1.1 A bill for an act
1.2 relating to controlled substances; modifying restrictions placed on the sale of
1.3 certain over-the-counter allergy medicines; amending Minnesota Statutes 2024,
1.4 section 152.02, subdivision 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 152.02, subdivision 6, is amended to read:
1.7 Subd. 6.Schedule V; restrictions on methamphetamine precursor drugs.(a) As used
1.8in this subdivision, the following terms have the meanings given:
1.9 (1) "methamphetamine precursor drug" means any compound, mixture, or preparation
1.10intended for human consumption containing ephedrine or pseudoephedrine as its sole active
1.11ingredient or as one of its active ingredients; and
1.12 (2) "over-the-counter sale" means a retail sale of a drug or product but does not include
1.13the sale of a drug or product pursuant to the terms of a valid prescription.
1.14 (b) The following items are listed in Schedule V:
1.15 (1) any compound, mixture, or preparation containing any of the following limited
1.16quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
1.17ingredients in sufficient proportion to confer upon the compound, mixture or preparation
1.18valuable medicinal qualities other than those possessed by the narcotic drug alone:
1.19 (i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
1.20 (ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
1Section 1.
REVISOR KLL/KR 25-0464903/04/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2476
NINETY-FOURTH SESSION
Authored by Schomacker and Franson03/17/2025
The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1 (iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
2.2atropine sulfate per dosage unit;
2.3 (iv) not more than 100 milligrams of opium per 100 milliliters or per 100 grams; or
2.4 (v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine
2.5sulfate per dosage unit.
2.6 (2) Stimulants. Unless specifically exempted or excluded or unless listed in another
2.7schedule, any material, compound, mixture, or preparation that contains any quantity of the
2.8following substance having a stimulant effect on the central nervous system, including its
2.9salts, isomers, and salts of isomers: pyrovalerone.
2.10 (3) Depressants. Unless specifically exempted or excluded or unless listed in another
2.11schedule, any material, compound, mixture, or preparation that contains any quantity of the
2.12following substance having a depressant effect on the central nervous system, including its
2.13salts, isomers, and salts of isomers:
2.14 (i) ezogabine;
2.15 (ii) pregabalin;
2.16 (iii) lacosamide;
2.17 (iv) cenobamate [(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl]carbamate.
2.18 (4) Any compound, mixture, or preparation containing ephedrine or pseudoephedrine
2.19as its sole active ingredient or as one of its active ingredients.
2.20 (c) No person may sell in a single over-the-counter sale more than two packages of a
2.21methamphetamine precursor drug or a combination of methamphetamine precursor drugs
2.22or any combination of packages exceeding a total weight of six grams, calculated as the
2.23base.
2.24 (d) (c) Over-the-counter sales of methamphetamine precursor drugs are limited to:
2.25 (1) packages containing not more than a total of three 3-6/10 grams of one or more
2.26methamphetamine precursor drugs, calculated in terms of ephedrine base or pseudoephedrine
2.27base; or
2.28 (2) for nonliquid products, sales in blister packs, where each blister contains not more
2.29than two dosage units, or, if the use of blister packs is not technically feasible, sales in unit
2.30dose packets or pouches.
2Section 1.
REVISOR KLL/KR 25-0464903/04/25 3.1 (e) (d) A business establishment that offers for sale methamphetamine precursor drugs
3.2in an over-the-counter sale shall ensure that all packages of the drugs are displayed behind
3.3a checkout counter where the public is not permitted and are offered for sale only by a
3.4licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The
3.5establishment shall ensure that the person making the sale requires the buyer:
3.6 (1) to provide photographic identification showing the buyer's date of birth; and
3.7 (2) to sign a written or electronic document detailing the date of the sale, the name of
3.8the buyer, and the amount of the drug sold.
3.9 A document described under clause (2) must be retained by the establishment for at least
3.10three years and must at all reasonable times be open to the inspection of any law enforcement
3.11agency.
3.12 Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
3.13purchase.
3.14 (f) (e) No person may acquire through over-the-counter sales more than six 7-2/10 grams
3.15of methamphetamine precursor drugs, calculated as the base, within a 30-day period.
3.16 (g) (f) No person may sell in an over-the-counter sale a methamphetamine precursor
3.17drug to a person under the age of 18 years. It is an affirmative defense to a charge under
3.18this paragraph if the defendant proves by a preponderance of the evidence that the defendant
3.19reasonably and in good faith relied on proof of age as described in section 340A.503,
3.20subdivision 6.
3.21 (h) (g) A person who knowingly violates paragraph (c), (d), (e), or (f), or (g) is guilty
3.22of a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
3.23payment of a fine of not more than $1,000, or both.
3.24 (i) (h) An owner, operator, supervisor, or manager of a business establishment that offers
3.25for sale methamphetamine precursor drugs whose employee or agent is convicted of or
3.26charged with violating paragraph (c), (d), (e), or (f), or (g) is not subject to the criminal
3.27penalties for violating any of those paragraphs if the person:
3.28 (1) did not have prior knowledge of, participate in, or direct the employee or agent to
3.29commit the violation; and
3.30 (2) documents that an employee training program was in place to provide the employee
3.31or agent with information on the state and federal laws and regulations regarding
3.32methamphetamine precursor drugs.
3Section 1.
REVISOR KLL/KR 25-0464903/04/25 4.1 (j) (i) Any person employed by a business establishment that offers for sale
4.2methamphetamine precursor drugs who sells such a drug to any person in a suspicious
4.3transaction shall report the transaction to the owner, supervisor, or manager of the
4.4establishment. The owner, supervisor, or manager may report the transaction to local law
4.5enforcement. A person who reports information under this subdivision in good faith is
4.6immune from civil liability relating to the report.
4.7 (k) (j) Paragraphs (b) to (j) (i) do not apply to:
4.8 (1) pediatric products labeled pursuant to federal regulation primarily intended for
4.9administration to children under 12 years of age according to label instructions;
4.10 (2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
4.11being manufactured in a manner that prevents the drug from being used to manufacture
4.12methamphetamine;
4.13 (3) methamphetamine precursor drugs in gel capsule or liquid form; or
4.14 (4) compounds, mixtures, or preparations in powder form where pseudoephedrine
4.15constitutes less than one percent of its total weight and is not its sole active ingredient.
4.16 (l) (k) The Board of Pharmacy, in consultation with the Department of Public Safety,
4.17shall certify methamphetamine precursor drugs that meet the requirements of paragraph (k)
4.18(j), clause (2), and publish an annual listing of these drugs.
4.19 (m) (l) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
4.20pursuant to sections 151.43 to 151.471 and registered with and regulated by the United
4.21States Drug Enforcement Administration are exempt from the methamphetamine precursor
4.22drug storage requirements of this section.
4.23 (n) (m) This section preempts all local ordinances or regulations governing the sale by
4.24a business establishment of over-the-counter products containing ephedrine or
4.25pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.
4Section 1.
REVISOR KLL/KR 25-0464903/04/25