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Chapter 152

Section 152.02

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152.02 MS 1967 [Repealed, 1969 c 933 s 22]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

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