Bill Text: MN SF2494 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Methamphetamine precursor drug sales provisions modifications and tracking system establishment
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-19 - Referred to Judiciary and Public Safety [SF2494 Detail]
Download: Minnesota-2011-SF2494-Introduced.html
1.2relating to public safety; increasing the maximum amounts of methamphetamine
1.3precursor drugs that may be sold in over-the-counter transactions; requiring
1.4an electronic methamphetamine precursor drug tracking system to facilitate
1.5the sales of these drugs and to prevent sales exceeding the maximum amounts;
1.6providing civil immunity; requiring the issuance of a request for proposals;
1.7requiring reports to the legislature;amending Minnesota Statutes 2010, sections
1.813.6905, by adding a subdivision; 152.02, subdivision 6; proposing coding for
1.9new law in Minnesota Statutes, chapter 152.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 13.6905, is amended by adding a
1.12subdivision to read:
1.13 Subd. 1a. Methamphetamine precursor drug transaction records. Data on
1.14methamphetamine precursor drug transaction records are classified under section 152.30.
1.15 Sec. 2. Minnesota Statutes 2010, section 152.02, subdivision 6, is amended to read:
1.16 Subd. 6. Schedule V; restrictions on methamphetamine precursor drugs. (a) As
1.17used in this subdivision, the following terms have the meanings given:
1.18(1) "methamphetamine precursor drug" means any compound, mixture, or
1.19preparation intended for human consumption containing ephedrine or pseudoephedrine as
1.20its sole active ingredient or as one of its active ingredients;and
1.21(2) "over-the-counter sale" means a retail sale of a drug or product but does not
1.22include the sale of a drug or product pursuant to the terms of a valid prescription; and
1.23(3) "electronic tracking system" means the electronic methamphetamine precursor
1.24drug tracking system, described in section 152.30 and section 4.
1.25(b) The following items are listed in Schedule V:
2.1(1) any compound, mixture, or preparation containing any of the following limited
2.2quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
2.3ingredients in sufficient proportion to confer upon the compound, mixture or preparation
2.4valuable medicinal qualities other than those possessed by the narcotic drug alone:
2.5(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
2.6grams;
2.7(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
2.8grams;
2.9(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
2.10of atropine sulfate per dosage unit; or
2.11(iv) not more than 15 milligrams of anhydrous morphine per 100 milliliters or per
2.12100 grams; and
2.13(2) any compound, mixture, or preparation containing ephedrine or pseudoephedrine
2.14as its sole active ingredient or as one of its active ingredients.
2.15(c) No person may sell in a single over-the-counter sale more than two packages of a
2.16methamphetamine precursor drug or a combination of methamphetamine precursor drugs
2.17or any combination of packages exceeding a total weight ofsix 7.5 grams, calculated as
2.18the base.
2.19(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
2.20(1) packages containing not more than a total ofthree 3.6 grams of one or
2.21more methamphetamine precursor drugs, calculated in terms of ephedrine base or
2.22pseudoephedrine base; or
2.23(2) for nonliquid products, sales in blister packs, where each blister contains not
2.24more than two dosage units, or, if the use of blister packs is not technically feasible, sales
2.25in unit dose packets or pouches.
2.26(e) A business establishment that offers for sale methamphetamine precursor drugs
2.27in an over-the-counter sale shall ensure that all packages of the drugs are displayed
2.28behind a checkout counter where the public is not permitted and are offered for sale only
2.29by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The
2.30establishment shall ensure that the person making the sale requires the buyer:
2.31(1) to provide valid government-issued photographic identification showing the
2.32buyer's date of birth; and
2.33(2) to sign a written or electronic document detailing the time and date of the sale,
2.34the name and address of the buyer,and the name and amount of the drug sold, and the
2.35identification number from the identification provided.
3.1A document described under clause (2) must be retained by the establishment for at
3.2least three years and must at all reasonable times be open to the inspection of any law
3.3enforcement agency.
3.4Before completing a sale under this subdivision, the establishment shall ensure that the
3.5person making the sale electronically submits the information described in clause (2) to
3.6the electronic tracking system. The person may not make the sale if the system issues a
3.7stop sale alert regarding the buyer. The person is not required to refuse to make the sale if
3.8the person has a reasonable fear that the buyer will inflict imminent bodily harm upon
3.9the person if the sale is refused. If the person making the sale experiences mechanical
3.10or electronic failure of the electronic tracking system and is unable to comply with the
3.11electronic tracking requirement, the person shall enter the required information into the
3.12system as soon as possible after the transaction is completed.
3.13A business establishment using the electronic tracking system in accordance with
3.14this paragraph is not civilly liable as a result of any act or omission in carrying out the
3.15duties required by this paragraph, provided that the establishment is acting in good faith
3.16and exercising reasonable care.
3.17Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
3.18purchase.
3.19(f) No person may acquire through over-the-counter sales more thansix 7.5 grams of
3.20methamphetamine precursor drugs, calculated as the base, within a 30-day period.
3.21(g) No person may sell in an over-the-counter sale a methamphetamine precursor
3.22drug to a person under the age of 18 years. It is an affirmative defense to a charge under
3.23this paragraph if the defendant proves by a preponderance of the evidence that the
3.24defendant reasonably and in good faith relied on proof of age as described in section
3.25340A.503, subdivision 6
.
3.26(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of
3.27a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
3.28payment of a fine of not more than $1,000, or both.
3.29(i) An owner, operator, supervisor, or manager of a business establishment that
3.30offers for sale methamphetamine precursor drugs whose employee or agent is convicted of
3.31or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal
3.32penalties for violating any of those paragraphs if the person:
3.33(1) did not have prior knowledge of, participate in, or direct the employee or agent to
3.34commit the violation; and
3.35(2) documents that an employee training program was in place to provide the
3.36employee or agent with information: (i) on the state and federal laws and regulations
4.1regarding methamphetamine precursor drugs; and (ii) on how to use the electronic
4.2tracking system.
4.3(j) Any person employed by a business establishment that offers for sale
4.4methamphetamine precursor drugs who sells such a drug to any person in a suspicious
4.5transaction shall report the transaction to the owner, supervisor, or manager of the
4.6establishment. The owner, supervisor, or manager may report the transaction to local law
4.7enforcement. A person who reports information under this subdivision in good faith is
4.8immune from civil liability relating to the report.
4.9(k) Paragraphs (b) to (j) do not apply to:
4.10(1) pediatric products labeled pursuant to federal regulation primarily intended for
4.11administration to children under 12 years of age according to label instructions;
4.12(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
4.13being manufactured in a manner that prevents the drug from being used to manufacture
4.14methamphetamine;
4.15(3) methamphetamine precursor drugs in gel capsule or liquid form; or
4.16(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
4.17constitutes less than one percent of its total weight and is not its sole active ingredient.
4.18(l) The Board of Pharmacy, in consultation with the Department of Public Safety,
4.19shall certify methamphetamine precursor drugs that meet the requirements of paragraph
4.20(k), clause (2), and publish an annual listing of these drugs.
4.21(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
4.22pursuant to sections151.42 to
151.51 and registered with and regulated by the United
4.23States Drug Enforcement Administration are exempt from the methamphetamine precursor
4.24drug storage requirements of this section.
4.25(n) This section preempts all local ordinances or regulations governing the sale
4.26by a business establishment of over-the-counter products containing ephedrine or
4.27pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.
4.28EFFECTIVE DATE.This section is effective January 1, 2014, and applies to
4.29transactions occurring on or after that date.
4.30 Sec. 3. [152.30] DUTIES OF ELECTRONIC METHAMPHETAMINE
4.31PRECURSOR DRUG TRACKING SYSTEM OPERATOR; DATA.
4.32(a) The vendor shall operate and maintain transaction records in the system in a
4.33secure manner that limits access to authorized users and complies with standards and
4.34processes of the National Information Exchange Model, Criminal Justice Information
4.35Services, and the Information Security Management Standard.
5.1(b) The vendor selected to operate the electronic methamphetamine precursor drug
5.2tracking system described in section 4 shall forward methamphetamine precursor drug
5.3transaction records each week to the commissioner of public safety and provide real-time
5.4access to this information to law enforcement agencies as directed by the commissioner.
5.5In addition, the vendor shall operate and maintain the system in a manner that complies
5.6with the requirements described in section 152.02, subdivision 6, and section 4.
5.7(c) Transaction records received by the commissioner of public safety and law
5.8enforcement agencies under paragraph (b) are private data on individuals, provided
5.9that if the transaction record is active criminal investigative data under section 13.87,
5.10subdivision 7, the transaction record is confidential data on individuals. The definitions
5.11in section 13.02 apply to this paragraph.
5.12EFFECTIVE DATE.This section is effective January 1, 2014.
5.13 Sec. 4. REQUEST FOR PROPOSALS FOR ELECTRONIC
5.14METHAMPHETAMINE PRECURSOR DRUG TRACKING SYSTEM.
5.15(a) As used in this section, "methamphetamine precursor drug" and "over-the-counter
5.16sale" have the meanings given in Minnesota Statutes, section 152.02, subdivision 6,
5.17paragraph (a).
5.18(b) The commissioner of administration shall issue a request for proposals from
5.19vendors to provide and maintain a multistate electronic methamphetamine precursor
5.20drug tracking system. The system must:
5.21(1) be able to monitor over-the-counter methamphetamine precursor drug sales in
5.22multiple states in real time to help prevent individuals from purchasing these drugs in
5.23quantities above the legal limit by generating a stop sale alert to retailers;
5.24(2) include an override function that may be used by a retailer who has a reasonable
5.25fear that a purchaser may inflict imminent bodily harm on the retailer if the sale is not
5.26allowed;
5.27(3) be capable of logging each instance in which the override function is used;
5.28(4) be able to operate and maintain transaction records in accordance with section
5.293; and
5.30(5) be made available at no cost to Minnesota retailers and be capable of being fully
5.31operational in Minnesota by January 1, 2014.
5.32(c) By November 15, 2012, the commissioner shall select a vendor to maintain and
5.33operate the system described in paragraph (b).
5.34(d) By January 15, 2013, the commissioner shall report to the chairs and ranking
5.35minority members of the senate and house of representatives committees having
6.1jurisdiction over criminal justice and health policy on the selection of the vendor under
6.2this section.
6.3EFFECTIVE DATE.This section is effective the day following final enactment.
6.4 Sec. 5. SUSPENSION OF AMENDMENTS MADE IN ACT.
6.5If the commissioner of administration does not select a vendor under section 4
6.6because the commissioner determines that no vendor meets the required criteria, or the
6.7commissioner of public safety determines that the electronic methamphetamine precursor
6.8drug tracking system implemented pursuant to section 4 does not substantially comply
6.9with the requirements of this act, the amendments made in this act to Minnesota Statutes,
6.10section 152.02, subdivision 6, are void and without effect and the law previously in effect
6.11controls.
6.12 Sec. 6. REPORT TO LEGISLATURE.
6.13The commissioners of health and public safety, in consultation with law enforcement
6.14officials and retailers, shall monitor the implementation of this act. By January 15, 2015,
6.15the commissioners shall report to the chairs and ranking minority members of the senate
6.16and house of representatives committees having jurisdiction over criminal justice and
6.17health policy on the law's implementation. At a minimum, the report must address whether
6.18the electronic methamphetamine precursor drug tracking system is working effectively,
6.19and if necessary, include recommended changes to the law. The commissioners shall
6.20submit follow-up reports complying with this section by January 15, 2016, and January
6.2115, 2017.
1.3precursor drugs that may be sold in over-the-counter transactions; requiring
1.4an electronic methamphetamine precursor drug tracking system to facilitate
1.5the sales of these drugs and to prevent sales exceeding the maximum amounts;
1.6providing civil immunity; requiring the issuance of a request for proposals;
1.7requiring reports to the legislature;amending Minnesota Statutes 2010, sections
1.813.6905, by adding a subdivision; 152.02, subdivision 6; proposing coding for
1.9new law in Minnesota Statutes, chapter 152.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 13.6905, is amended by adding a
1.12subdivision to read:
1.13 Subd. 1a. Methamphetamine precursor drug transaction records. Data on
1.14methamphetamine precursor drug transaction records are classified under section 152.30.
1.15 Sec. 2. Minnesota Statutes 2010, section 152.02, subdivision 6, is amended to read:
1.16 Subd. 6. Schedule V; restrictions on methamphetamine precursor drugs. (a) As
1.17used in this subdivision, the following terms have the meanings given:
1.18(1) "methamphetamine precursor drug" means any compound, mixture, or
1.19preparation intended for human consumption containing ephedrine or pseudoephedrine as
1.20its sole active ingredient or as one of its active ingredients;
1.21(2) "over-the-counter sale" means a retail sale of a drug or product but does not
1.22include the sale of a drug or product pursuant to the terms of a valid prescription; and
1.23(3) "electronic tracking system" means the electronic methamphetamine precursor
1.24drug tracking system, described in section 152.30 and section 4.
1.25(b) The following items are listed in Schedule V:
2.1(1) any compound, mixture, or preparation containing any of the following limited
2.2quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
2.3ingredients in sufficient proportion to confer upon the compound, mixture or preparation
2.4valuable medicinal qualities other than those possessed by the narcotic drug alone:
2.5(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
2.6grams;
2.7(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
2.8grams;
2.9(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
2.10of atropine sulfate per dosage unit; or
2.11(iv) not more than 15 milligrams of anhydrous morphine per 100 milliliters or per
2.12100 grams; and
2.13(2) any compound, mixture, or preparation containing ephedrine or pseudoephedrine
2.14as its sole active ingredient or as one of its active ingredients.
2.15(c) No person may sell in a single over-the-counter sale more than two packages of a
2.16methamphetamine precursor drug or a combination of methamphetamine precursor drugs
2.17or any combination of packages exceeding a total weight of
2.18the base.
2.19(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
2.20(1) packages containing not more than a total of
2.21more methamphetamine precursor drugs, calculated in terms of ephedrine base or
2.22pseudoephedrine base; or
2.23(2) for nonliquid products, sales in blister packs, where each blister contains not
2.24more than two dosage units, or, if the use of blister packs is not technically feasible, sales
2.25in unit dose packets or pouches.
2.26(e) A business establishment that offers for sale methamphetamine precursor drugs
2.27in an over-the-counter sale shall ensure that all packages of the drugs are displayed
2.28behind a checkout counter where the public is not permitted and are offered for sale only
2.29by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The
2.30establishment shall ensure that the person making the sale requires the buyer:
2.31(1) to provide valid government-issued photographic identification showing the
2.32buyer's date of birth; and
2.33(2) to sign a written or electronic document detailing the time and date of the sale,
2.34the name and address of the buyer,
2.35identification number from the identification provided.
3.1A document described under clause (2) must be retained by the establishment for at
3.2least three years and must at all reasonable times be open to the inspection of any law
3.3enforcement agency.
3.4Before completing a sale under this subdivision, the establishment shall ensure that the
3.5person making the sale electronically submits the information described in clause (2) to
3.6the electronic tracking system. The person may not make the sale if the system issues a
3.7stop sale alert regarding the buyer. The person is not required to refuse to make the sale if
3.8the person has a reasonable fear that the buyer will inflict imminent bodily harm upon
3.9the person if the sale is refused. If the person making the sale experiences mechanical
3.10or electronic failure of the electronic tracking system and is unable to comply with the
3.11electronic tracking requirement, the person shall enter the required information into the
3.12system as soon as possible after the transaction is completed.
3.13A business establishment using the electronic tracking system in accordance with
3.14this paragraph is not civilly liable as a result of any act or omission in carrying out the
3.15duties required by this paragraph, provided that the establishment is acting in good faith
3.16and exercising reasonable care.
3.17Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
3.18purchase.
3.19(f) No person may acquire through over-the-counter sales more than
3.20methamphetamine precursor drugs, calculated as the base, within a 30-day period.
3.21(g) No person may sell in an over-the-counter sale a methamphetamine precursor
3.22drug to a person under the age of 18 years. It is an affirmative defense to a charge under
3.23this paragraph if the defendant proves by a preponderance of the evidence that the
3.24defendant reasonably and in good faith relied on proof of age as described in section
3.26(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of
3.27a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
3.28payment of a fine of not more than $1,000, or both.
3.29(i) An owner, operator, supervisor, or manager of a business establishment that
3.30offers for sale methamphetamine precursor drugs whose employee or agent is convicted of
3.31or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal
3.32penalties for violating any of those paragraphs if the person:
3.33(1) did not have prior knowledge of, participate in, or direct the employee or agent to
3.34commit the violation; and
3.35(2) documents that an employee training program was in place to provide the
3.36employee or agent with information: (i) on the state and federal laws and regulations
4.1regarding methamphetamine precursor drugs; and (ii) on how to use the electronic
4.2tracking system.
4.3(j) Any person employed by a business establishment that offers for sale
4.4methamphetamine precursor drugs who sells such a drug to any person in a suspicious
4.5transaction shall report the transaction to the owner, supervisor, or manager of the
4.6establishment. The owner, supervisor, or manager may report the transaction to local law
4.7enforcement. A person who reports information under this subdivision in good faith is
4.8immune from civil liability relating to the report.
4.9(k) Paragraphs (b) to (j) do not apply to:
4.10(1) pediatric products labeled pursuant to federal regulation primarily intended for
4.11administration to children under 12 years of age according to label instructions;
4.12(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
4.13being manufactured in a manner that prevents the drug from being used to manufacture
4.14methamphetamine;
4.15(3) methamphetamine precursor drugs in gel capsule or liquid form; or
4.16(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
4.17constitutes less than one percent of its total weight and is not its sole active ingredient.
4.18(l) The Board of Pharmacy, in consultation with the Department of Public Safety,
4.19shall certify methamphetamine precursor drugs that meet the requirements of paragraph
4.20(k), clause (2), and publish an annual listing of these drugs.
4.21(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
4.22pursuant to sections
4.23States Drug Enforcement Administration are exempt from the methamphetamine precursor
4.24drug storage requirements of this section.
4.25(n) This section preempts all local ordinances or regulations governing the sale
4.26by a business establishment of over-the-counter products containing ephedrine or
4.27pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.
4.28EFFECTIVE DATE.This section is effective January 1, 2014, and applies to
4.29transactions occurring on or after that date.
4.30 Sec. 3. [152.30] DUTIES OF ELECTRONIC METHAMPHETAMINE
4.31PRECURSOR DRUG TRACKING SYSTEM OPERATOR; DATA.
4.32(a) The vendor shall operate and maintain transaction records in the system in a
4.33secure manner that limits access to authorized users and complies with standards and
4.34processes of the National Information Exchange Model, Criminal Justice Information
4.35Services, and the Information Security Management Standard.
5.1(b) The vendor selected to operate the electronic methamphetamine precursor drug
5.2tracking system described in section 4 shall forward methamphetamine precursor drug
5.3transaction records each week to the commissioner of public safety and provide real-time
5.4access to this information to law enforcement agencies as directed by the commissioner.
5.5In addition, the vendor shall operate and maintain the system in a manner that complies
5.6with the requirements described in section 152.02, subdivision 6, and section 4.
5.7(c) Transaction records received by the commissioner of public safety and law
5.8enforcement agencies under paragraph (b) are private data on individuals, provided
5.9that if the transaction record is active criminal investigative data under section 13.87,
5.10subdivision 7, the transaction record is confidential data on individuals. The definitions
5.11in section 13.02 apply to this paragraph.
5.12EFFECTIVE DATE.This section is effective January 1, 2014.
5.13 Sec. 4. REQUEST FOR PROPOSALS FOR ELECTRONIC
5.14METHAMPHETAMINE PRECURSOR DRUG TRACKING SYSTEM.
5.15(a) As used in this section, "methamphetamine precursor drug" and "over-the-counter
5.16sale" have the meanings given in Minnesota Statutes, section 152.02, subdivision 6,
5.17paragraph (a).
5.18(b) The commissioner of administration shall issue a request for proposals from
5.19vendors to provide and maintain a multistate electronic methamphetamine precursor
5.20drug tracking system. The system must:
5.21(1) be able to monitor over-the-counter methamphetamine precursor drug sales in
5.22multiple states in real time to help prevent individuals from purchasing these drugs in
5.23quantities above the legal limit by generating a stop sale alert to retailers;
5.24(2) include an override function that may be used by a retailer who has a reasonable
5.25fear that a purchaser may inflict imminent bodily harm on the retailer if the sale is not
5.26allowed;
5.27(3) be capable of logging each instance in which the override function is used;
5.28(4) be able to operate and maintain transaction records in accordance with section
5.293; and
5.30(5) be made available at no cost to Minnesota retailers and be capable of being fully
5.31operational in Minnesota by January 1, 2014.
5.32(c) By November 15, 2012, the commissioner shall select a vendor to maintain and
5.33operate the system described in paragraph (b).
5.34(d) By January 15, 2013, the commissioner shall report to the chairs and ranking
5.35minority members of the senate and house of representatives committees having
6.1jurisdiction over criminal justice and health policy on the selection of the vendor under
6.2this section.
6.3EFFECTIVE DATE.This section is effective the day following final enactment.
6.4 Sec. 5. SUSPENSION OF AMENDMENTS MADE IN ACT.
6.5If the commissioner of administration does not select a vendor under section 4
6.6because the commissioner determines that no vendor meets the required criteria, or the
6.7commissioner of public safety determines that the electronic methamphetamine precursor
6.8drug tracking system implemented pursuant to section 4 does not substantially comply
6.9with the requirements of this act, the amendments made in this act to Minnesota Statutes,
6.10section 152.02, subdivision 6, are void and without effect and the law previously in effect
6.11controls.
6.12 Sec. 6. REPORT TO LEGISLATURE.
6.13The commissioners of health and public safety, in consultation with law enforcement
6.14officials and retailers, shall monitor the implementation of this act. By January 15, 2015,
6.15the commissioners shall report to the chairs and ranking minority members of the senate
6.16and house of representatives committees having jurisdiction over criminal justice and
6.17health policy on the law's implementation. At a minimum, the report must address whether
6.18the electronic methamphetamine precursor drug tracking system is working effectively,
6.19and if necessary, include recommended changes to the law. The commissioners shall
6.20submit follow-up reports complying with this section by January 15, 2016, and January
6.2115, 2017.
