SF3087

Purpose of the Bill

The bill aims to modify the restrictions on the sale of certain over-the-counter allergy medications in Minnesota that contain methamphetamine precursor drugs like ephedrine or pseudoephedrine. The goal is to update the regulations to help prevent the misuse of these substances in the production of methamphetamine, while balancing access for legitimate consumer use.

Main Provisions

• Sale Amount Limits: The bill limits the sale in a single over-the-counter transaction to a maximum of two packages or a total weight not exceeding six grams of a methamphetamine precursor drug, such as pseudoephedrine or ephedrine, calculated as the base.
• Purchase Limits: Individuals are restricted from purchasing more than seven grams of methamphetamine precursor drugs in any 30-day period from over-the-counter sales.
• Display and Sale Requirements: Methamphetamine precursor drugs must be displayed behind the checkout counter and sold only by a licensed pharmacist, registered pharmacy technician, or pharmacy clerk. Buyers must present photographic identification and sign a document detailing the transaction.
• Penalties: Violating the sale provisions could result in misdemeanor charges, with possible penalties including up to 90 days in jail, a fine up to $1,000, or both.
• Protection for Business Owners: Business owners are protected from criminal penalties if they were not aware of the violation and had a training program in place to inform employees of the relevant laws.
• Exemptions: The law exempts pediatric products, certain certified formulations that prevent meth production, gel capsules, liquids, and mixtures where pseudoephedrine is not the sole active ingredient.

Significant Changes to Existing Law

• The bill updates the quantity limits for both individual sales and the cumulative monthly purchases of methamphetamine precursor drugs.
• It clarifies the responsibility and process for verifying age and identification during purchase.
• The bill introduces liability protections for business owners against penalties if they can demonstrate compliance measures and lack of knowledge of the violation.
• It establishes an annual review and certification process by the Board of Pharmacy for compliant methamphetamine precursor formulations.

Relevant Terms

• Methamphetamine precursor drugs
• Pseudoephedrine
• Ephedrine
• Over-the-counter sale
• Controlled substances
• Schedule V drugs