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HF2476 (Legislative Session 94 (2025-2026))

Over-the-counter allergy medicine sale restrictions modified.

Related bill: SF3087

AI Generated Summary

Purpose of the Bill

The purpose of this bill is to modify the restrictions on the sale and purchase of certain over-the-counter (OTC) allergy medicines, specifically those containing methamphetamine precursor drugs like ephedrine and pseudoephedrine.

Main Provisions

  • Sale Restrictions: The bill places limits on the amount of methamphetamine precursor drugs that can be sold in a single OTC transaction. No more than two packages or a total weight of six grams of the precursor drugs can be sold in one sale.

  • Purchase Limits: Individuals cannot acquire more than seven grams of methamphetamine precursor drugs within a 30-day period through OTC sales.

  • Display and Sales Authorization: Methamphetamine precursor drugs must be displayed behind a checkout counter and sold only by a licensed pharmacist, pharmacy technician, or pharmacy clerk. Buyers must provide photographic identification and sign a record of the sale, which must be kept for three years.

  • Age Restrictions: It is prohibited to sell methamphetamine precursor drugs to individuals under 18 years old. Sellers have a defense if they reasonably relied on proof of age.

  • Criminal Penalties: Violators of these restrictions may face a misdemeanor charge, with potential imprisonment up to 90 days or a fine up to $1,000, or both.

  • Protection for Businesses: Business owners and supervisors are protected from criminal penalties if an employee violates these provisions without their knowledge, and if a training program was provided on relevant laws.

  • Exemptions: Certain products are exempt from these restrictions, including pediatric products for children under 12, certified methamphetamine-resistant products, gel capsule or liquid forms, and products where pseudoephedrine is less than 1% of total weight.

  • Record Keeping and Reporting: Employees must report suspicious transactions involving precursors, with protection from civil liability for good-faith reports.

Significant Changes to Existing Law

  • Local Ordinance Preemption: This bill preempts any local ordinances regulating the sale of products containing ephedrine or pseudoephedrine, making those enacted prior to this bill void.

Relevant Terms

  • Methamphetamine precursor drugs
  • Ephedrine
  • Pseudoephedrine
  • Over-the-counter (OTC) sale
  • Pharmacist
  • Misdemeanor
  • Pediatric products
  • Drug purchase limits
  • Sale restrictions
  • Local ordinance preemption

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 16, 2025HouseFloorActionIntroduction and first reading, referred toHealth Finance and Policy

Citations

 
[
  {
    "analysis": {
      "added": [
        "New restrictions on sales quantities and packaging for methamphetamine precursor drugs."
      ],
      "removed": [
        "Some local ordinances or regulations governing the sale of these products have been preempted."
      ],
      "summary": "The bill modifies restrictions on the sale of certain over-the-counter allergy medicines under section 152.02.",
      "modified": [
        "Adjusted the packaging and sales regulations for methamphetamine precursor drugs."
      ]
    },
    "citation": "152.02"
  },
  {
    "analysis": {
      "added": [
        "Provisions allowing for affirmative defense based on good faith reliance on proof of age."
      ],
      "removed": [],
      "summary": "The bill references section 340A.503 regarding the sale of methamphetamine precursor drugs to individuals under 18.",
      "modified": [
        "Clarified age verification requirements when selling methamphetamine precursor drugs."
      ]
    },
    "citation": "340A.503"
  }
]

Sponsors