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
Subd. 3.MS 1967 [Repealed, 1969 c 933 s 22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Subd. 4.MS 1967 [Repealed, 1969 c 933 s 22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
. 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Subd. 5.[Repealed, 1971 c 937 s 22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
, clause (3), or Minnesota Rules, part 6800.4210
, item C, except marijuana and
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, opiates, and methamphetamine;
(2) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, 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.
(1) to sell, give away, barter, deliver, exchange, distribute or dispose of to another, or to
(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.
, a "subsequent controlled substance conviction" means that before commission of
the offense for which the person is convicted under this chapter, the person received a disposition
for a felony-level offense under section
152.18, subdivision 1
, was convicted in Minnesota of a
felony violation of this chapter or a felony-level attempt or conspiracy to violate this chapter,
or was convicted elsewhere for conduct that would have been a felony under this chapter if
committed in Minnesota. An earlier disposition for a felony-level offense under section
, or an earlier conviction is not relevant if ten years have elapsed since discharge
from sentence or stay of adjudication.
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 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
is located, and includes any property owned, leased, or controlled by the facility.
History: (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; 1999 c 98 s 1; 2005 c 136 art 7 s 2