1.1 	A bill for an act
1.2 	relating to public safety; aligning state controlled substance schedules with 
1.3 	federal controlled substance schedules; modifying the authority of the Board of 
1.4 	Pharmacy to regulate controlled substances; allowing the electronic prescribing 
1.5 	of controlled substances;amending Minnesota Statutes 2010, sections 152.01, by 
1.6 	adding a subdivision; 152.02; 152.11, subdivisions 1, 2, 2d, 3.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2010, section 152.01, is amended by adding a 
1.9 	subdivision to read:
1.10 		Subd. 23.Analogue. (a) Except as provided in paragraph (b), "analogue" means a 
1.11 	substance, the chemical structure of which is substantially similar to the chemical structure 
1.12 	of a controlled substance in Schedule I or II:
1.13 	(1) that has a stimulant, depressant, or hallucinogenic effect on the central nervous 
1.14 	system that is substantially similar to or greater than the stimulant, depressant, or 
1.15 	hallucinogenic effect on the central nervous system of a controlled substance in Schedule 
1.16 	I or II; or
1.17 	(2) with respect to a particular person, if the person represents or intends that the 
1.18 	substance have a stimulant, depressant, or hallucinogenic effect on the central nervous 
1.19 	system that is substantially similar to or greater than the stimulant, depressant, or 
1.20 	hallucinogenic effect on the central nervous system of a controlled substance in Schedule I 
1.21 	or II.
1.22 	(b) "Analogue" does not include:
1.23 	(1) a controlled substance;
1.24 	(2) any substance for which there is an approved new drug application under the 
1.25 	federal Food, Drug, and Cosmetic Act; or
2.1 	(3) with respect to a particular person, any substance, if an exemption is in effect for 
2.2 	investigational use, for that person, as provided by United States Code, title 21, section 
2.3 	355, and the person is registered as a controlled substance researcher as required under 
2.4 	section 152.12, subdivision 3, to the extent conduct with respect to the substance is 
2.5 	pursuant to the exemption and registration.

2.6 	Sec. 2. Minnesota Statutes 2010, section 152.02, is amended to read:
2.7 	152.02 SCHEDULES OF CONTROLLED SUBSTANCES; 
2.8 	ADMINISTRATION OF CHAPTER.
2.9 		Subdivision 1.Five schedules. There are established five schedules of controlled 
2.10 	substances, to be known as Schedules I, II, III, IV, and V. Such schedules shall initially 
2.11 	consist of the substances listed in this section by whatever official name, common or usual 
2.12 	name, chemical name, or trade name designated.
2.13 		Subd. 2.Schedule I. The following items are listed in Schedule I: (a) Schedule I 
2.14 	shall consist of the drugs and other substances, by whatever official name, common or 
2.15 	usual name, chemical name, or brand name designated, listed in this subdivision.
2.16 	(1) Any of the following substances, including (b) Opiates. Unless 
2.17 	specifically excepted or unless listed in another schedule any of the following 
2.18 	opiates and their analogues (including homologues), isomers (whether optical, 
2.19 	positional, or geometric), esters, ethers, salts, and salts of isomers, esters, and 
2.20 	ethers, unless specifically excepted, whenever the existence of such 
2.21 	analogues, isomers, esters, ethers and salts is possible within the specific chemical 
2.22 	designation: Acetylmethadol; Allylprodine; Alphacetylmethadol (except 
2.23 	levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, 
2.24 	levomethadyl acetate, or LAAM); Alphameprodine; Alphamethadol; 
2.25 	Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] 
2.26 	propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine; 
2.27 	Benzethidine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 
2.28 	Clonitazene; Dextromoramide; Dextrorphan; Diampromide; Diethyliambutene; 
2.29 	Difenoixin; Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl 
2.30 	butyrate; Dipipanone; Ethylmethylthiambutene; Etonitazene; Etoxeridine; 
2.31 	Furethidine; Hydroxypethidine; Ketobemidone; Levomoramide; 
2.32 	Levophenacylmorphan; Methyl substituted isomers of Fentanyl; 3-Methylfentanyl, 
2.33 	(N-[3-Methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide); 
2.34 	Acetyl-alpha-methylfentanyl, 
3.1 	(N-[1-(1-methyl-2-phenylethyl)-4-piperidinyl]-N-phenylacetamide); 
3.2 	Alpha-methylthiofentanyl,(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl-N-
3.3 	phenylpropanamide); Benzylfentanyl, (N-[1-benzyl-4-piperidyl]-N-phenylpropanamide); 
3.4 	Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenylethyl-4-piperidinyl]-N- 
3.5 	phenylpropanamide); Beta-hydroxy-3-methylfentanyl, 
3.6 	(N-[1-(2-hydroxy-2-phenylethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide); 
3.7 	3-methylthiofentanyl, 
3.8 	(N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); 
3.9 	Thenylfentanyl, (N-[1-(2-thienyl)Methyl-4-piperidyl]-N-phenylpropanamide); 
3.10 	Thiofentanyl, (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide); 
3.11 	para-fluorofentanyl,(N-[1-(2-phenylethyl)-4-piperidyl]-N-(4-fluorophenyl)-propanamide); 
3.12 	Morpheridine; MPPP; 1-Methyl-4-phenyl-4-Propionoxypiperidine; 
3.13 	Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; PEPAP, 
3.14 	(1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine); Phenadoxone; Phenampromide; 
3.15 	Phenomorphan; Phenoperidine; Piritramide; Proheptazine; Properidine; 
3.16 	 Propiram; Racemoramide; Tilidine; Trimeperidine.
3.17 	(2) (c) Any of the following opium derivatives, their analogues (including 
3.18 	homologues), salts, isomers and salts of isomers, unless specifically excepted or unless 
3.19 	listed in another schedule, whenever the existence of such analogues, salts, isomers 
3.20 	and salts of isomers is possible within the specific chemical designation: Acetorphine; 
3.21 	Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; Codeine methylbromide; 
3.22 	Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Drotebanol; 
3.23 	Etorphine (except hydrochloride salt); Heroin; Hydromorphinol; Methyldesorphine; 
3.24 	Methylhydromorphine Methyldihydromorphine; Morphine methylbromide; Morphine 
3.25 	methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine; 
3.26 	Normorphine; Pholcodine; Thebacon.
3.27 	(3) (d) Any material, compound, mixture or preparation which contains any 
3.28 	quantity of the following hallucinogenic substances, their analogues (including 
3.29 	homologues), salts, isomers (whether optical, positional, or geometric) and salts of 
3.30 	isomers, unless specifically excepted or unless listed in another schedule, whenever 
3.31 	the existence of such analogues, salts, isomers, and salts of isomers is possible 
3.32 	within the specific chemical designation: 3,4-methylenedioxy amphetamine; 
3.33 	3,4-methylenedioxymethamphetamine; 3,4-Methylenedioxy-N-ethylamphetamine; 
3.34 	N-hydroxy-3, 4-Methylenedioxy-amphetamine; 4-bromo-2,5-dimethoxyamphetamine; 
3.35 	2,5-dimethoxyamphetamine; 4-methoxyamphetamine; 5-methoxy-3, 
3.36 	4-methylenedioxy amphetamine; Alpha-Ethyltryptamine; Bufotenine; 
4.1 	Diethyltryptamine; Dimethyltryptamine; 3,4,5-trimethoxy amphetamine; 4-methyl-2, 
4.2 	5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; marijuana; 
4.3 	Mescaline; Parahexyl; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl benzilate; 
4.4 	Psilocybin; Psilocyn; Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine
4.5 	naturally contained in a plant of the genus Cannabis (cannabis plant); synthetic 
4.6 	equivalents of the substances contained in the cannabis plant or in the resinous 
4.7 	extractives of the cannabis plant; synthetic substances, derivatives, and their 
4.8 	isomers with similar chemical structure and pharmacological activity to those 
4.9 	substances contained in the cannabis plant; Thiophene analogue of phencyclidine 
4.10 	(1-2[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienyl analogue of phencyclidine, TPCP, 
4.11 	TCP; ethylamine analogue of phencyclidine; (n-ethyl-1-phenyl-cyclohexylamine); 
4.12 	(1-phenylcyclohexyl)ethylamine, N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, 
4.13 	PCE; pyrrolidine analogue of phencyclidine (1-(1-phenylcyclohexyl) 
4.14 	pyrrolidine); 2-thienyl Pyrrolidine analogue of phencyclidine 
4.15 	(1-[1-(2-thienyl)cyclohexyl]-pyrrolidine); 4-Bromo-2,5-dimethoxyphenethylamine, 
4.16 	also known as 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane, alpha-desmethyl 
4.17 	DOB, 2C-B, or Nexus; 2,5-dimethoxy-4-ethylamphetamine, also known as DOET; 
4.18 	2,5-dimethoxy-4-(n)-proprylthiophenethylamine, also known as 2C-T-7; Alpha- 
4.19 	methyltryptamine, also known as AMT; 5-methoxy-N,N-diisopropyltryptamine, 
4.20 	also known as 5-MeO-DIPT; 2,5-dimethoxy-4-ethylphenethylamine, 
4.21 	also known as 2C-E; 2,5-dimethoxy-4-iodophenethylamine, also known 
4.22 	as 2C-I; 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4); 
4.23 	4-chloro-2,5-dimethoxyphenethylamine (2C-C); 4-propyl-2,5-dimethoxyphenethylamine 
4.24 	(2C-P); 4-chloro-2,5-dimethoxyamphetamine (DOC); 4-iodo-2,5-dimethoxyamphetamine 
4.25 	(DOI); 5-methoxy-α-methyltryptamine (5-MeO-AMT); N,N-diisopropyltryptamine 
4.26 	(DiPT); 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT); 2,5-dimethoxyamphetamine 
4.27 	(2,5-DMA).
4.28 	(4) (e) Peyote, meaning all parts of the plant presently classified botanically as 
4.29 	Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract 
4.30 	from any part of such plant, and every compound, manufacture, salts, derivative, mixture, 
4.31 	or preparation of such plant, its seeds or extracts, providing the listing of peyote as a 
4.32 	controlled substance in Schedule I does not apply to the nondrug use of peyote in bona 
4.33 	fide religious ceremonies of the American Indian Church, and members of the American 
4.34 	Indian Church are exempt from registration. Any person who manufactures peyote for or 
4.35 	distributes peyote to the American Indian Church, however, is required to obtain federal 
4.36 	registration annually and to comply with all other requirements of law.
5.1 	(5) (f) Unless specifically excepted or unless listed in another schedule, any 
5.2 	material compound, mixture, or preparation which contains any quantity of the following 
5.3 	substances having a depressant effect on the central nervous system, including and its 
5.4 	analogues (including homologues), salts, isomers, and salts of isomers whenever the 
5.5 	existence of such analogues, salts, isomers, and salts of isomers is possible within the 
5.6 	specific chemical designation:
5.7 	Mecloqualone; Methaqualone; Gamma-hydroxybutyric acid, including its esters and 
5.8 	ethers (some other names include GHB, gamma-hydroxybutyrate, 4-hydroxybutanoic 
5.9 	acid, sodium oxybate, sodium oxybutyrate);
5.10 	Flunitrazepam.
5.11 	(6) (g) Unless specifically excepted or unless listed in another schedule, any 
5.12 	material compound, mixture, or preparation which contains any quantity of the following 
5.13 	substances having a stimulant effect on the central nervous system, including and its 
5.14 	analogues (including homologues), salts, isomers, and salts of isomers whenever the 
5.15 	existence of such analogues, salts, isomers, and salts of isomers is possible within the 
5.16 	specific chemical designation:
5.17 	Aminorex, also known as Aminoxaphen, 2-Amino-5-phenyl-2-oxazoline, 
5.18 	or 4,5-Dihydro-5-phenyl-2-oxazolamine; Cathinone also known as 
5.19 	2-Amino-1-phenyl-1-propanone, alpha-Aminopropiophenone, 2-Aminopropiophenone 
5.20 	or Norephedrone; Fenethylline; 
5.21 	Methcathinone, also known as 2-(Methylamino)-Propiophenone, 
5.22 	alpha-(Methylamino)-propiophenone, 2-(Methylamino)-1-Phenylpropan-1-one, 
5.23 	alpha-N-Methylaminopropiophenone, monomethylpropion, ephedrone, 
5.24 	N-Methylcathinone or Methylcathinone; (±) cis-4-Methylaminorex, also known 
5.25 	as (±) cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine; N-ethylamphetamine; 
5.26 	N,N-dimethylamphetamine, also known as N,N-alpha-trimethyl-benzene-ethanamine 
5.27 	or N,N-alpha-trimethylphenethylamine; N-benzylpioperazine, also known as BZP, 
5.28 	1-benzylpiperazine; methylenedioxypyrovalerone (MDPV); 4-methylmethcathinone; 
5.29 	3,4-Methylenedioxypyrovalerone.
5.30 	(h) A controlled substance analogue, to the extent that it is implicitly or explicitly 
5.31 	intended for human consumption, shall be treated, for the purposes of this chapter, as a 
5.32 	controlled substance in Schedule I.
5.33 		Subd. 3.Schedule II. The following items are listed in Schedule II:
5.34 	(1) (a) Unless specifically excepted or unless listed in another schedule, any of 
5.35 	the following substances whether produced directly or indirectly by extraction from 
6.1 	substances of vegetable origin or independently by means of chemical synthesis, or by a 
6.2 	combination of extraction and chemical synthesis:
6.3 	(a) (1) Opium and opiate, and any salt, compound, derivative, or preparation 
6.4 	of opium or opiate, including the following: raw opium, opium extracts, opium 
6.5 	fluid extracts, powdered opium, granulated opium, tincture of opium, apomorphine, 
6.6 	codeine, ethylmorphine, hydrocodone, hydromorphone, metopon, morphine, oxycodone, 
6.7 	oxymorphone, thebaine excluding apomorphine, thebaine-derived butorphanol, 
6.8 	dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone, and their respective 
6.9 	salts, but including the following: Raw opium; Opium extracts; Opium fluid; Powdered 
6.10 	opium, Granulated opium, Tincture of opium, Codeine, Dihydroetorphine, Ethylmorphine, 
6.11 	Etorphine hydrochloride, Hydrocodone, Hydromorphone, Metopon, Morphine, 
6.12 	Oxycodone, Oxymorphone, Thebaine, Oripavine.
6.13 	(b) (2) Any salt, compound, derivative, or preparation thereof which is chemically 
6.14 	equivalent or identical with any of the substances referred to in clause (a), except that 
6.15 	these substances shall not include the isoquinoline alkaloids of opium.
6.16 	(c) (3) Opium poppy and poppy straw.
6.17 	(d) (4) Coca leaves and any salt, cocaine compound, derivative, or preparation 
6.18 	of coca leaves, including cocaine and ecgonine, the salts and isomers of cocaine and 
6.19 	ecgonine (including cocaine and ecgonine and their salts, isomers, derivatives, and salts of 
6.20 	isomers and derivatives), and any salt, compound, derivative, or preparation thereof that is 
6.21 	chemically equivalent or identical with any of these substances, except that the substances 
6.22 	shall not include decocainized coca leaves or extraction of coca leaves, which extractions 
6.23 	do not contain cocaine or ecgonine, and the salts of their isomers.
6.24 	(e) Any salt, compound, derivative, or preparation thereof which is chemically 
6.25 	equivalent or identical with any of the substances referred to in clause (d), except that the 
6.26 	substances shall not include decocainized coca leaves or extraction of coca leaves, which 
6.27 	extractions do not contain cocaine or ecgonine. (5) Concentrate of poppy straw (the 
6.28 	crude extract of poppy straw in either liquid, solid, or powder form which contains the 
6.29 	phenanthrene alkaloids of the opium poppy).
6.30 	(2) (b) Any of the following opiates, including their isomers, esters, ethers, 
6.31 	salts, and salts of isomers, esters and ethers, unless specifically excepted, or unless 
6.32 	listed in another schedule, whenever the existence of such isomers, esters, ethers and 
6.33 	salts is possible within the specific chemical designation: Alfentanil; Alphaprodine; 
6.34 	Anileridine; Bezitramide; Bulk Dextropropoxyphene (nondosage forms); Carfentanil; 
6.35 	Dihydrocodeine; Dihydromorphinone; Diphenoxylate; Fentanyl; Isomethadone; 
6.36 	Levo-alpha-acetylmethadol (LAAM); Levomethorphan; Levorphanol; Metazocine; 
7.1 	Methadone; Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane; 
7.2 	Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid; 
7.3 	Pethidine; Pethidine - Intermediate - A, 4-cyano-1-methyl-4-phenylpiperidine; Pethidine 
7.4 	- Intermediate - B, ethyl-4-phenylpiperidine-4-carboxylate; Pethidine - Intermediate 
7.5 	- C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; Phenazocine; Piminodine; 
7.6 	Racemethorphan; Racemorphan; Remifentanil; Sufentanil; Tapentadol.
7.7 	(3) (c) Unless specifically excepted or unless listed in another schedule, any 
7.8 	material, compound, mixture, or preparation which contains any quantity of the following 
7.9 	substances having a stimulant effect on the central nervous system:
7.10 	(a) (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
7.11 	(b) (2) Methamphetamine, its salts, isomers, and salts of its isomers;
7.12 	(c) (3) Phenmetrazine and its salts;
7.13 	(d) (4) Methylphenidate.;
7.14 	(5) Lisdexamfetamine.
7.15 	(4) (d) Unless specifically excepted or unless listed in another schedule, any 
7.16 	material, compound, mixture, or preparation which contains any quantity of the following 
7.17 	substances having a depressant effect on the central nervous system, including its salts, 
7.18 	isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of 
7.19 	isomers is possible within the specific chemical designation:
7.20 	(a) Methaqualone
7.21 	(b) (1) Amobarbital
7.22 	(2) Glutethimide
7.23 	(c) (3) Secobarbital
7.24 	(d) (4) Pentobarbital
7.25 	(e) (5) Phencyclidine
7.26 	(f) (6) Phencyclidine immediate precursors:
7.27 	(i) 1-phenylcyclohexylamine
7.28 	(ii) 1-piperidinocyclohexanecarbonitrile.
7.29 	(7) Immediate precursors to amphetamine and methamphetamine: phenylacetone.
7.30 	(e) Hallucinogenic substances. Nabilone [another name for Nabilone: 
7.31 	(±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-
7.32 	dibenzo [b,d] pyran-9-one].
7.33 		Subd. 4.Schedule III. (a) The following items are listed in Schedule III:
7.34 	(1) Any material, compound, mixture, or preparation which contains any quantity 
7.35 	of Amphetamine, its salts, optical isomers, and salts of its optical isomers; Stimulants. 
7.36 	Unless specifically excepted or unless listed in another schedule, any material, compound, 
8.1 	mixture, or preparation which contains any quantity of the following substances having 
8.2 	a potential for abuse associated with a stimulant effect on the central nervous system, 
8.3 	including its salts, isomers (whether optical, positional, or geometric), and salts of such 
8.4 	isomers whenever the existence of such salts, isomers, and salts of isomers is possible 
8.5 	within the specific chemical designation:
8.6 	(i)  Phenmetrazine and its salts; Methamphetamine, its salts, isomers, and salts of 
8.7 	isomers; Methylphenidate; and which is required by federal law to be labeled with the 
8.8 	symbol prescribed by 21 Code of Federal Regulations Section 1302.03 and in effect on 
8.9 	February 1, 1976 designating that the drug is listed as a Schedule III controlled substance 
8.10 	under federal law.
8.11 	(ii) Benzphetamine;
8.12 	(iii) Chlorphentermine;
8.13 	(iv) Clortermine;
8.14 	(v) Phendimetrazine.
8.15 	(2) Depressants. Unless specifically excepted or unless listed in another schedule, 
8.16 	any material, compound, mixture, or preparation which contains any quantity of the 
8.17 	following substances having a potential for abuse associated with a depressant effect on 
8.18 	the central nervous system:
8.19 	(a) (i) Any compound, mixture, or preparation containing amobarbital, secobarbital, 
8.20 	pentobarbital or any salt thereof and one or more other active medicinal ingredients which 
8.21 	are not listed in any schedule.;
8.22 	(b)(ii) Any suppository dosage form containing amobarbital, secobarbital, 
8.23 	pentobarbital, or any salt of any of these drugs and approved by the food and drug 
8.24 	administration for marketing only as a suppository.;
8.25 	(c) (iii) Any substance which contains any quantity of a derivative of barbituric acid, 
8.26 	or any salt of a derivative of barbituric acid, except those substances which are specifically 
8.27 	listed in other schedules:;
8.28 	(iv) Chlorhexadol; Glutethimide;
8.29 	(v) Any drug product containing gamma hydroxybutyric acid, including its salts, 
8.30 	isomers, and salts of isomers, for which an application is approved under section 505 of 
8.31 	the federal Food, Drug, and Cosmetic Act;
8.32 	(vi) Ketamine, its salts, isomers and salts of isomers;
8.33 	(vii) Lysergic acid;
8.34 	(viii) Lysergic acid amide;
8.35 	(ix) Methyprylon;
8.36 	(x) Sulfondiethylmethane;
9.1 	(xi) Sulfonethylmethane;
9.2 	(xii) Sulfonmethane.;
9.3 	(xiii) Tiletamine and zolazepam and any salt thereof;
9.4 	(xiv) Embutramide.
9.5 	(d) Gamma hydroxybutyrate, any salt, compound, derivative, or preparation of 
9.6 	gamma hydroxybutyrate, including any isomers, esters, and ethers and salts of isomers, 
9.7 	esters, and ethers of gamma hydroxybutyrate whenever the existence of such isomers, 
9.8 	esters, and salts is possible within the specific chemical designation.
9.9 	(3) Any material, compound, mixture, or preparation which contains any quantity of 
9.10 	the following substances having a potential for abuse associated with a stimulant effect on 
9.11 	the central nervous system:
9.12 	(a) Benzphetamine
9.13 	(b) Chlorphentermine
9.14 	(c) Clortermine
9.15 	(d) Mazindol
9.16 	(e) Phendimetrazine.
9.17 	(4) (3) Nalorphine.
9.18 	(5) Any material, compound, mixture, or preparation containing limited quantities 
9.19 	of any of the following narcotic drugs, or any salts thereof (4) Narcotic Drugs. Unless 
9.20 	specifically excepted or unless listed in another schedule, any material, compound, 
9.21 	mixture, or preparation containing any of the following narcotic drugs, or their salts 
9.22 	calculated as the free anhydrous base or alkaloid, in limited quantities as follows:
9.23 	(a) (i) Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 
9.24 	milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid 
9.25 	of opium.;
9.26 	(b) (ii) Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 
9.27 	milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized 
9.28 	therapeutic amounts.;
9.29 	(c) (iii) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or 
9.30 	not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an 
9.31 	isoquinoline alkaloid of opium.;
9.32 	(d) (iv) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not 
9.33 	more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients 
9.34 	in recognized therapeutic amounts.;
10.1 	(e) (v) Not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more 
10.2 	than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in 
10.3 	recognized therapeutic amounts.;
10.4 	(f) (vi) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not 
10.5 	more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients 
10.6 	in recognized therapeutic amounts.;
10.7 	(g) (vii) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, 
10.8 	or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic 
10.9 	ingredients in recognized therapeutic amounts.;
10.10 	(h) (viii) Not more than 50 milligrams of morphine per 100 milliliters or per 100 
10.11 	grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
10.12 	(6) (5) Anabolic steroids.
10.13 	, which, "Anabolic steroids," for purposes of this subdivision, means any drug 
10.14 	or hormonal substance, chemically and pharmacologically related to testosterone, 
10.15 	other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone, and 
10.16 	includes: androstanediol; androstanedione; androstenediol; androstenedione; bolasterone; 
10.17 	boldenone; calusterone; chlorotestosterone; chorionic gonadotropin; clostebol; 
10.18 	dehydrochloromethyltestosterone; (triangle)1-dihydrotestosterone; 4-dihydrotestosterone; 
10.19 	drostanolone; ethylestrenol; fluoxymesterone; formebolone; furazabol; human 
10.20 	growth hormones; 13b-ethyl-17a-hydroxygon-4-en-3-one; 4-hydroxytestosterone; 
10.21 	4-hydroxy-19-nortestosterone; mestanolone; mesterolone; methandienone; 
10.22 	methandranone; methandriol; methandrostenolone; methenolone; 17a-methyl-3b, 
10.23 	17b-dihydroxy-5a-androstane; 17a-methyl-3a, 17b-dihydroxy-5a-androstane; 
10.24 	17a-methyl-3b, 17b-dihydroxyandrost-4-ene; 17a-methyl-4-hydroxynandrolone; 
10.25 	methyldienolone; methyltrienolone; methyltestosterone; mibolerone; 
10.26 	17a-methyl-(triangle)1-dihydrotestosterone; nandrolone; nandrolone phenpropionate; 
10.27 	norandrostenediol; norandrostenedione; norbolethone; norclostebol; norethandrolone; 
10.28 	normethandrolone; oxandrolone; oxymesterone; oxymetholone; stanolone; stanozolol; 
10.29 	stenbolone; testolactone; testosterone; testosterone propionate; tetrahydrogestrinone; 
10.30 	trenbolone; and any salt, ester, or ether of a drug or substance described in this paragraph.
10.31 	(i) 3[beta], 17-dihydroxy-5a-androstane;
10.32 	(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane;
10.33 	(iii) 5[alpha]-androstan-3,17-dione;
10.34 	(iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
10.35 	(v) 1-androstenediol (3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
10.36 	(vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);
11.1 	(vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);
11.2 	(viii) 1-androstenedione ([5[alpha]]-androst-1-en-3,17-dione);
11.3 	(ix) 4-androstenedione (androst-4-en-3,17-dione);
11.4 	(x) 5-androstenedione (androst-5-en-3,17-dione);
11.5 	(xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
11.6 	(xii) boldenone (17[beta]-hydroxyandrost-1,4,-diene-3-one);
11.7 	(xiii) boldione (androsta-1,4-diene-3,17-dione);
11.8 	(xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
11.9 	(xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one);
11.10 	(xvi) dehydrochloromethyltestosterone 
11.11 	(4-chloro-17[beta]-hydroxy-17[alpha]-methyl-androst-1,4-dien-3-one);
11.12 	(xvii) desoxymethyltestosterone 
11.13 	(17[alpha]-methyl-5-[alpha]-androst-2-en-17[beta]-ol) (a.k.a., madol)
11.14 	(xviii) [Delta]1-dihydrotestosterone (a.k.a. '1-testosterone') 
11.15 	(17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
11.16 	(xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one);
11.17 	(xx) drostanolone (17[beta]-hydroxy-2-[alpha]-methyl-5[alpha]-androstan-3-one);
11.18 	(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);
11.19 	(xxii) fluoxymesterone 
11.20 	(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one);
11.21 	(xxiii) formebolone 
11.22 	(2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);
11.23 	(xxiv) furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan);
11.24 	(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one;
11.25 	(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-androst-4-en-3-one);
11.26 	(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxy-estr-4-en-3-one);
11.27 	(xxviii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5-androstan-3-one);
11.28 	(xxix) mesterolone (1[alpha]methyl-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);
11.29 	(xxx) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one);
11.30 	(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene);
11.31 	(xxxii) methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
11.32 	(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-dihydroxy-5a-androstane;
11.33 	(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5a-androstane;
11.34 	(xxxv) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene;
11.35 	(xxxvi) 17[alpha]-methyl-4-hydroxyandrolone 
11.36 	(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);
12.1 	(xxxvii) methyldienolone 
12.2 	(17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one);
12.3 	(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9- 
12.4 	11-trien-3-one);
12.5 	(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one);
12.6 	(xl) mibolerone (17[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one);
12.7 	(xli) 17[alpha]-methyl-[Delta]1-dihydrotestosterone 
12.8 	(17b[beta]-hydroxy-17[alpha]-methyl-5(alpha]-androst-1-en-3-one) (a.k.a. 
12.9 	'17-[alpha]-methyl-1-testosterone');
12.10 	(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one);
12.11 	(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-dihydroxyestr-4-ene);
12.12 	(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-dihydroxyestr-4-ene);
12.13 	(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-dihydroxyestr-5-ene);
12.14 	(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-dihydroxyestr-5-ene);
12.15 	(xlvii) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
12.16 	(xlviii) 19-nor-4-androstenedione (estr-4-en-3,17-dione);
12.17 	(xlix) 19-nor-5-androstenedione (estr-5-en-3,17-dione);
12.18 	(l) norbolethone (13[beta], 17 [alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);
12.19 	(li) noclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one);
12.20 	(lii) norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one);
12.21 	(liii) normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one);
12.22 	(liv) oxandrolone 
12.23 	(17[alpha]-methyl-17[beta]-hydroxy-2-oxa-[5[alpha]]-androstan-3-one);
12.24 	(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one);
12.25 	(lvi) oxymetholone 
12.26 	(17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);
12.27 	(lvii) stanozolol 
12.28 	(17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androst-2-eno[3,2-c]-pyrazole);
12.29 	(lviii) stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one);
12.30 	(lix) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid 
12.31 	lactone);
12.32 	(lx) testosterone (17[beta]-hydroxyandrost-4-en-3-one);
12.33 	(lxi) tetrahydrogestrinone (13[beta], 
12.34 	17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one);
12.35 	(lxii) trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one);
12.36 	(lxiii) any salt, ester, or ether of a drug or substance described in this paragraph.
13.1 	 Anabolic steroids are not included if they are: (i) expressly intended for 
13.2 	administration through implants to cattle or other nonhuman species; and (ii) approved by 
13.3 	the United States Food and Drug Administration for that use. If any person prescribes, 
13.4 	dispenses, or distributes such steroid for human use, the person shall be considered 
13.5 	to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of 
13.6 	this paragraph.
13.7 	(6) Human growth hormones.
13.8 	(7) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and 
13.9 	encapsulated in a soft gelatin capsule in a United States Food and Drug Administration 
13.10 	approved product.
13.11 	(8) Any material, compound, mixture, or preparation containing any of the following 
13.12 	narcotic drugs or their salts: Buprenhorphine.
13.13 		Subd. 5.Schedule IV. The following items are listed in Schedule IV: Barbital; 
13.14 	Butorphanol; Chloral betaine; Chloral hydrate; Chlordiazepoxide; Clonazepam; 
13.15 	Clorazepate; Diazepam; Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine; 
13.16 	Flurazepam; Mebutamate; Methohexital; Meprobamate except when in combination 
13.17 	with the following drugs in the following or lower concentrations: conjugated 
13.18 	estrogens, 0.4 mg; tridihexethyl chloride, 25mg; pentaerythritol tetranitrate, 20 mg; 
13.19 	Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline; Petrichloral; Phenobarbital; 
13.20 	and Phentermine. (a) Narcotic drugs. Unless specifically excepted or unless listed in 
13.21 	another schedule, any material, compound, mixture, or preparation containing any of the 
13.22 	following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, 
13.23 	in limited quantities as follows:
13.24 	(1) Not more than one milligram of difenoxin and not less than 25 micrograms of 
13.25 	atropine sulfate per dosage unit;
13.26 	(2) Dextropropoxyphene 
13.27 	(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).
13.28 	(b) Depressants. Unless specifically excepted or unless listed in another schedule, 
13.29 	any material, compound, mixture, or preparation which contains any quantity of the 
13.30 	following substances, including its salts, isomers, and salts of isomers whenever the 
13.31 	existence of such salts, isomers, and salts of isomers is possible within the specific 
13.32 	chemical designation:
13.33 	(1) Alprazolam;
13.34 	(2) Barbital;
13.35 	(3) Bromazepam;
13.36 	(4) Camazepam;
14.1 	(5) Chloral betaine;
14.2 	(6) Chloral hydrate;
14.3 	(7) Chlordiazepoxide;
14.4 	(8) Clobazam;
14.5 	(9) Clonazepam;
14.6 	(10) Clorazepate;
14.7 	(11) Clotiazepam;
14.8 	(12) Cloxazolam;
14.9 	(13) Delorazepam;
14.10 	(14) Diazepam;
14.11 	(15) Dichloralphenazone;
14.12 	(16) Estazolam;
14.13 	(17) Ethchlorvynol;
14.14 	(18) Ethinamate;
14.15 	(19) Ethyl Loflazepate;
14.16 	(20) Fludiazepam;
14.17 	(21) Flurazepam;
14.18 	(22) Halazepam;
14.19 	(23) Haloxazolam;
14.20 	(24) Ketazolam;
14.21 	(25) Loprazolam;
14.22 	(26) Lorazepam;
14.23 	(27) Lormetazepam;
14.24 	(28) Mebutamate;
14.25 	(29) Medazepam;
14.26 	(30) Meprobamate;
14.27 	(31) Methohexital;
14.28 	(32) Methylphenobarbital;
14.29 	(33) Midazolam;
14.30 	(34) Nimetazepam;
14.31 	(35) Nitrazepam;
14.32 	(36) Nordiazepam;
14.33 	(37) Oxazepam;
14.34 	(38) Oxazolam;
14.35 	(39) Paraldehyde;
14.36 	(40) Petrichloral;
15.1 	(41) Phenobarbital;
15.2 	(42) Pinazepam;
15.3 	(43) Prazepam;
15.4 	(44) Quazepam;
15.5 	(45) Temazepam;
15.6 	(46) Tetrazepam;
15.7 	(47) Triazolam;
15.8 	(48) Zaleplon;
15.9 	(49) Zolpidem;
15.10 	(50) Zopiclone.
15.11 	(c) Fenfluramine. Any material, compound, mixture, or preparation which contains 
15.12 	any quantity of fenfluramine, including its salts, isomers, (whether optical, positional, or 
15.13 	geometric), and salts of such isomers, whenever the existence of such salts, isomers, 
15.14 	and salts of isomers is possible.
15.15 	(d) Stimulants. Unless specifically excepted or unless listed in another schedule, 
15.16 	any material, compound, mixture, or preparation which contains any quantity of the 
15.17 	following substances having a stimulant effect on the central nervous system, including its 
15.18 	salts, isomers, and salts of isomers:
15.19 	(1) Cathine ((+)-Norpseudoephedrine);
15.20 	(2) Diethylpropion;
15.21 	(3) Fencamfamine;
15.22 	(4) Fenproporex;
15.23 	(5) Mazindol;
15.24 	(6) Mefenorex;
15.25 	(7) Modafinil;
15.26 	(8) Pemoline ( including organometallic complexes and chelates thereof);
15.27 	(9) Phentermine;
15.28 	(10) Pipradrol;
15.29 	(11) Sibutramine;
15.30 	(12) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
15.31 		Subd. 6.Schedule V; restrictions on methamphetamine precursor drugs. (a) As 
15.32 	used in this subdivision, the following terms have the meanings given:
15.33 	(1) "methamphetamine precursor drug" means any compound, mixture, or 
15.34 	preparation intended for human consumption containing ephedrine or pseudoephedrine as 
15.35 	its sole active ingredient or as one of its active ingredients; and
16.1 	(2) "over-the-counter sale" means a retail sale of a drug or product but does not 
16.2 	include the sale of a drug or product pursuant to the terms of a valid prescription.
16.3 	(b) The following items are listed in Schedule V:
16.4 	(1) any compound, mixture, or preparation containing any of the following limited 
16.5 	quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal 
16.6 	ingredients in sufficient proportion to confer upon the compound, mixture or preparation 
16.7 	valuable medicinal qualities other than those possessed by the narcotic drug alone:
16.8 	(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 
16.9 	grams;
16.10 	(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 
16.11 	grams;
16.12 	(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms 
16.13 	of atropine sulfate per dosage unit; or
16.14 	(iv) not more than 15 milligrams of anhydrous morphine per 100 milliliters or per 
16.15 	100 grams 100 milligrams of opium per 100 milliliters or per 100 grams; and
16.16 	(v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of 
16.17 	atropine sulfate per dosage unit.
16.18 	(2) Stimulants. Unless specifically exempted or excluded or unless listed in another 
16.19 	schedule, any material, compound, mixture, or preparation that contains any quantity of 
16.20 	the following substance having a stimulant effect on the central nervous system, including 
16.21 	its salts, isomers, and salts of isomers: Pyrovalerone.
16.22 	(3) Depressants. Unless specifically exempted or excluded or unless listed in another 
16.23 	schedule, any material, compound, mixture, or preparation that contains any quantity 
16.24 	of the following substance having a depressant effect on the central nervous systems, 
16.25 	including its salts, isomers, and salts of isomers:
16.26 	(i) Pregabalin;
16.27 	(ii) Lacosamide ((R)-2-acetoamido-N-benzyl-3-methoxy-propionamide).
16.28 	(4) any compound, mixture, or preparation containing ephedrine or pseudoephedrine 
16.29 	as its sole active ingredient or as one of its active ingredients.
16.30 	(c) No person may sell in a single over-the-counter sale more than two packages 
16.31 	of a methamphetamine precursor drug or a combination of methamphetamine precursor 
16.32 	drugs or any combination of packages exceeding a total weight of six grams, calculated as 
16.33 	the base.
16.34 	(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
17.1 	(1) packages containing not more than a total of three grams of one or 
17.2 	more methamphetamine precursor drugs, calculated in terms of ephedrine base or 
17.3 	pseudoephedrine base; or
17.4 	(2) for nonliquid products, sales in blister packs, where each blister contains not 
17.5 	more than two dosage units, or, if the use of blister packs is not technically feasible, sales 
17.6 	in unit dose packets or pouches.
17.7 	(e) A business establishment that offers for sale methamphetamine precursor drugs 
17.8 	in an over-the-counter sale shall ensure that all packages of the drugs are displayed 
17.9 	behind a checkout counter where the public is not permitted and are offered for sale only 
17.10 	by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The 
17.11 	establishment shall ensure that the person making the sale requires the buyer:
17.12 	(1) to provide photographic identification showing the buyer's date of birth; and
17.13 	(2) to sign a written or electronic document detailing the date of the sale, the name 
17.14 	of the buyer, and the amount of the drug sold.
17.15 	A document described under clause (2) must be retained by the establishment for 
17.16 	at least three years and must at all reasonable times be open to the inspection of any 
17.17 	law enforcement agency.
17.18 	Nothing in this paragraph requires the buyer to obtain a prescription for the drug's 
17.19 	purchase.
17.20 	(f) No person may acquire through over-the-counter sales more than six grams of 
17.21 	methamphetamine precursor drugs, calculated as the base, within a 30-day period.
17.22 	(g) No person may sell in an over-the-counter sale a methamphetamine precursor 
17.23 	drug to a person under the age of 18 years. It is an affirmative defense to a charge under 
17.24 	this paragraph if the defendant proves by a preponderance of the evidence that the 
17.25 	defendant reasonably and in good faith relied on proof of age as described in section 
17.26 	340A.503, subdivision 6.
17.27 	(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of 
17.28 	a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to 
17.29 	payment of a fine of not more than $1,000, or both.
17.30 	(i) An owner, operator, supervisor, or manager of a business establishment that 
17.31 	offers for sale methamphetamine precursor drugs whose employee or agent is convicted of 
17.32 	or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal 
17.33 	penalties for violating any of those paragraphs if the person:
17.34 	(1) did not have prior knowledge of, participate in, or direct the employee or agent to 
17.35 	commit the violation; and
18.1 	(2) documents that an employee training program was in place to provide the 
18.2 	employee or agent with information on the state and federal laws and regulations regarding 
18.3 	methamphetamine precursor drugs.
18.4 	(j) Any person employed by a business establishment that offers for sale 
18.5 	methamphetamine precursor drugs who sells such a drug to any person in a suspicious 
18.6 	transaction shall report the transaction to the owner, supervisor, or manager of the 
18.7 	establishment. The owner, supervisor, or manager may report the transaction to local law 
18.8 	enforcement. A person who reports information under this subdivision in good faith is 
18.9 	immune from civil liability relating to the report.
18.10 	(k) Paragraphs (b) to (j) do not apply to:
18.11 	(1) pediatric products labeled pursuant to federal regulation primarily intended for 
18.12 	administration to children under 12 years of age according to label instructions;
18.13 	(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as 
18.14 	being manufactured in a manner that prevents the drug from being used to manufacture 
18.15 	methamphetamine;
18.16 	(3) methamphetamine precursor drugs in gel capsule or liquid form; or
18.17 	(4) compounds, mixtures, or preparations in powder form where pseudoephedrine 
18.18 	constitutes less than one percent of its total weight and is not its sole active ingredient.
18.19 	(l) The Board of Pharmacy, in consultation with the Department of Public Safety, 
18.20 	shall certify methamphetamine precursor drugs that meet the requirements of paragraph 
18.21 	(k), clause (2), and publish an annual listing of these drugs.
18.22 	(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy 
18.23 	pursuant to sections 151.42 to 151.51 and registered with and regulated by the United 
18.24 	States Drug Enforcement Administration are exempt from the methamphetamine precursor 
18.25 	drug storage requirements of this section.
18.26 	(n) This section preempts all local ordinances or regulations governing the sale 
18.27 	by a business establishment of over-the-counter products containing ephedrine or 
18.28 	pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.
18.29 		Subd. 7.Board of Pharmacy; regulation of substances. The Board of Pharmacy 
18.30 	is authorized to regulate and define additional substances which contain quantities of a 
18.31 	substance possessing abuse potential in accordance with the following criteria:
18.32 	(1) The Board of Pharmacy shall place a substance in Schedule I if it finds that the 
18.33 	substance has: A high potential for abuse, no currently accepted medical use in the United 
18.34 	States, and a lack of accepted safety for use under medical supervision.
18.35 	(2) The Board of Pharmacy shall place a substance in Schedule II if it finds that the 
18.36 	substance has: A high potential for abuse, currently accepted medical use in the United 
19.1 	States, or currently accepted medical use with severe restrictions, and that abuse may lead 
19.2 	to severe psychological or physical dependence.
19.3 	(3) The Board of Pharmacy shall place a substance in Schedule III if it finds that the 
19.4 	substance has: A potential for abuse less than the substances listed in Schedules I and II, 
19.5 	currently accepted medical use in treatment in the United States, and that abuse may lead 
19.6 	to moderate or low physical dependence or high psychological dependence.
19.7 	(4) The Board of Pharmacy shall place a substance in Schedule IV if it finds that 
19.8 	the substance has: A low potential for abuse relative to the substances in Schedule III, 
19.9 	currently accepted medical use in treatment in the United States, and that abuse may lead 
19.10 	to limited physical dependence or psychological dependence relative to the substances in 
19.11 	Schedule III.
19.12 	(5) The Board of Pharmacy shall place a substance in Schedule V if it finds that the 
19.13 	substance has: A low potential for abuse relative to the substances listed in Schedule IV, 
19.14 	currently accepted medical use in treatment in the United States, and limited physical 
19.15 	dependence and/or psychological dependence liability relative to the substances listed 
19.16 	in Schedule IV.
19.17 		Subd. 8.Add, delete, or reschedule substances. The state Board of Pharmacy 
19.18 	may, by rule, add substances to or delete or reschedule substances listed in this section. 
19.19 	The state Board of Pharmacy, after consulting with the Advisory Council on Controlled 
19.20 	Substances, shall annually, on or before May 1 of each year, conduct a review of the 
19.21 	placement of controlled substances in the various schedules. The Board of Pharmacy may 
19.22 	not delete or reschedule a drug that is in Schedule I, except as provided in subdivision 12.
19.23 	In making a determination regarding a substance, the Board of Pharmacy shall 
19.24 	consider the following: The actual or relative potential for abuse, the scientific evidence 
19.25 	of its pharmacological effect, if known, the state of current scientific knowledge 
19.26 	regarding the substance, the history and current pattern of abuse, the scope, duration, 
19.27 	and significance of abuse, the risk to public health, the potential of the substance to 
19.28 	produce psychic or physiological dependence liability, and whether the substance is an 
19.29 	immediate precursor of a substance already controlled under this section. The state Board 
19.30 	of Pharmacy may include any nonnarcotic drug authorized by federal law for medicinal 
19.31 	use in a schedule only if such drug must, under either federal or state law or rule, be 
19.32 	sold only on prescription.
19.33 		Subd. 8a.Methamphetamine precursors Board of Pharmacy, expedited 
19.34 	scheduling of additional substances. The State Board of Pharmacy may, by order, require 
19.35 	that nonprescription ephedrine or pseudophedrine products sold in gel capsule or liquid 
19.36 	form be subject to the sale restrictions established in subdivision 6 for methamphetamine 
20.1 	precursor drugs, if the board concludes that ephedrine or pseudophedrine products in 
20.2 	gel capsule or liquid form can be used to manufacture methamphetamine. In assessing 
20.3 	the need for an order under this subdivision, the board shall consult at least annually 
20.4 	with the advisory council on controlled substances, the commissioner of public safety, 
20.5 	and the commissioner of health. The Board of Pharmacy may, by rule, add a substance 
20.6 	to Schedule I when the board finds that the substance has a high potential for abuse, no 
20.7 	currently accepted medical use in the United States, a lack of accepted safety for use under 
20.8 	medical supervision, and known adverse health effects, and is currently available for use 
20.9 	within the state. For the purposes of this subdivision only, the board may use the expedited 
20.10 	rulemaking process under section 14.389.
20.11 		Subd. 9.Except substances by rule. The state Board of Pharmacy may by rule 
20.12 	except any compound, mixture, or preparation containing any stimulant or depressant 
20.13 	substance listed in subdivision 4, clauses (1) and (2) or in subdivisions 5 and 6 from the 
20.14 	application of all or any part of this chapter, if the compound, mixture, or preparation 
20.15 	contains one or more active medicinal ingredients not having a stimulant or depressant 
20.16 	effect on the central nervous system; provided, that such admixtures shall be included 
20.17 	therein in such combinations, quantity, proportion, or concentration as to vitiate the 
20.18 	potential for abuse of the substances which do have a stimulant or depressant effect on the 
20.19 	central nervous system.
20.20 		Subd. 10.Dextromethorphan. Dextromethorphan shall not be deemed to be 
20.21 	included in any schedule by reason of the enactment of Laws 1971, chapter 937, unless 
20.22 	controlled pursuant to the foregoing provisions of this section.
20.23 		Subd. 12.Coordination of controlled substance regulation with federal law and 
20.24 	state statute. If any substance is designated, rescheduled, or deleted as a controlled 
20.25 	substance under federal law and notice thereof is given to the state Board of Pharmacy, the 
20.26 	state Board of Pharmacy shall similarly control the substance under this chapter, after the 
20.27 	expiration of 30 days from publication in the Federal Register of a final order designating 
20.28 	a substance as a controlled substance or rescheduling or deleting a substance. Such order 
20.29 	shall be filed with the secretary of state. If within that 30-day period, the state Board of 
20.30 	Pharmacy objects to inclusion, rescheduling, or deletion, it shall publish the reasons for 
20.31 	objection and afford all interested parties an opportunity to be heard. At the conclusion of 
20.32 	the hearing, the state Board of Pharmacy shall publish its decision, which shall be subject 
20.33 	to the provisions of chapter 14.
20.34 	In exercising the authority granted by this chapter, the state Board of Pharmacy shall 
20.35 	be subject to the provisions of chapter 14. The state Board of Pharmacy shall provide 
20.36 	copies of any proposed rule under this chapter to the advisory council on controlled 
21.1 	substances at least 30 days prior to any hearing required by section 14.14, subdivision 1. 
21.2 	The state Board of Pharmacy shall consider the recommendations of the advisory council 
21.3 	on controlled substances, which may be made prior to or at the hearing.
21.4 	The state Board of Pharmacy shall annually submit a report to the legislature on or 
21.5 	before December 1 that specifies what changes the board made to the controlled substance 
21.6 	schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in 
21.7 	the preceding 12 months. The report must include specific recommendations for amending 
21.8 	the controlled substance schedules contained in subdivisions 2 to 6, so that they conform 
21.9 	with the controlled substance schedules maintained by the board in Minnesota Rules, 
21.10 	parts 6800.4210 to 6800.4250.
21.11 		Subd. 13.Implementation study. Annually, the state Board of Pharmacy shall study 
21.12 	the implementation of this chapter in relation to the problems of drug abuse in Minnesota.

21.13 	Sec. 3. Minnesota Statutes 2010, section 152.11, subdivision 1, is amended to read:
21.14 		Subdivision 1.Written General prescription requirement requirements for 
21.15 	Schedule II controlled substances. (a) A written prescription or an oral prescription 
21.16 	reduced to writing, when issued for a controlled substance in Schedule II, III, IV, or V, 
21.17 	is void unless (1) it is written in ink and contains the name and address of the person 
21.18 	for whose use it is intended; (2) it states the amount of the controlled substance to be 
21.19 	compounded or dispensed, with directions for its use; (3) if a written prescription, it 
21.20 	contains the handwritten signature, address, and federal registry number of the prescriber 
21.21 	and a designation of the branch of the healing art pursued by the prescriber; and if an oral 
21.22 	prescription, the name and address of the prescriber and a designation of the prescriber's 
21.23 	branch of the healing art; and (4) it shows the date when signed by the prescriber, or the 
21.24 	date of acceptance in the pharmacy if an oral prescription.
21.25 	(b) An electronic prescription for a controlled substance in Schedule II, III, IV, or V 
21.26 	is void unless it complies with the standards established pursuant to section 62J.497 and 
21.27 	with those portions of Code of Federal Regulations, title 21, parts 1300, 1304, 1306, and 
21.28 	1311, that pertain to electronic prescriptions.
21.29 	(c) A prescription for a controlled substance in Schedule II, III, IV, or V that is 
21.30 	transmitted by facsimile, either computer to facsimile machine or facsimile machine to 
21.31 	facsimile machine, is void unless it complies with the applicable requirements of Code of 
21.32 	Federal Regulations, title 21, part 1306.
21.33 	(d) Every licensed pharmacy that dispenses a controlled substance prescription shall 
21.34 	retain the original prescription in a file for a period of not less than two years, open to 
21.35 	inspection by any officer of the state, county, or municipal government, whose duty it is to 
22.1 	aid and assist with the enforcement of this chapter. An original electronic or facsimile 
22.2 	prescription may be stored in an electronic database, provided that the database provides a 
22.3 	means by which original prescriptions can be retrieved, as transmitted to the pharmacy, for 
22.4 	a period of not less than two years.
22.5 	(e) Every licensed pharmacy shall distinctly label the container in which a controlled 
22.6 	substance is dispensed with the directions contained in the prescription for the use thereof.
22.7 		Subd. 1a.Prescription requirements for Schedule II controlled substances. No 
22.8 	person may dispense a controlled substance included in Schedule II of section 152.02
22.9 	without a prescription written issued by a doctor of medicine, a doctor of osteopathy 
22.10 	licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a 
22.11 	doctor of podiatry, or a doctor of veterinary medicine, lawfully licensed to prescribe in this 
22.12 	state or by a practitioner licensed to prescribe controlled substances by the state in which 
22.13 	the prescription is issued, and having a current federal Drug Enforcement Administration 
22.14 	registration number. The prescription must either be printed or written in ink and contain 
22.15 	the handwritten signature of the prescriber or be transmitted electronically or by facsimile 
22.16 	as permitted under subdivision 1. Provided that in emergency situations, as authorized 
22.17 	by federal law, such drug may be dispensed upon oral prescription reduced promptly to 
22.18 	writing and filed by the pharmacist. Such prescriptions shall be retained in conformity 
22.19 	with section 152.101. No prescription for a Schedule II substance may be refilled. 
22.20 	For the purposes of this chapter, a written prescription or oral prescription, which 
22.21 	shall be reduced to writing, for a controlled substance in Schedule II, III, IV or V is void 
22.22 	unless (1) it is written in ink and contains the name and address of the person for whose 
22.23 	use it is intended; (2) it states the amount of the controlled substance to be compounded or 
22.24 	dispensed, with directions for its use; (3) if a written prescription, it contains the signature, 
22.25 	address and federal registry number of the prescriber and a designation of the branch of 
22.26 	the healing art pursued by the prescriber; and if an oral prescription, the name and address 
22.27 	of the prescriber and a designation of the prescriber's branch of the healing art; and (4) it 
22.28 	shows the date when signed by the prescriber, or the date of acceptance in the pharmacy if 
22.29 	an oral prescription. Every licensed pharmacist who compounds any such prescription 
22.30 	shall retain such prescription in a file for a period of not less than two years, open to 
22.31 	inspection by any officer of the state, county, or municipal government, whose duty it is to 
22.32 	aid and assist with the enforcement of this chapter. Every such pharmacist shall distinctly 
22.33 	label the container with the directions contained in the prescription for the use thereof.

22.34 	Sec. 4. Minnesota Statutes 2010, section 152.11, subdivision 2, is amended to read:
23.1 		Subd. 2.Written or oral Prescription requirement requirements for Schedule 
23.2 	III or IV controlled substances. No person may dispense a controlled substance included 
23.3 	in Schedule III or IV of section 152.02 without a written or oral prescription from issued, 
23.4 	as permitted under subdivision 1, by a doctor of medicine, a doctor of osteopathy licensed 
23.5 	to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a doctor of 
23.6 	podiatry, a doctor of optometry limited to Schedule IV, or a doctor of veterinary medicine, 
23.7 	lawfully licensed to prescribe in this state or from a practitioner licensed to prescribe 
23.8 	controlled substances by the state in which the prescription is issued, and having a current 
23.9 	federal drug enforcement administration registration number. Such prescription may not 
23.10 	be dispensed or refilled except with the written or verbal documented consent of the 
23.11 	prescriber, and in no event more than six months after the date on which such prescription 
23.12 	was issued and no such prescription may be refilled more than five times. 

23.13 	Sec. 5. Minnesota Statutes 2010, section 152.11, subdivision 2d, is amended to read:
23.14 		Subd. 2d.Identification requirement for Schedule II or III controlled substance.
 23.15 	(a) No person may dispense a controlled substance included in Schedule II or III without 
23.16 	requiring the person purchasing the controlled substance, who need not be the person for 
23.17 	whom the controlled substance prescription is written, to present valid photographic 
23.18 	identification, unless the person purchasing the controlled substance, or if applicable the 
23.19 	person for whom the controlled substance prescription is written, is known to the dispenser.
23.20 	(b) This subdivision applies only to purchases of controlled substances that are 
23.21 	not covered, in whole or in part, by a health plan company or other third-party payor. 
23.22 	The Board of Pharmacy shall report to the legislature by July 1, 2009, on the effect of 
23.23 	this subdivision. The board shall include in the report the incidence of complaints, if any, 
23.24 	generated by the requirements of this subdivision and whether this subdivision is creating 
23.25 	barriers to pharmaceutical access.

23.26 	Sec. 6. Minnesota Statutes 2010, section 152.11, subdivision 3, is amended to read:
23.27 		Subd. 3.Dispensing orphan drugs. For the purpose of subdivisions 1 and 2 this 
23.28 	section, nothing shall prohibit the dispensing of orphan drugs prescribed by a person 
23.29 	practicing in and licensed by another state as a physician, dentist, veterinarian, or 
23.30 	podiatrist; who has a current federal drug enforcement administration registration number; 
23.31 	and who may legally prescribe Schedule II, III, IV, or V controlled substances in that state.