2006 Minnesota Statutes

CHAPTER 152. DRUGS, CONTROLLED SUBSTANCES

DEFINITIONS AND SCHEDULES

OF 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    Subd. 3.MS 1967 [Repealed, 1969 c 933 s 22]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    Subd. 4.MS 1967 [Repealed, 1969 c 933 s 22]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    Subd. 5.[Repealed, 1971 c 937 s 22]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, opiates, and methamphetamine;
(2) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, opiates,
or methamphetamine;
(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. Notwithstanding section 152.18,
subdivision 1 , 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 152.18,
subdivision 1 , 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 to 9530.4450,
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

152.02 MS 1967 [Repealed, 1969 c 933 s 22]
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; 3,4-methylenedioxymethamphetamine; 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.
(d) Gamma hydroxybutyrate, any salt, compound, derivative, or preparation of gamma
hydroxybutyrate, including any isomers, esters, and ethers and salts of isomers, esters, and ethers
of gamma hydroxybutyrate whenever the existence of such isomers, esters, and salts is possible
within the specific chemical designation.
(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.
(6) Anabolic steroids, which, for purposes of this subdivision, means any drug
or hormonal substance, chemically and pharmacologically related to testosterone,
other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone, and
includes: androstanediol; androstanedione; androstenediol; androstenedione; bolasterone;
boldenone; calusterone; chlorotestosterone; chorionic gonadotropin; clostebol;
dehydrochloromethyltestosterone; (triangle)1-dihydrotestosterone; 4-dihydrotestosterone;
drostanolone; ethylestrenol; fluoxymesterone; formebolone; furazabol; human
growth hormones; 13b-ethyl-17a-hydroxygon-4-en-3-one; 4-hydroxytestosterone;
4-hydroxy-19-nortestosterone; mestanolone; mesterolone; methandienone; methandranone;
methandriol; methandrostenolone; methenolone; 17a-methyl-3b, 17b-dihydroxy-5a-androstane;
17a-methyl-3a, 17b-dihydroxy-5a-androstane; 17a-methyl-3b, 17b-dihydroxyandrost-4-ene;
17a-methyl-4-hydroxynandrolone; methyldienolone; methyltrienolone; methyltestosterone;
mibolerone; 17a-methyl-(triangle)1-dihydrotestosterone; nandrolone; nandrolone phenpropionate;
norandrostenediol; norandrostenedione; norbolethone; norclostebol; norethandrolone;
normethandrolone; oxandrolone; oxymesterone; oxymetholone; stanolone; stanozolol;
stenbolone; testolactone; testosterone; testosterone propionate; tetrahydrogestrinone; trenbolone;
and any salt, ester, or ether of a drug or substance described in this paragraph. Anabolic steroids
are not included if they are: (i) expressly intended for administration through implants to cattle or
other nonhuman species; and (ii) approved by the United States Food and Drug Administration
for that use.
    Subd. 5. Schedule IV. The following items are listed in Schedule IV: 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.
    Subd. 6. Schedule V; restrictions on methamphetamine precursor drugs. (a) As used in
this subdivision, the following terms have the meanings given:
(1) "methamphetamine precursor drug" means any compound, mixture, or preparation
intended for human consumption containing ephedrine or pseudoephedrine as its sole active
ingredient or as one of its active ingredients; and
(2) "over-the-counter sale" means a retail sale of a drug or product but does not include the
sale of a drug or product pursuant to the terms of a valid prescription.
(b) The following items are listed in Schedule V:
(1) 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:
(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit; or
(iv) not more than 15 milligrams of anhydrous morphine per 100 milliliters or per 100
grams; and
(2) any compound, mixture, or preparation containing ephedrine or pseudoephedrine as its
sole active ingredient or as one of its active ingredients.
(c) No person may sell in a single over-the-counter sale more than two packages of a
methamphetamine precursor drug or a combination of methamphetamine precursor drugs or any
combination of packages exceeding a total weight of six grams.
(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
(1) packages containing not more than a total of three grams of one or more methamphetamine
precursor drugs, calculated in terms of ephedrine base or pseudoephedrine base; or
(2) for nonliquid products, sales in blister packs, where each blister contains not more than
two dosage units, or, if the use of blister packs is not technically feasible, sales in unit dose
packets or pouches.
(e) A business establishment that offers for sale methamphetamine precursor drugs in an
over-the-counter sale shall ensure that all packages of the drugs are displayed behind a checkout
counter where the public is not permitted and are offered for sale only by a licensed pharmacist,
a registered pharmacy technician, or a pharmacy clerk. The establishment shall ensure that the
person making the sale requires the buyer:
(1) to provide photographic identification showing the buyer's date of birth; and
(2) to sign a written or electronic document detailing the date of the sale, the name of the
buyer, and the amount of the drug sold. Nothing in this paragraph requires the buyer to obtain a
prescription for the drug's purchase.
(f) No person may acquire through over-the-counter sales more than six grams of
methamphetamine precursor drugs within a 30-day period.
(g) No person may sell in an over-the-counter sale a methamphetamine precursor drug to a
person under the age of 18 years. It is an affirmative defense to a charge under this paragraph if
the defendant proves by a preponderance of the evidence that the defendant reasonably and in
good faith relied on proof of age as described in section 340A.503, subdivision 6.
(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of a
misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to payment of
a fine of not more than $1,000, or both.
(i) An owner, operator, supervisor, or manager of a business establishment that offers for
sale methamphetamine precursor drugs whose employee or agent is convicted of or charged with
violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal penalties for violating any
of those paragraphs if the person:
(1) did not have prior knowledge of, participate in, or direct the employee or agent to
commit the violation; and
(2) documents that an employee training program was in place to provide the employee or
agent with information on the state and federal laws and regulations regarding methamphetamine
precursor drugs.
(j) Any person employed by a business establishment that offers for sale methamphetamine
precursor drugs who sells such a drug to any person in a suspicious transaction shall report the
transaction to the owner, supervisor, or manager of the establishment. The owner, supervisor, or
manager may report the transaction to local law enforcement. A person who reports information
under this subdivision in good faith is immune from civil liability relating to the report.
(k) Paragraphs (b) to (j) do not apply to:
(1) pediatric products labeled pursuant to federal regulation primarily intended for
administration to children under 12 years of age according to label instructions;
(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
being manufactured in a manner that prevents the drug from being used to manufacture
methamphetamine;
(3) methamphetamine precursor drugs in gel capsule or liquid form; or
(4) compounds, mixtures, or preparations in powder form where pseudoephedrine constitutes
less than one percent of its total weight and is not its sole active ingredient.
(l) The Board of Pharmacy, in consultation with the Department of Public Safety, shall
certify methamphetamine precursor drugs that meet the requirements of paragraph (k), clause (2),
and publish an annual listing of these drugs.
(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy pursuant
to sections 151.42 to 151.51 and registered with and regulated by the United States Drug
Enforcement Administration are exempt from the methamphetamine precursor drug storage
requirements of this section.
(n) This section preempts all local ordinances or regulations governing the sale by a business
establishment of over-the-counter products containing ephedrine or pseudoephedrine. All
ordinances enacted prior to the effective date of this act are void.
    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. 8a. Methamphetamine precursors. The State Board of Pharmacy may, by order,
require that nonprescription ephedrine or pseudophedrine products sold in gel capsule or liquid
form be subject to the sale restrictions established in subdivision 6 for methamphetamine
precursor drugs, if the board concludes that ephedrine or pseudophedrine products in gel capsule
or liquid form can be used to manufacture methamphetamine. In assessing the need for an order
under this subdivision, the board shall consult at least annually with the advisory council on
controlled substances, the commissioner of public safety, and the commissioner of health.
    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.
History: 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; 1999 c 163 s 1; 1Sp2001 c 8 art
8 s 1; 2005 c 136 art 7 s 3,4; art 17 s 1,2; 1Sp2005 c 7 s 25

CONTROLLED SUBSTANCE CRIMES

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. Methamphetamine manufacture crime. (a) 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.
    (b) [Renumbered 152.0262, subdivision 1]
    Subd. 3. Penalty. (a) A person convicted under subdivisions 1 to 2a, paragraph (a), 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, paragraph (a), 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.
History: 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; 1Sp2003 c 2 art
8 s 2,3; 2005 c 136 art 7 s 5,6,21

NOTE: Parts of subdivision 3 relating to penalties for possession of methamphetamine
precursors were renumbered as section 152.0262, subdivision 2.

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, lysergic acid diethylamide (LSD),
3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
(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.
History: 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; 1Sp2001 c 8 art 8 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), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine
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.
History: 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; 1Sp2001 c 8 art 8 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.
History: 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.
History: 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 and 152.0262 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.
History: 1989 c 290 art 3 s 13; 1993 c 326 art 13 s 10; 2005 c 136 art 7 s 21

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 and 152.0262, 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.
History: 1990 c 602 art 7 s 7; 1998 c 367 art 4 s 4,5; 2005 c 136 art 7 s 21

152.0262 POSSESSION OF SUBSTANCES WITH INTENT TO MANUFACTURE
METHAMPHETAMINE CRIME.
    Subdivision 1. Possession of precursors. A person is guilty of a crime if the person possesses
any chemical reagents or precursors with the intent to manufacture methamphetamine. As used in
this section and section 152.021, "chemical reagents or precursors" includes any of the following
substances, or any similar substances that can be used to manufacture methamphetamine, or the
salts, isomers, and salts of isomers of a listed or similar substance:
(1) ephedrine;
(2) pseudoephedrine;
(3) phenyl-2-propanone;
(4) phenylacetone;
(5) anhydrous ammonia;
(6) organic solvents;
(7) hydrochloric acid;
(8) lithium metal;
(9) sodium metal;
(10) ether;
(11) sulfuric acid;
(12) red phosphorus;
(13) iodine;
(14) sodium hydroxide;
(15) benzaldehyde;
(16) benzyl methyl ketone;
(17) benzyl cyanide;
(18) nitroethane;
(19) methylamine;
(20) phenylacetic acid;
(21) hydriodic acid; or
(22) hydriotic acid.
    Subd. 2. Penalty. (a) A person convicted under subdivision 1 may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
(b) If the conviction is a subsequent controlled substance conviction, a person convicted
under subdivision 1 may be sentenced to imprisonment for not more than 15 years or to payment
of a fine of not more than $30,000, or both.
History: 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; 1Sp2003 c 2 art
8 s 2,3; 2005 c 136 art 7 s 5,6,21

152.027 OTHER CONTROLLED SUBSTANCE OFFENSES.
    Subdivision 1. Sale of schedule V controlled substance. Except as provided in section
152.02, subdivision 6, 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. Except as provided in section
152.02, subdivision 6, 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 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.
History: 1989 c 290 art 3 s 14; 2005 c 10 art 3 s 8; 2005 c 136 art 7 s 7,8

DRIVER'S LICENSE REVOCATION

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
and 152.0262, 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.
History: 1993 c 347 s 1; 2005 c 136 art 7 s 21

METHAMPHETAMINE; PROPERTY USE PROHIBITION;

REMEDIATION; NOTIFICATION REQUIREMENTS

152.0275 CERTAIN CONTROLLED SUBSTANCE OFFENSES; RESTITUTION;
PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.
    Subdivision 1. Restitution. (a) As used in this subdivision:
(1) "clandestine lab site" means any structure or conveyance or outdoor location
occupied or affected by conditions or chemicals typically associated with the manufacturing
of methamphetamine;
(2) "emergency response" includes, but is not limited to, removing and collecting evidence,
securing the site, removal, remediation, and hazardous chemical assessment or inspection of the
site where the relevant offense or offenses took place, regardless of whether these actions are
performed by the public entities themselves or by private contractors paid by the public entities,
or the property owner;
(3) "remediation" means proper cleanup, treatment, or containment of hazardous substances
or methamphetamine at or in a clandestine lab site, and may include demolition or disposal of
structures or other property when an assessment so indicates; and
(4) "removal" means the removal from the clandestine lab site of precursor or waste
chemicals, chemical containers, or equipment associated with the manufacture, packaging, or
storage of illegal drugs.
(b) A court may require a person convicted of manufacturing or attempting to manufacture
a controlled substance or of an illegal activity involving a precursor substance, where the
response to the crime involved an emergency response, to pay restitution to all public entities
that participated in the response. The restitution ordered may cover the reasonable costs of their
participation in the response.
(c) In addition to the restitution authorized in paragraph (b), a court may require a person
convicted of manufacturing or attempting to manufacture a controlled substance or of illegal
activity involving a precursor substance to pay restitution to a property owner who incurred
removal or remediation costs because of the crime.
    Subd. 2. Property-related prohibitions; notice; Web site. (a) As used in this subdivision:
(1) "clandestine lab site" has the meaning given in subdivision 1, paragraph (a);
(2) "property" means publicly or privately owned real property including buildings and
other structures, motor vehicles as defined in section 609.487, subdivision 2a, public waters,
and public rights-of-way;
(3) "remediation" has the meaning given in subdivision 1, paragraph (a); and
(4) "removal" has the meaning given in subdivision 1, paragraph (a).
(b) A peace officer who arrests a person at a clandestine lab site shall notify the appropriate
county or local health department, state duty officer, and child protection services of the arrest
and the location of the site.
(c) A county or local health department or sheriff shall order that any property or portion
of a property that has been found to be a clandestine lab site and contaminated by substances,
chemicals, or items of any kind used in the manufacture of methamphetamine or any part of the
manufacturing process, or the by-products or degradates of manufacturing methamphetamine be
prohibited from being occupied or used until it has been assessed and remediated as provided in
the Department of Health's clandestine drug labs general cleanup guidelines. The remediation
shall be accomplished by a contractor who will make the verification required under paragraph (e).
(d) Unless clearly inapplicable, the procedures specified in chapter 145A and any related
rules adopted under that chapter addressing the enforcement of public health laws, the removal
and abatement of public health nuisances, and the remedies available to property owners or
occupants apply to this subdivision.
(e) Upon the proper removal and remediation of any property used as a clandestine lab site,
the contractor shall verify to the property owner and the applicable authority that issued the
order under paragraph (c) that the work was completed according to the Department of Health's
clandestine drug labs general cleanup guidelines and best practices. The contractor shall provide
the verification to the property owner and the applicable authority within five days from the
completion of the remediation. Following this, the applicable authority shall vacate its order.
(f) If a contractor issues a verification and the property was not remediated according to the
Department of Health's clandestine drug labs general cleanup guidelines, the contractor is liable
to the property owner for the additional costs relating to the proper remediation of the property
according to the guidelines and for reasonable attorney fees for collection of costs by the property
owner. An action under this paragraph must be commenced within six years from the date on
which the verification was issued by the contractor.
(g) If the applicable authority determines under paragraph (c) that a motor vehicle has
been contaminated by substances, chemicals, or items of any kind used in the manufacture of
methamphetamine or any part of the manufacturing process, or the by-products or degradates
of manufacturing methamphetamine and if the authority is able to obtain the certificate of title
for the motor vehicle, the authority shall notify the registrar of motor vehicles of this fact and in
addition, forward the certificate of title to the registrar. The authority shall also notify the registrar
when it vacates its order under paragraph (e).
(h) The applicable authority issuing an order under paragraph (c) shall record with the
county recorder or registrar of titles of the county where the clandestine lab is located an affidavit
containing the name of the owner, a legal description of the property where the clandestine lab
was located, and a map drawn from available information showing the boundary of the property
and the location of the contaminated area on the property that is prohibited from being occupied
or used that discloses to any potential transferee:
(1) that the property, or portion of the property, was the site of a clandestine lab;
(2) the location, condition, and circumstances of the clandestine lab, to the full extent known
or reasonably ascertainable; and
(3) that the use of the property or some portion of it may be restricted as provided by
paragraph (c).
If an inaccurate drawing or description is filed, the authority, on request of the owner or another
interested person, shall file a supplemental affidavit with a corrected drawing or description.
If the authority vacates its order under paragraph (e), the authority shall record an affidavit that
contains the recording information of the above affidavit and states that the order is vacated. Upon
filing the affidavit vacating the order, the affidavit and the affidavit filed under this paragraph,
together with the information set forth in the affidavits, cease to constitute either actual or
constructive notice.
(i) If proper removal and remediation has occurred on the property, an interested party may
record an affidavit indicating that this has occurred. Upon filing the affidavit described in this
paragraph, the affidavit and the affidavit filed under paragraph (h), together with the information
set forth in the affidavits, cease to constitute either actual or constructive notice. Failure to record
an affidavit under this section does not affect or prevent any transfer of ownership of the property.
(j) The county recorder or registrar of titles must record all affidavits presented under
paragraph (h) or (i) in a manner that ensures their disclosure in the ordinary course of a title
search of the subject property.
(k) The commissioner of health shall post on the Internet contact information for each
local community health services administrator.
(l) Each local community health services administrator shall maintain information related
to property within the administrator's jurisdiction that is currently or was previously subject to
an order issued under paragraph (c). The information maintained must include the name of the
owner, the location of the property, the extent of the contamination, the status of the removal and
remediation work on the property, and whether the order has been vacated. The administrator
shall make this information available to the public either upon request or by other means.
(m) Before signing an agreement to sell or transfer real property, the seller or transferor
must disclose in writing to the buyer or transferee if, to the seller's or transferor's knowledge,
methamphetamine production has occurred on the property. If methamphetamine production
has occurred on the property, the disclosure shall include a statement to the buyer or transferee
informing the buyer or transferee:
(1) whether an order has been issued on the property as described in paragraph (c);
(2) whether any orders issued against the property under paragraph (c) have been vacated
under paragraph (j); or
(3) if there was no order issued against the property and the seller or transferor is aware that
methamphetamine production has occurred on the property, the status of removal and remediation
on the property.
(n) Unless the buyer or transferee and seller or transferor agree to the contrary in writing
before the closing of the sale, a seller or transferor who fails to disclose, to the best of their
knowledge, at the time of sale any of the facts required, and who knew or had reason to know of
methamphetamine production on the property, is liable to the buyer or transferee for:
(1) costs relating to remediation of the property according to the Department of Health's
clandestine drug labs general cleanup guidelines and best practices; and
(2) reasonable attorney fees for collection of costs from the seller or transferor.
An action under this paragraph must be commenced within six years after the date on
which the buyer or transferee closed the purchase or transfer of the real property where the
methamphetamine production occurred.
(o) This section preempts all local ordinances relating to the sale or transfer of real property
designated as a clandestine lab site.
History: 2005 c 136 art 7 s 9

PERMISSIVE INFERENCE OF POSSESSION

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, 152.0261, or 152.0262. 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.
History: 1989 c 290 art 3 s 15; 1990 c 602 art 7 s 8; 2005 c 136 art 7 s 21

SCHOOL, PARK, AND PUBLIC HOUSING ZONES

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.
History: 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]

DRUG PARAPHERNALIA

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.
History: 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.
History: 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.
History: 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.
History: 1982 c 557 s 5

CONSPIRACIES

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

SIMULATED CONTROLLED SUBSTANCES

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

PRECURSORS OF CONTROLLED SUBSTANCES

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.
History: 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.
History: 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.
History: 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.
History: 1990 c 565 s 25

SALES AND RECORDS

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 and 152.0262.
History: (3906-13) 1939 c 102 s 3; 1967 c 408 s 5; 1991 c 199 art 2 s 1; 2005 c 136 art 7 s 21

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

PRESCRIPTIONS

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 by a practitioner licensed
to prescribe controlled substances by the state in which the prescription is issued, 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, a doctor of optometry limited to Schedule IV, or a doctor of veterinary
medicine, lawfully licensed to prescribe in this state or from a practitioner licensed to prescribe
controlled substances by the state in which the prescription is issued, 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.
History: (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; 2003 c 62 s 8; 2004 c 242 s 1,2

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, a doctor of dental medicine, a licensed doctor of podiatry, or
a licensed doctor of optometry limited to schedules IV and V, 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, licensed doctors of optometry limited to schedules IV and V, 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; by a patient of a licensed doctor
of medicine, a doctor of osteopathy duly licensed to practice medicine, a licensed doctor of
dental surgery, a licensed doctor of dental medicine, or a licensed doctor of optometry limited
to schedules IV and V; 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.
History: (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; 2003 c 62 s 9,10

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.
History: 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.
History: (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;
(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; and
(6) is sold in a manner that does not conflict with section 152.02, subdivision 6.
(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.[Repealed, 1Sp2003 c 2 art 8 s 19]
    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.
History: 1998 c 367 art 4 s 6; 2005 c 136 art 7 s 10

ANHYDROUS AMMONIA

152.136 ANHYDROUS AMMONIA; PROHIBITED CONDUCT; CRIMINAL
PENALTIES; CIVIL LIABILITY.
    Subdivision 1. Definitions. As used in this section, "tamper" means action taken by a
person not authorized to take that action by law or by the owner or authorized custodian of
an anhydrous ammonia container or of equipment where anhydrous ammonia is used, stored,
distributed, or transported.
    Subd. 2. Prohibited conduct. (a) A person may not:
(1) steal or unlawfully take or carry away any amount of anhydrous ammonia;
(2) purchase, possess, transfer, or distribute any amount of anhydrous ammonia, knowing, or
having reason to know, that it will be used to unlawfully manufacture a controlled substance;
(3) place, have placed, or possess anhydrous ammonia in a container that is not designed,
constructed, maintained, and authorized to contain or transport anhydrous ammonia;
(4) transport anhydrous ammonia in a container that is not designed, constructed, maintained,
and authorized to transport anhydrous ammonia;
(5) use, deliver, receive, sell, or transport a container designed and constructed to contain
anhydrous ammonia without the express consent of the owner or authorized custodian of the
container; or
(6) tamper with any equipment or facility used to contain, store, or transport anhydrous
ammonia.
(b) For the purposes of this subdivision, containers designed and constructed for the storage
and transport of anhydrous ammonia are described in rules adopted under section 18C.121,
subdivision 1 , or in Code of Federal Regulations, title 49.
    Subd. 3. No cause of action. (a) Except as provided in paragraph (b), a person tampering
with anhydrous ammonia containers or equipment under subdivision 2 shall have no cause of
action for damages arising out of the tampering against:
(1) the owner or lawful custodian of the container or equipment;
(2) a person responsible for the installation or maintenance of the container or equipment; or
(3) a person lawfully selling or offering for sale the anhydrous ammonia.
(b) Paragraph (a) does not apply to a cause of action against a person who unlawfully
obtained the anhydrous ammonia or anhydrous ammonia container or who possesses the
anhydrous ammonia or anhydrous ammonia container for any unlawful purpose.
    Subd. 4. Criminal penalty. A person who knowingly violates subdivision 2 is guilty of a
felony and may be sentenced to imprisonment for not more than five years or to payment of a fine
of not more than $50,000, or both.
History: 2005 c 136 art 7 s 11

METHAMPHETAMINE-RELATED CRIMES;

CHILDREN AND VULNERABLE ADULTS

152.137 METHAMPHETAMINE-RELATED CRIMES INVOLVING CHILDREN AND
VULNERABLE ADULTS.
    Subdivision 1. Definitions. (a) As used in this section, the following terms have the
meanings given.
(b) "Chemical substance" means a substance intended to be used as a precursor in the
manufacture of methamphetamine or any other chemical intended to be used in the manufacture
of methamphetamine.
(c) "Child" means any person under the age of 18 years.
(d) "Methamphetamine paraphernalia" means all equipment, products, and materials of any
kind that are used, intended for use, or designed for use in manufacturing, injecting, ingesting,
inhaling, or otherwise introducing methamphetamine into the human body.
(e) "Methamphetamine waste products" means substances, chemicals, or items of any kind
used in the manufacture of methamphetamine or any part of the manufacturing process, or the
by-products or degradates of manufacturing methamphetamine.
(f) "Vulnerable adult" has the meaning given in section 609.232, subdivision 11.
    Subd. 2. Prohibited conduct. (a) No person may knowingly engage in any of the following
activities in the presence of a child or vulnerable adult; in the residence of a child or a vulnerable
adult; in a building, structure, conveyance, or outdoor location where a child or vulnerable
adult might reasonably be expected to be present; in a room offered to the public for overnight
accommodation; or in any multiple unit residential building:
(1) manufacturing or attempting to manufacture methamphetamine;
(2) storing any chemical substance;
(3) storing any methamphetamine waste products; or
(4) storing any methamphetamine paraphernalia.
(b) No person may knowingly cause or permit a child or vulnerable adult to inhale,
be exposed to, have contact with, or ingest methamphetamine, a chemical substance, or
methamphetamine paraphernalia.
    Subd. 3. Criminal penalty. A person who violates subdivision 2 is guilty of a felony and
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.
    Subd. 4. Multiple sentences. Notwithstanding sections 609.035 and 609.04, a prosecution
for or conviction under this section is not a bar to conviction of or punishment for any other crime
committed by the defendant as part of the same conduct.
    Subd. 5. Protective custody. A peace officer may take any child present in an area where any
of the activities described in subdivision 2, paragraph (a), clauses (1) to (4), are taking place into
protective custody in accordance with section 260C.175, subdivision 1, paragraph (b), clause (2).
A child taken into protective custody under this subdivision shall be provided health screening to
assess potential health concerns related to methamphetamine as provided in section 260C.188.
A child not taken into protective custody under this subdivision but who is known to have been
exposed to methamphetamine shall be offered health screening for potential health concerns
related to methamphetamine as provided in section 260C.188.
    Subd. 6. Reporting maltreatment of vulnerable adult. (a) A peace officer shall make a
report of suspected maltreatment of a vulnerable adult if the vulnerable adult is present in an area
where any of the activities described in subdivision 2, paragraph (a), clauses (1) to (4), are taking
place, and the peace officer has reason to believe the vulnerable adult inhaled, was exposed to,
had contact with, or ingested methamphetamine, a chemical substance, or methamphetamine
paraphernalia. The peace officer shall immediately report to the county common entry point as
described in section 626.557, subdivision 9b.
(b) As required in section 626.557, subdivision 9b, law enforcement is the primary agency
to conduct investigations of any incident when there is reason to believe a crime has been
committed. Law enforcement shall initiate a response immediately. If the common entry point
notified a county agency for adult protective services, law enforcement shall cooperate with that
county agency when both agencies are involved and shall exchange data to the extent authorized
in section 626.557, subdivision 12b, paragraph (g). County adult protection shall initiate a
response immediately.
(c) The county social services agency shall immediately respond as required in section
626.557, subdivision 10, upon receipt of a report from the common entry point staff.
History: 2005 c 136 art 7 s 12

152.14 [Repealed, 1969 c 933 s 22]

    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]

MISCELLANEOUS PROVISIONS

152.151 [Repealed, 1996 c 310 s 1]

152.152 STAYED SENTENCE LIMITED.
If a person is convicted under section 152.021, 152.022, 152.023, or 152.0262, 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.
History: 1989 c 290 art 3 s 20; 2005 c 136 art 7 s 21

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