1.1 	A bill for an act
1.2 	relating to crime prevention and public safety;
1.3 	regulating the sale of methamphetamine precursor
1.4 	drugs; imposing criminal penalties; amending Minnesota
1.5 	Statutes 2004, section 152.135, subdivision 2;
1.6 	proposing coding for new law in Minnesota Statutes,
1.7 	chapter 152.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 152.135,
1.10 	subdivision 2, is amended to read:
1.11 		Subd. 2.Exceptions.  (a) A drug product containing
1.12 	ephedrine, its salts, optical isomers, and salts of optical
1.13 	isomers is exempt from subdivision 1 if the drug product:
1.14 	(1) may be lawfully sold over the counter without a
1.15 	prescription under the federal Food, Drug, and Cosmetic Act,
1.16 	United States Code, title 21, section 321, et seq.;
1.17 	(2) is labeled and marketed in a manner consistent with the
1.18 	pertinent OTC Tentative Final or Final Monograph;
1.19 	(3) is manufactured and distributed for legitimate
1.20 	medicinal use in a manner that reduces or eliminates the
1.21 	likelihood of abuse;
1.22 	(4) is not marketed, advertised, or labeled for the
1.23 	indication of stimulation, mental alertness, weight loss, muscle
1.24 	enhancement, appetite control, or energy; and 
1.25 	(5) is in solid oral dosage forms, including soft gelatin
1.26 	caplets, that combine 400 milligrams of guaifenesin and 25
2.1 	milligrams of ephedrine per dose, according to label
2.2 	instructions; or is an anorectal preparation containing not more
2.3 	than five percent ephedrine; and 
2.4 	(6) is sold in a manner that does not conflict with section
2.5 	152.136.
2.6 	(b) Subdivisions 1 and 3 shall not apply to products
2.7 	containing ephedra or ma huang and lawfully marketed as dietary
2.8 	supplements under federal law.
2.9 	
EFFECTIVE DATE. This section is effective August 1, 2005,
2.10 	and applies to crimes committed on or after that date.

2.11 	Sec. 2. [152.136] SALES OF METHAMPHETAMINE PRECURSOR
2.12 	DRUGS; CRIMINAL PENALTIES.
2.13 		Subdivision 1.Definitions. (a) As used in this section,
2.14 	the following terms have the meanings given.
2.15 	(b) "Methamphetamine precursor drug" includes single-source
2.16 	methamphetamine precursor drugs and non-single-source
2.17 	methamphetamine precursor drugs.
2.18 	(c) "Non-single-source methamphetamine precursor drug"
2.19 	means a combination drug or product containing as one of its
2.20 	active ingredients ephedrine or pseudoephedrine.  However, the
2.21 	term does not include a single-source methamphetamine precursor
2.22 	drug.
2.23 	(d) "Over-the-counter sale" means a retail sale of a drug
2.24 	or product but does not include the sale of a drug or product
2.25 	pursuant to the terms of a valid prescription.
2.26 	(e) "Single-source methamphetamine precursor drug" means a
2.27 	drug or product containing as its sole active ingredient
2.28 	ephedrine or pseudoephedrine.
2.29 		Subd. 2.Prohibited conduct. (a) No person may sell in a
2.30 	single over-the-counter sale more than three packages of a
2.31 	methamphetamine precursor drug or a combination of
2.32 	methamphetamine precursor drugs or any combination of packages
2.33 	exceeding a total weight of nine grams.
2.34 	(b) Over-the-counter sales of methamphetamine precursor
2.35 	drugs are limited to:
2.36 	(1) packages containing not more than a total of three
3.1 	grams of one or more methamphetamine precursor drugs, calculated
3.2 	in terms of ephedrine base or pseudoephedrine base; or 
3.3 	(2) for nonliquid products, sales in blister packs, where
3.4 	each blister contains not more than two dosage units, or, if the
3.5 	use of blister packs is not technically feasible, sales in unit
3.6 	dose packets or pouches.
3.7 	(c) A business establishment that offers for sale
3.8 	single-source methamphetamine precursor drugs in an
3.9 	over-the-counter sale shall ensure that all packages of the
3.10 	drugs are displayed behind a checkout counter where the public
3.11 	is not permitted and are offered for sale only by a licensed
3.12 	pharmacist or a licensed pharmacy technician.  The establishment
3.13 	shall ensure that the person making the sale requires the buyer:
3.14 	(1) to provide photographic identification showing the buyer's
3.15 	date of birth; and (2) to sign a written document detailing the
3.16 	date of the sale, the name of the buyer, and the amount of the
3.17 	drug sold.  Nothing in this paragraph requires the buyer to
3.18 	obtain a prescription for the drug's purchase.
3.19 	(d) No person may acquire through over-the-counter sales
3.20 	more than nine grams of single-source methamphetamine precursor
3.21 	drugs within a 30-day period.
3.22 		Subd. 3.Criminal penalty. A person who knowingly
3.23 	violates subdivision 2 is guilty of a misdemeanor and may be
3.24 	sentenced to imprisonment for not more than 90 days, or to
3.25 	payment of a fine of not more than $1,000, or both.
3.26 		Subd. 4.Exception to criminal penalty. This section
3.27 	does not apply to a methamphetamine precursor drug that is
3.28 	manufactured in a manner that prevents the drug from being used
3.29 	to manufacture methamphetamine.
3.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
3.31 	and applies to crimes committed on or after that date.