber and a 
 designation of the prescriber's branch of the healing art; and 
 (4) it shows the date when signed by the prescriber, or the date 
 of acceptance in the pharmacy if an oral prescription.  Every 
 licensed pharmacist who compounds any such prescription shall 
 retain such prescription in a file for a period of not less than 
 two years, open to inspection by any officer of the state, 
 county, or municipal government, whose duty it is to aid and 
 assist with the enforcement of this chapter.  Every such 
 pharmacist shall distinctly label the container with the 
 directions contained in the prescription for the use thereof. 

    Subd. 2.    Written or oral prescription requirement for 
 schedule III or IV controlled substances.  No person may 
 dispense a controlled substance included in schedule III or IV 
 of section 152.02 without a written or oral prescription from a 
 doctor of medicine, a doctor of osteopathy licensed to practice 
 medicine, a doctor of dental surgery, a doctor of dental 
 medicine, a doctor of podiatry, or a doctor of veterinary 
 medicine, lawfully licensed to prescribe in this state or a 
 state bordering Minnesota, and having a current federal drug 
 enforcement administration registration number.  Such 
 prescription may not be dispensed or refilled except with the 
 written or verbal consent of the prescriber, and in no event 
 more than six months after the date on which such prescription 
 was issued and no such prescription may be refilled more than 
 five times. 

    Subd. 2a.    Federal registration number exemption.  A 
 prescription need not bear a federal drug enforcement 
 administration registration number that authorizes the 
 prescriber to prescribe controlled substances if the drug 
 prescribed is not a controlled substance in schedule II, III, 
 IV, or V.  No person shall impose a requirement inconsistent 
 with this subdivision. 

    Subd. 2b.    Restriction on release of federal 
 registration number.  No person or entity may offer for sale, 
 sell, lease, or otherwise release a federal drug enforcement 
 administration registration number for any reason, except for 
 drug enforcement purposes authorized by this chapter and the 
 federal controlled substances registration system.  For purposes 
 of this section, an entity includes a state governmental agency 
 or regulatory board, a health plan company as defined under 
 section 62Q.01, subdivision 4, a managed care organization as 
 defined under section 62Q.01, subdivision 5, or any other entity 
 that maintains prescription data. 

    Subd. 2c.    Restriction on use of federal registration 
 number.  No entity may use a federal drug enforcement 
 administration registration number to identify or monitor the 
 prescribing practices of a prescriber to whom that number has 
 been assigned, except for drug enforcement purposes authorized 
 by this chapter and the federal controlled substances 
 registration system.  For purposes of this section, an entity 
 includes a health plan company as defined under section 62Q.01, 
 subdivision 4, a managed care organization as defined under 
 section 62Q.01, subdivision 5, or any other entity that 
 maintains prescription data. 

    Subd. 3.    Dispensing orphan drugs.  For the purpose of 
 subdivisions 1 and 2, nothing shall prohibit the dispensing of 
 orphan drugs prescribed by a person practicing in and licensed 
 by another state as a physician, dentist, veterinarian, or 
 podiatrist; who has a current federal drug enforcement 
 administration registration number; and who may legally 
 prescribe Schedule II, III, IV, or V controlled substances in 
 that state. 

    HIST: (3906-14) 1939 c 102 s 4; 1939 c 193 s 4; 1955 c 185 s 
 2; 1967 c 408 s 7; 1971 c 937 s 15; 1973 c 693 s 7; 1986 c 444; 
 1993 c 82 s 2; 1994 c 465 art 1 s 23; 1995 c 66 s 1,2; 1998 c 
 316 s 1-3 

*   NOTE:  Subdivisions 2a, 2b, and 2c, as added by Laws 1998, 
*chapter 316, sections 1 to 3, are effective 24 months after the 
*date on which a unique health identifier is adopted or 
*established under United States Code, title 42, sections 1320d 
*to 1320d-8 (1996 and subsequent amendments).  Laws 1998, chapter 
*316, section 4.

     152.12 Doctors may prescribe. 

    Subdivision 1.    Prescribing, dispensing, administering 
 controlled substances in schedules II through V.  A licensed 
 doctor of medicine, a doctor of osteopathy, duly licensed to 
 practice medicine, a doctor of dental surgery, or a doctor of 
 dental medicine, or a licensed doctor of podiatry, and in the 
 course of professional practice only, may prescribe, administer, 
 and dispense a controlled substance included in Schedules II 
 through V of section 152.02, may cause the same to be 
 administered by a nurse, an intern or an assistant under the 
 direction and supervision of the doctor, and may cause a person 
 who is an appropriately certified and licensed health care 
 professional to prescribe and administer the same within the 
 expressed legal scope of the person's practice as defined in 
 Minnesota Statutes. 

    Subd. 2.    Doctor of veterinary medicine.  A licensed 
 doctor of veterinary medicine, in good faith, and in the course 
 of professional practice only, and not for use by a human being, 
 may prescribe, administer, and dispense a controlled substance 
 included in schedules II through V of section 152.02, and may 
 cause the same to be administered by an assistant under the 
 direction and supervision of the doctor. 

    Subd. 3.    Research project use of controlled substances. 
  Any qualified person may use controlled substances in the 
 course of a bona fide research project but cannot administer or 
 dispense such drugs to human beings unless such drugs are 
 prescribed, dispensed and administered by a person lawfully 
 authorized to do so.  Every person who engages in research 
 involving the use of such substances shall apply annually for 
 registration by the state board of pharmacy provided that such 
 registration shall not be required if the person is covered by 
 and has complied with federal laws covering such research 
 projects.  

    Subd. 4.    Sale of controlled substances not prohibited 
 for certain persons and entities.  Nothing in this chapter 
 shall prohibit the sale to, or the possession of, a controlled 
 substance in schedule II, III, IV or V by:  Registered drug 
 wholesalers, registered manufacturers, registered pharmacies, or 
 any licensed hospital or other licensed institutions wherein 
 sick and injured persons are cared for or treated, or bona fide 
 hospitals wherein animals are treated; or by licensed 
 pharmacists, licensed doctors of medicine, doctors of osteopathy 
 duly licensed to practice medicine, licensed doctors of dental 
 surgery, licensed doctors of dental medicine, licensed doctors 
 of podiatry, or licensed doctors of veterinary medicine when 
 such practitioners use controlled substances within the course 
 of their professional practice only.  

    Nothing in this chapter shall prohibit the possession of a 
 controlled substance in schedule II, III, IV or V by an employee 
 or agent of a registered drug wholesaler, registered 
 manufacturer, or registered pharmacy, while acting in the course 
 of employment, or by a patient of a licensed doctor of medicine, 
 a doctor of osteopathy duly licensed to practice medicine, or a 
 licensed doctor of dental surgery, a licensed doctor of dental 
 medicine, or by the owner of an animal for which a controlled 
 substance has been prescribed by a licensed doctor of veterinary 
 medicine, when such controlled substances are dispensed 
 according to law.  

    Subd. 5.    Analytical laboratory not prohibited from 
 providing anonymous analysis service.  Nothing in this chapter 
 shall prohibit an analytical laboratory from conducting an 
 anonymous analysis service when such laboratory is registered by 
 the Federal Drug Enforcement Administration, nor prohibit the 
 possession of a controlled substance by an employee or agent of 
 such analytical laboratory while acting in the course of 
 employment.  

    HIST: (3906-15) 1939 c 102 s 5; 1967 c 408 s 8; 1971 c 937 s 
 16; 1973 c 693 s 8,9; 1974 c 369 s 2; 1986 c 444; 1988 c 440 s 3 

     152.125 Intractable pain. 

    Subdivision 1.    Definition.  For purposes of this 
 section, "intractable pain" means a pain state in which the 
 cause of the pain cannot be removed or otherwise treated with 
 the consent of the patient and in which, in the generally 
 accepted course of medical practice, no relief or cure of the 
 cause of the pain is possible, or none has been found after 
 reasonable efforts.  Reasonable efforts for relieving or curing 
 the cause of the pain may be determined on the basis of, but are 
 not limited to, the following: 

    (1) when treating a nonterminally ill patient for 
 intractable pain, evaluation by the attending physician and one 
 or more physicians specializing in pain medicine or the 
 treatment of the area, system, or organ of the body perceived as 
 the source of the pain; or 

    (2) when treating a terminally ill patient, evaluation by 
 the attending physician who does so in accordance with the level 
 of care, skill, and treatment that would be recognized by a 
 reasonably prudent physician under similar conditions and 
 circumstances. 

    Subd. 2.    Prescription and administration of controlled 
 substances for intractable pain.  Notwithstanding any other 
 provision of this chapter, a physician may prescribe or 
 administer a controlled substance in schedules II to V of 
 section 152.02 to an individual in the course of the physician's 
 treatment of the individual for a diagnosed condition causing 
 intractable pain.  No physician shall be subject to disciplinary 
 action by the board of medical practice for appropriately 
 prescribing or administering a controlled substance in schedules 
 II to V of section 152.02 in the course of treatment of an 
 individual for intractable pain, provided the physician keeps 
 accurate records of the purpose, use, prescription, and disposal 
 of controlled substances, writes accurate prescriptions, and 
 prescribes medications in conformance with chapter 147. 

    Subd. 3.    Limits on applicability.  This section does 
 not apply to: 

    (1) a physician's treatment of an individual for chemical 
 dependency resulting from the use of controlled substances in 
 schedules II to V of section 152.02; 

    (2) the prescription or administration of controlled 
 substances in schedules II to V of section 152.02 to an 
 individual whom the physician knows to be using the controlled 
 substances for nontherapeutic purposes; 

    (3) the prescription or administration of controlled 
 substances in schedules II to V of section 152.02 for the 
 purpose of terminating the life of an individual having 
 intractable pain; or 

    (4) the prescription or administration of a controlled 
 substance in schedules II to V of section 152.02 that is not a 
 controlled substance approved by the United States Food and Drug 
 Administration for pain relief. 

    Subd. 4.    Notice of risks.  Prior to treating an 
 individual for intractable pain in accordance with subdivision 
 2, a physician shall discuss with the individual the risks 
 associated with the controlled substances in schedules II to V 
 of section 152.02 to be prescribed or administered in the course 
 of the physician's treatment of an individual, and document the 
 discussion in the individual's record. 

    HIST: 1997 c 124 s 1 

     152.13 Duties of state board of pharmacy.  

    It shall be the duty of the state board to enforce the 
 provisions of this chapter, and the power and authority of the 
 board, as now defined by the laws of this state, are hereby 
 extended so as to be commensurate with the duties hereby imposed.

    HIST: (3899-10) 1921 c 190 s 10; 1967 c 408 s 9 

     152.135 Restrictions on sales, marketing, and possession 
  of ephedrine. 

    Subdivision 1.    Prescription status for ephedrine.  
 Except as provided in this section, a material, compound, 
 mixture, or preparation that contains any quantity of ephedrine, 
 a salt of ephedrine, an optical isomer of ephedrine, or a salt 
 of an optical isomer of ephedrine, may be dispensed only upon 
 the prescription of a duly licensed practitioner authorized by 
 the laws of the state to prescribe prescription drugs. 

    Subd. 2.    Exceptions.  (a) A drug product containing 
 ephedrine, its salts, optical isomers, and salts of optical 
 isomers is exempt from subdivision 1 if the drug product: 

    (1) may be lawfully sold over the counter without a 
 prescription under the federal Food, Drug, and Cosmetic Act, 
 United States Code, title 21, section 321, et seq.; 

    (2) is labeled and marketed in a manner consistent with the 
 pertinent OTC Tentative Final or Final Monograph; 

    (3) is manufactured and distributed for legitimate 
 medicinal use in a manner that reduces or eliminates the 
 likelihood of abuse; 

    (4) is not marketed, advertised, or labeled for the 
 indication of stimulation, mental alertness, weight loss, muscle 
 enhancement, appetite control, or energy; and 

    (5) is in solid oral dosage forms, including soft gelatin 
 caplets, that combine 400 milligrams of guaifenesin and 25 
 milligrams of ephedrine per dose, according to label 
 instructions; or is an anorectal preparation containing not more 
 than five percent ephedrine. 

    (b) Subdivisions 1 and 3 shall not apply to products 
 containing ephedra or ma huang and lawfully marketed as dietary 
 supplements under federal law.  

    Subd. 3.    Mismarketing of ephedrine prohibited.  The 
 marketing, advertising, or labeling of a product containing 
 ephedrine, a salt of ephedrine, an optical isomer of ephedrine, 
 or a salt of an optical isomer of ephedrine for the indication 
 of stimulation, mental alertness, weight loss, appetite control, 
 or energy, is prohibited.  In determining compliance with this 
 subdivision, the following factors may be considered: 

    (1) the packaging of the drug product; 

    (2) the name and labeling of the product; 

    (3) the manner of distribution, advertising, and promotion 
 of the product; 

    (4) verbal representations made concerning the product; and 

    (5) the duration, scope, and significance of abuse or 
 misuse of the product. 

    Subd. 4.    Possession for illicit purposes prohibited.  
 It is unlawful for a person to possess ephedrine, 
 pseudoephedrine, or phenylpropanolamine or their salts, optical 
 isomers, or salts of optical isomers with the intent to use the 
 product as a precursor to an illegal substance. 

    Subd. 5.    Sales for illicit purposes prohibited.  It 
 is unlawful for a person to sell, distribute, or otherwise make 
 available a product containing ephedrine, pseudoephedrine, or 
 phenylpropanolamine or their salts, optical isomers, or salts of 
 optical isomers if the person knows or reasonably should know 
 that the product will be used as a precursor to an illegal 
 substance. 

    Subd. 6.    Penalty.  A person who violates this section 
 is guilty of a misdemeanor. 

    HIST: 1998 c 367 art 4 s 6 

  152.14 Repealed, 1969 c 933 s 22 

    152.15 Subdivision 1.  Repealed, 1969 c 933 s 22 

    Subdivision 1. Repealed, 1989 c 290 art 3 s 37 

    Subd. 2. Repealed, 1989 c 290 art 3 s 37 

    Subd. 2a. Repealed, 1989 c 290 art 3 s 37 

    Subd. 2b. Repealed, 1989 c 290 art 3 s 37 

    Subd. 3. Repealed, 1989 c 290 art 3 s 37 

    Subd. 4. Repealed, 1987 c 330 s 4 

    Subd. 4a. Repealed, 1989 c 290 art 3 s 37 

    Subd. 5. Repealed, 1989 c 290 art 3 s 37 

  152.151 Repealed, 1996 c 310 s 1 

     152.152 Stayed sentence limited. 

    If a person is convicted under section 152.021, 152.022, or 
 152.023, and the sentencing guidelines grid calls for a 
 presumptive prison sentence for the offense, the court may stay 
 imposition or execution of the sentence only as provided in this 
 section.  The sentence may be stayed based on amenability to 
 probation only if the offender presents adequate evidence to the 
 court that the offender has been accepted by, and can respond 
 to, a treatment program that has been approved by the 
 commissioner of human services.  The court may impose a sentence 
 that is a mitigated dispositional departure on any other ground 
 only if the court includes as a condition of probation 
 incarceration in a local jail or workhouse. 

    HIST: 1989 c 290 art 3 s 20 

  152.16 Repealed, 1967 c 408 s 11 

  152.17 Repealed, 1971 c 937 s 22 

     152.18 Discharge and dismissal. 

    Subdivision 1.    Deferring prosecution for certain first 
 time drug offenders.  If any person who has not previously 
 participated in or completed a diversion program authorized 
 under section 401.065 or who has not previously been placed on 
 probation without a judgment of guilty and thereafter been 
 discharged from probation under this section is found guilty of 
 a violation of section 152.024, subdivision 2, 152.025, 
 subdivision 2, or 152.027, subdivision 2, 3, or 4, for 
 possession of a controlled substance, after trial or upon a plea 
 of guilty, and the court determines that the violation does not 
 qualify as a subsequent controlled substance conviction under 
 section 152.01, subdivision 16a, the court may, without entering 
 a judgment of guilty and with the consent of the person, defer 
 further proceedings and place the person on probation upon such 
 reasonable conditions as it may require and for a period, not to 
 exceed the maximum sentence provided for the violation.  The 
 court may give the person the opportunity to attend and 
 participate in an appropriate program of education regarding the 
 nature and effects of alcohol and drug abuse as a stipulation of 
 probation.  Upon violation of a condition of the probation, the 
 court may enter an adjudication of guilt and proceed as 
 otherwise provided.  The court may, in its discretion, dismiss 
 the proceedings against the person and discharge the person from 
 probation before the expiration of the maximum period prescribed 
 for the person's probation.  If during the period of probation 
 the person does not violate any of the conditions of the 
 probation, then upon expiration of the period the court shall 
 discharge the person and dismiss the proceedings against that 
 person.  Discharge and dismissal under this subdivision shall be 
 without court adjudication of guilt, but a not public record of 
 it shall be retained by the bureau of criminal apprehension for 
 the purpose of use by the courts in determining the merits of 
 subsequent proceedings against the person.  The not public 
 record may also be opened only upon court order for purposes of 
 a criminal investigation, prosecution, or sentencing.  Upon 
 request by law enforcement, prosecution, or corrections 
 authorities, the bureau shall notify the requesting party of the 
 existence of the not public record and the right to seek a court 
 order to open it pursuant to this section.  The court shall 
 forward a record of any discharge and dismissal under this 
 subdivision to the bureau which shall make and maintain the not 
 public record of it as provided under this subdivision.  The 
 discharge or dismissal shall not be deemed a conviction for 
 purposes of disqualifications or disabilities imposed by law 
 upon conviction of a crime or for any other purpose. 

    For purposes of this subdivision, "not public" has the 
 meaning given in section 13.02, subdivision 8a.  

    Subd. 2. Repealed, 1996 c 408 art 9 s 10 

    Subd. 3.    Expungement of certain marijuana offenses.  
 Any person who has been found guilty of a violation of section 
 152.09 with respect to a small amount of marijuana which 
 violation occurred prior to April 11, 1976, and whose conviction 
 would have been a petty misdemeanor under the provisions of 
 section 152.15, subdivision 2, clause (5) in effect on April 11, 
 1978, but whose conviction was for an offense more serious than 
 a petty misdemeanor under laws in effect prior to April 11, 
 1976, may petition the court in which the person was convicted 
 to expunge from all official records, other than the nonpublic 
 record retained by the department of public safety pursuant to 
 section 152.15, subdivision 2, clause (5), all recordation 
 relating to the person's arrest, indictment or information, 
 trial and conviction of an offense more serious than a petty 
 misdemeanor.  The court, upon being satisfied that a small 
 amount was involved in the conviction, shall order all the 
 recordation expunged.  No person as to whom an order has been 
 entered pursuant to this subdivision shall be held thereafter 
 under any provision of any law to be guilty of perjury or 
 otherwise giving a false statement by reason of the person's 
 failure to recite or acknowledge conviction of an offense 
 greater than a petty misdemeanor, unless possession of marijuana 
 is material to a proceeding. 

    HIST: 1971 c 937 s 18; 1973 c 693 s 14; 1978 c 639 s 1; 1986 c 
 444; 1989 c 290 art 3 s 21; 1992 c 569 s 13; 1993 c 326 art 13 s 
 11; 1995 c 226 art 2 s 2; 1996 c 408 art 9 s 2 

  152.19 Repealed, 1988 c 665 s 17 

     152.20 Penalties under other laws. 

    Any penalty imposed for violation of this chapter is in 
 addition to, and not in lieu of, any civil or administrative 
 penalty or sanction otherwise authorized by law.  

    HIST: 1971 c 937 s 20; 1989 c 290 art 3 s 22 

     152.205 Local regulations. 

    Sections 152.01, subdivision 18, and 152.092 to 152.095 do 
 not preempt enforcement or preclude adoption of municipal or 
 county ordinances prohibiting or otherwise regulating the 
 manufacture, delivery, possession, or advertisement of drug 
 paraphernalia. 

    HIST: 1982 c 557 s 11; 1988 c 665 s 1 

     152.21 THC Therapeutic Research Act. 

    Subdivision 1.    Findings and purpose.  The legislature 
 finds that scientific literature indicates promise for 
 delta-9-tetrahydro-cannabinol (THC), the active component of 
 marijuana, in alleviating certain side effects of cancer 
 chemotherapy under strictly controlled medical circumstances.  

    The legislature also finds that further research and 
 strictly controlled experimentation regarding the therapeutic 
 use of THC is necessary and desirable.  The intent of this 
 section is to establish an extensive research program to 
 investigate and report on the therapeutic effects of THC under 
 strictly controlled circumstances in compliance with all federal 
 laws and regulations promulgated by the federal Food and Drug 
 Administration, the national institute on drug abuse and the 
 drug enforcement administration.  The intent of the legislature 
 is to allow this research program the greatest possible access 
 to qualified cancer patients residing in Minnesota who meet 
 protocol requirements.  The establishment of this research 
 program is not intended in any manner whatsoever to condone or 
 promote the illicit recreational use of marijuana.  

    Subd. 2.    Definitions.  For purposes of this section, 
 the following terms shall have the meanings given.  

    (a) "Commissioner" means the commissioner of health.  

    (b) "Marijuana" means marijuana as defined in section 
 152.01, subdivision 9, and delta-9-tetrahydro-cannabinol (THC), 
 tetrahydrocannabinols or a chemical derivative of 
 tetrahydrocannabinols, and all species of the genus Cannabis.  

    (c) "Principal investigator" means the individual 
 responsible for the medical and scientific aspects of the 
 research, development of protocol, and contacting and qualifying 
 the clinical investigators in the state.  

    (d) "Clinical investigators" means those individuals who 
 conduct the clinical trials.  

    (e) "Sponsor" means that individual or organization who, 
 acting on behalf of the state, has the total responsibility for 
 the state program.  

    Subd. 3.    Research grant.  The commissioner of health 
 shall grant funds to the principal investigator selected by the 
 commissioner pursuant to subdivision 4 for the purpose of 
 conducting a research program under a protocol approved by the 
 FDA regarding the therapeutic use of oral THC and other dosage 
 forms, if available, according to the guidelines and 
 requirements of the federal food and drug administration, the 
 drug enforcement administration and the national institute on 
 drug abuse.  The commissioner shall ensure that the research 
 principal investigator complies with the requirements of 
 subdivision 5.  The commissioner may designate the principal 
 investigator as the sponsor.  

    Subd. 4.    Principal investigator.  Within three 
 months of April 25, 1980, the commissioner shall, in 
 consultation with a representative chosen by the state board of 
 pharmacy and a representative chosen by the state board of 
 medical examiners, select a person or research organization to 
 be the principal investigator of the research program.  

    Subd. 5.    Duties.  The principal investigator shall:  

    (1) Apply to the Food and Drug Administration for a notice 
 of "Claimed Investigational Exemption for a New Drug (IND)" 
 pursuant to the Federal Food, Drug and Cosmetic Act, United 
 States Code, title 21, section 301, et seq., and shall comply 
 with all applicable laws and regulations of the federal food and 
 drug administration, the drug enforcement administration, and 
 the national institute on drug abuse in establishing the 
 program; 

    (2) Notify every oncologist in the state of the program, 
 explain the purposes and requirements of the program to them, 
 provide on request each of them with a copy of the approved 
 protocol which shall include summaries of current papers in 
 medical journals reporting on research concerning the safety, 
 efficacy and appropriate use of THC in alleviating the nausea 
 and emetic effects of cancer chemotherapy, and provide on 
 request each of them with a bibliography of other articles 
 published in medical journals; 

    (3) Allow each oncologist (clinical investigator) in the 
 state who meets or agrees to meet all applicable federal 
 requirements for investigational new drug research and who so 
 requests to be included in the research program as a clinical 
 investigator to conduct the clinical trials; 

    (4) Provide explanatory information and assistance to each 
 clinical investigator in understanding the nature of therapeutic 
 use of THC within program requirements, including the Informed 
 Consent Document contained in the protocol, informing and 
 counseling patients involved in the program regarding the 
 appropriate use and the effects of therapeutic use of THC; 

    (5) Apply to contract with the national institute on drug 
 abuse for receipt of dosage forms of THC, fully characterized as 
 to contents and delivery to the human system, pursuant to 
 regulations promulgated by the national institute on drug abuse, 
 and the federal food and drug administration.  The principal 
 investigator shall ensure delivery of the THC dosages to 
 clinical investigators as needed for participation in the 
 program; 

    (6) Conduct the research program in compliance with 
 federal laws and regulations promulgated by the federal food and 
 drug administration, the drug enforcement administration, the 
 national institute on drug abuse, and the purposes and 
 provisions of this section; 

    (7) Submit periodic reports as determined by the 
 commissioner on the numbers of oncologists and patients involved 
 in the program and the results of the program; 

    (8) Submit reports on intermediate or final research 
 results, as appropriate, to the major scientific journals in the 
 United States; and 

    (9) Otherwise comply with the provisions of this section.  

    Subd. 6.    Exemption from criminal sanctions.  For the 
 purposes of this section, the following are not violations under 
 this chapter:  

    (1) use or possession of THC, or both, by a patient in the 
 research program; 

    (2) possession, prescribing use of, administering, or 
 dispensing THC, or any combination of these actions, by the 
 principal investigator or by any clinical investigator; and 

    (3) possession or distribution of THC, or both, by a 
 pharmacy registered to handle schedule I substances which stores 
 THC on behalf of the principal investigator or a clinical 
 investigator.  

    THC obtained and distributed pursuant to this section is 
 not subject to forfeiture under sections 609.531 to 609.5316.  

    For the purposes of this section, THC is removed from 
 schedule I contained in section 152.02, subdivision 2, and 
 inserted in schedule II contained in section 152.02, subdivision 
 3.  

    Subd. 7.    Citation.  This section may be cited as the 
 "THC Therapeutic Research Act."  

    HIST: 1980 c 614 s 93; 1988 c 665 s 2; 1989 c 290 art 3 s 23; 
 1997 c 7 art 2 s 22