Bill Text: MN SF1333 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Controlled substance schedules alignment with federal controlled substance schedules; pharmacy board controlled substances regulation authority modification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-28 - Referred to Judiciary and Public Safety [SF1333 Detail]
Download: Minnesota-2011-SF1333-Introduced.html
1.2relating to public safety; aligning state controlled substance schedules with
1.3federal controlled substance schedules; modifying the authority of the Board of
1.4Pharmacy to regulate controlled substances; allowing the electronic prescribing
1.5of controlled substances;amending Minnesota Statutes 2010, sections 152.01, by
1.6adding a subdivision; 152.02; 152.11, subdivisions 1, 2, 2d, 3.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 152.01, is amended by adding a
1.9subdivision to read:
1.10 Subd. 23. Analogue. (a) Except as provided in paragraph (b), "analogue" means a
1.11substance, the chemical structure of which is substantially similar to the chemical structure
1.12of a controlled substance in Schedule I or II:
1.13(1) that has a stimulant, depressant, or hallucinogenic effect on the central nervous
1.14system that is substantially similar to or greater than the stimulant, depressant, or
1.15hallucinogenic effect on the central nervous system of a controlled substance in Schedule
1.16I or II; or
1.17(2) with respect to a particular person, if the person represents or intends that the
1.18substance have a stimulant, depressant, or hallucinogenic effect on the central nervous
1.19system that is substantially similar to or greater than the stimulant, depressant, or
1.20hallucinogenic effect on the central nervous system of a controlled substance in Schedule I
1.21or II.
1.22(b) "Analogue" does not include:
1.23(1) a controlled substance;
1.24(2) any substance for which there is an approved new drug application under the
1.25federal Food, Drug, and Cosmetic Act; or
2.1(3) with respect to a particular person, any substance, if an exemption is in effect for
2.2investigational use, for that person, as provided by United States Code, title 21, section
2.3355, and the person is registered as a controlled substance researcher as required under
2.4section 152.12, subdivision 3, to the extent conduct with respect to the substance is
2.5pursuant to the exemption and registration.
2.6 Sec. 2. Minnesota Statutes 2010, section 152.02, is amended to read:
2.7152.02 SCHEDULES OF CONTROLLED SUBSTANCES;
2.8ADMINISTRATION OF CHAPTER.
2.9 Subdivision 1. Five schedules. There are established five schedules of controlled
2.10substances, to be known as Schedules I, II, III, IV, and V. Such schedules shall initially
2.11consist of the substances listed in this section by whatever official name, common or usual
2.12name, chemical name, or trade name designated.
2.13 Subd. 2. Schedule I.The following items are listed in Schedule I: (a) Schedule I
2.14shall consist of the drugs and other substances, by whatever official name, common or
2.15usual name, chemical name, or brand name designated, listed in this subdivision.
2.16(1) Any of the following substances, including (b) Opiates. Unless
2.17specifically excepted or unless listed in another schedule any of the following
2.18opiates and their analogues (including homologues), isomers (whether optical,
2.19positional, or geometric), esters, ethers, salts, and salts of isomers, esters, and
2.20ethers,unless specifically excepted, whenever the existence of such
2.21analogues, isomers, esters, ethers and salts is possiblewithin the specific chemical
2.22designation: Acetylmethadol; Allylprodine; Alphacetylmethadol (except
2.23levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol,
2.24levomethadyl acetate, or LAAM); Alphameprodine; Alphamethadol;
2.25Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
2.26propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine;
2.27Benzethidine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine;
2.28Clonitazene; Dextromoramide;Dextrorphan; Diampromide; Diethyliambutene;
2.29Difenoixin; Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl
2.30butyrate; Dipipanone; Ethylmethylthiambutene; Etonitazene; Etoxeridine;
2.31Furethidine; Hydroxypethidine; Ketobemidone; Levomoramide;
2.32Levophenacylmorphan; Methyl substituted isomers of Fentanyl; 3-Methylfentanyl,
2.33(N-[3-Methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);
2.34Acetyl-alpha-methylfentanyl,
3.1(N-[1-(1-methyl-2-phenylethyl)-4-piperidinyl]-N-phenylacetamide);
3.2Alpha-methylthiofentanyl,(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl-N-
3.3phenylpropanamide); Benzylfentanyl, (N-[1-benzyl-4-piperidyl]-N-phenylpropanamide);
3.4Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenylethyl-4-piperidinyl]-N-
3.5phenylpropanamide); Beta-hydroxy-3-methylfentanyl,
3.6(N-[1-(2-hydroxy-2-phenylethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
3.73-methylthiofentanyl,
3.8(N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
3.9Thenylfentanyl, (N-[1-(2-thienyl)Methyl-4-piperidyl]-N-phenylpropanamide);
3.10Thiofentanyl, (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);
3.11para-fluorofentanyl,(N-[1-(2-phenylethyl)-4-piperidyl]-N-(4-fluorophenyl)-propanamide);
3.12Morpheridine; MPPP; 1-Methyl-4-phenyl-4-Propionoxypiperidine;
3.13Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; PEPAP,
3.14(1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine); Phenadoxone; Phenampromide;
3.15Phenomorphan; Phenoperidine; Piritramide; Proheptazine; Properidine;
3.16 Propiram; Racemoramide; Tilidine; Trimeperidine.
3.17(2) (c) Any of the following opium derivatives, their analogues (including
3.18homologues), salts, isomers and salts of isomers, unless specifically excepted or unless
3.19listed in another schedule, whenever the existence of such analogues, salts, isomers
3.20and salts of isomers is possiblewithin the specific chemical designation: Acetorphine;
3.21Acetyldihydrocodeine;Acetylcodone; Benzylmorphine; Codeine methylbromide;
3.22Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Drotebanol;
3.23Etorphine (except hydrochloride salt); Heroin; Hydromorphinol; Methyldesorphine;
3.24Methylhydromorphine Methyldihydromorphine; Morphine methylbromide; Morphine
3.25methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine;
3.26Normorphine; Pholcodine; Thebacon.
3.27(3) (d) Any material, compound, mixture or preparation which contains any
3.28quantity of the following hallucinogenic substances, their analogues (including
3.29homologues), salts, isomers (whether optical, positional, or geometric) and salts of
3.30isomers, unless specifically excepted or unless listed in another schedule, whenever
3.31the existence of such analogues, salts, isomers, and salts of isomers is possible
3.32within the specific chemical designation: 3,4-methylenedioxy amphetamine;
3.333,4-methylenedioxymethamphetamine; 3,4-Methylenedioxy-N-ethylamphetamine;
3.34N-hydroxy-3, 4-Methylenedioxy-amphetamine; 4-bromo-2,5-dimethoxyamphetamine;
3.352,5-dimethoxyamphetamine; 4-methoxyamphetamine; 5-methoxy-3,
3.364-methylenedioxy amphetamine; Alpha-Ethyltryptamine; Bufotenine;
4.1Diethyltryptamine; Dimethyltryptamine; 3,4,5-trimethoxy amphetamine; 4-methyl-2,
4.25-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; marijuana;
4.3Mescaline; Parahexyl; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl benzilate;
4.4Psilocybin; Psilocyn; Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine
4.5naturally contained in a plant of the genus Cannabis (cannabis plant); synthetic
4.6equivalents of the substances contained in the cannabis plant or in the resinous
4.7extractives of the cannabis plant; synthetic substances, derivatives, and their
4.8isomers with similar chemical structure and pharmacological activity to those
4.9substances contained in the cannabis plant; Thiophene analogue of phencyclidine
4.10(1-2[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienyl analogue of phencyclidine, TPCP,
4.11TCP; ethylamine analogue of phencyclidine; (n-ethyl-1-phenyl-cyclohexylamine);
4.12(1-phenylcyclohexyl)ethylamine, N-(1-phenylcyclohexyl)ethylamine, cyclohexamine,
4.13PCE; pyrrolidine analogue of phencyclidine (1-(1-phenylcyclohexyl)
4.14pyrrolidine); 2-thienyl Pyrrolidine analogue of phencyclidine
4.15(1-[1-(2-thienyl)cyclohexyl]-pyrrolidine); 4-Bromo-2,5-dimethoxyphenethylamine,
4.16also known as 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane, alpha-desmethyl
4.17DOB, 2C-B, or Nexus; 2,5-dimethoxy-4-ethylamphetamine, also known as DOET;
4.182,5-dimethoxy-4-(n)-proprylthiophenethylamine, also known as 2C-T-7; Alpha-
4.19methyltryptamine, also known as AMT; 5-methoxy-N,N-diisopropyltryptamine,
4.20also known as 5-MeO-DIPT; 2,5-dimethoxy-4-ethylphenethylamine,
4.21also known as 2C-E; 2,5-dimethoxy-4-iodophenethylamine, also known
4.22as 2C-I; 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
4.234-chloro-2,5-dimethoxyphenethylamine (2C-C); 4-propyl-2,5-dimethoxyphenethylamine
4.24(2C-P); 4-chloro-2,5-dimethoxyamphetamine (DOC); 4-iodo-2,5-dimethoxyamphetamine
4.25(DOI); 5-methoxy-α-methyltryptamine (5-MeO-AMT); N,N-diisopropyltryptamine
4.26(DiPT); 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT); 2,5-dimethoxyamphetamine
4.27(2,5-DMA).
4.28(4) (e) Peyote, meaning all parts of the plant presently classified botanically as
4.29Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract
4.30from any part of such plant, and every compound, manufacture, salts, derivative, mixture,
4.31or preparation of such plant, its seeds or extracts, providing the listing of peyote as a
4.32controlled substance in Schedule I does not apply to the nondrug use of peyote in bona
4.33fide religious ceremonies of the American Indian Church, and members of the American
4.34Indian Church are exempt from registration. Any person who manufactures peyote for or
4.35distributes peyote to the American Indian Church, however, is required to obtain federal
4.36registration annually and to comply with all other requirements of law.
5.1(5) (f) Unless specifically excepted or unless listed in another schedule, any
5.2material compound, mixture, or preparation which contains any quantity of the following
5.3substances having a depressant effect on the central nervous system,including and its
5.4analogues (including homologues), salts, isomers, and salts of isomers whenever the
5.5existence of such analogues, salts, isomers, and salts of isomers is possible within the
5.6specific chemical designation:
5.7Mecloqualone; Methaqualone; Gamma-hydroxybutyric acid, including its esters and
5.8ethers (some other names include GHB, gamma-hydroxybutyrate, 4-hydroxybutanoic
5.9acid, sodium oxybate, sodium oxybutyrate);
5.10Flunitrazepam.
5.11(6) (g) Unless specifically excepted or unless listed in another schedule, any
5.12material compound, mixture, or preparation which contains any quantity of the following
5.13substances having a stimulant effect on the central nervous system,including and its
5.14analogues (including homologues), salts, isomers, and salts of isomers whenever the
5.15existence of such analogues, salts, isomers, and salts of isomers is possible within the
5.16specific chemical designation:
5.17Aminorex, also known as Aminoxaphen, 2-Amino-5-phenyl-2-oxazoline,
5.18or 4,5-Dihydro-5-phenyl-2-oxazolamine; Cathinone also known as
5.192-Amino-1-phenyl-1-propanone, alpha-Aminopropiophenone, 2-Aminopropiophenone
5.20or Norephedrone; Fenethylline;
5.21Methcathinone, also known as 2-(Methylamino)-Propiophenone,
5.22alpha-(Methylamino)-propiophenone, 2-(Methylamino)-1-Phenylpropan-1-one,
5.23alpha-N-Methylaminopropiophenone, monomethylpropion, ephedrone,
5.24N-Methylcathinone or Methylcathinone; (±) cis-4-Methylaminorex, also known
5.25as (±) cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine; N-ethylamphetamine;
5.26N,N-dimethylamphetamine, also known as N,N-alpha-trimethyl-benzene-ethanamine
5.27or N,N-alpha-trimethylphenethylamine; N-benzylpioperazine, also known as BZP,
5.281-benzylpiperazine; methylenedioxypyrovalerone (MDPV); 4-methylmethcathinone;
5.293,4-Methylenedioxypyrovalerone.
5.30(h) A controlled substance analogue, to the extent that it is implicitly or explicitly
5.31intended for human consumption, shall be treated, for the purposes of this chapter, as a
5.32controlled substance in Schedule I.
5.33 Subd. 3. Schedule II. The following items are listed in Schedule II:
5.34(1) (a) Unless specifically excepted or unless listed in another schedule, any of
5.35the following substances whether produced directly or indirectly by extraction from
6.1substances of vegetable origin or independently by means of chemical synthesis, or by a
6.2combination of extraction and chemical synthesis:
6.3(a) (1) Opium and opiate, and any salt, compound, derivative, or preparation
6.4of opium or opiate,including the following: raw opium, opium extracts, opium
6.5fluid extracts, powdered opium, granulated opium, tincture of opium, apomorphine,
6.6codeine, ethylmorphine, hydrocodone, hydromorphone, metopon, morphine, oxycodone,
6.7oxymorphone, thebaine excluding apomorphine, thebaine-derived butorphanol,
6.8dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone, and their respective
6.9salts, but including the following: Raw opium; Opium extracts; Opium fluid; Powdered
6.10opium, Granulated opium, Tincture of opium, Codeine, Dihydroetorphine, Ethylmorphine,
6.11Etorphine hydrochloride, Hydrocodone, Hydromorphone, Metopon, Morphine,
6.12Oxycodone, Oxymorphone, Thebaine, Oripavine.
6.13(b) (2) Any salt, compound, derivative, or preparation thereof which is chemically
6.14equivalent or identical with any of the substances referred to in clause (a), except that
6.15these substances shall not include the isoquinoline alkaloids of opium.
6.16(c) (3) Opium poppy and poppy straw.
6.17(d) (4) Coca leaves and any salt, cocaine compound, derivative, or preparation
6.18of coca leaves,including cocaine and ecgonine, the salts and isomers of cocaine and
6.19ecgonine (including cocaine and ecgonine and their salts, isomers, derivatives, and salts of
6.20isomers and derivatives), and any salt, compound, derivative, or preparation thereof that is
6.21chemically equivalent or identical with any of these substances, except that the substances
6.22shall not include decocainized coca leaves or extraction of coca leaves, which extractions
6.23do not contain cocaine or ecgonine, and the salts of their isomers.
6.24(e) Any salt, compound, derivative, or preparation thereof which is chemically
6.25equivalent or identical with any of the substances referred to in clause (d), except that the
6.26substances shall not include decocainized coca leaves or extraction of coca leaves, which
6.27extractions do not contain cocaine or ecgonine. (5) Concentrate of poppy straw (the
6.28crude extract of poppy straw in either liquid, solid, or powder form which contains the
6.29phenanthrene alkaloids of the opium poppy).
6.30(2) (b) Any of the following opiates, including their isomers, esters, ethers,
6.31salts, and salts of isomers, esters and ethers, unless specifically excepted, or unless
6.32listed in another schedule, whenever the existence of such isomers, esters, ethers and
6.33salts is possible within the specific chemical designation: Alfentanil; Alphaprodine;
6.34Anileridine; Bezitramide; Bulk Dextropropoxyphene (nondosage forms); Carfentanil;
6.35Dihydrocodeine; Dihydromorphinone; Diphenoxylate; Fentanyl; Isomethadone;
6.36Levo-alpha-acetylmethadol (LAAM); Levomethorphan; Levorphanol; Metazocine;
7.1Methadone; Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
7.2Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
7.3Pethidine; Pethidine - Intermediate - A, 4-cyano-1-methyl-4-phenylpiperidine; Pethidine
7.4- Intermediate - B, ethyl-4-phenylpiperidine-4-carboxylate; Pethidine - Intermediate
7.5- C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; Phenazocine; Piminodine;
7.6Racemethorphan; Racemorphan; Remifentanil; Sufentanil; Tapentadol.
7.7(3) (c) Unless specifically excepted or unless listed in another schedule, any
7.8material, compound, mixture, or preparation which contains any quantity of the following
7.9substances having a stimulant effect on the central nervous system:
7.10(a) (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
7.11(b) (2) Methamphetamine, its salts, isomers, and salts of its isomers;
7.12(c) (3) Phenmetrazine and its salts;
7.13(d) (4) Methylphenidate.;
7.14(5) Lisdexamfetamine.
7.15(4) (d) Unless specifically excepted or unless listed in another schedule, any
7.16material, compound, mixture, or preparation which contains any quantity of the following
7.17substances having a depressant effect on the central nervous system, including its salts,
7.18isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
7.19isomers is possible within the specific chemical designation:
7.20(a) Methaqualone
7.21(b) (1) Amobarbital
7.22(2) Glutethimide
7.23(c) (3) Secobarbital
7.24(d) (4) Pentobarbital
7.25(e) (5) Phencyclidine
7.26(f) (6) Phencyclidine immediate precursors:
7.27(i) 1-phenylcyclohexylamine
7.28(ii) 1-piperidinocyclohexanecarbonitrile.
7.29(7) Immediate precursors to amphetamine and methamphetamine: phenylacetone.
7.30(e) Hallucinogenic substances. Nabilone [another name for Nabilone:
7.31(±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-
7.32dibenzo [b,d] pyran-9-one].
7.33 Subd. 4. Schedule III. (a) The following items are listed in Schedule III:
7.34(1)Any material, compound, mixture, or preparation which contains any quantity
7.35of Amphetamine, its salts, optical isomers, and salts of its optical isomers; Stimulants.
7.36Unless specifically excepted or unless listed in another schedule, any material, compound,
8.1mixture, or preparation which contains any quantity of the following substances having
8.2a potential for abuse associated with a stimulant effect on the central nervous system,
8.3including its salts, isomers (whether optical, positional, or geometric), and salts of such
8.4isomers whenever the existence of such salts, isomers, and salts of isomers is possible
8.5within the specific chemical designation:
8.6(i) Phenmetrazine and its salts;Methamphetamine, its salts, isomers, and salts of
8.7isomers; Methylphenidate; and which is required by federal law to be labeled with the
8.8symbol prescribed by 21 Code of Federal Regulations Section 1302.03 and in effect on
8.9February 1, 1976 designating that the drug is listed as a Schedule III controlled substance
8.10under federal law.
8.11(ii) Benzphetamine;
8.12(iii) Chlorphentermine;
8.13(iv) Clortermine;
8.14(v) Phendimetrazine.
8.15(2) Depressants. Unless specifically excepted or unless listed in another schedule,
8.16any material, compound, mixture, or preparation which contains any quantity of the
8.17following substances having a potential for abuse associated with a depressant effect on
8.18the central nervous system:
8.19(a) (i) Any compound, mixture, or preparation containing amobarbital, secobarbital,
8.20pentobarbital or any salt thereof and one or more other active medicinal ingredients which
8.21are not listed in any schedule.;
8.22(b) (ii) Any suppository dosage form containing amobarbital, secobarbital,
8.23pentobarbital, or any salt of any of these drugs and approved by the food and drug
8.24administration for marketing only as a suppository.;
8.25(c) (iii) Any substance which contains any quantity of a derivative of barbituric acid,
8.26or any salt of a derivative of barbituric acid, except those substances which are specifically
8.27listed in other schedules:;
8.28(iv) Chlorhexadol;Glutethimide;
8.29(v) Any drug product containing gamma hydroxybutyric acid, including its salts,
8.30isomers, and salts of isomers, for which an application is approved under section 505 of
8.31the federal Food, Drug, and Cosmetic Act;
8.32(vi) Ketamine, its salts, isomers and salts of isomers;
8.33(vii) Lysergic acid;
8.34(viii) Lysergic acid amide;
8.35(ix) Methyprylon;
8.36(x) Sulfondiethylmethane;
9.1(xi) Sulfonethylmethane;
9.2(xii) Sulfonmethane.;
9.3(xiii) Tiletamine and zolazepam and any salt thereof;
9.4(xiv) Embutramide.
9.5(d) Gamma hydroxybutyrate, any salt, compound, derivative, or preparation of
9.6gamma hydroxybutyrate, including any isomers, esters, and ethers and salts of isomers,
9.7esters, and ethers of gamma hydroxybutyrate whenever the existence of such isomers,
9.8esters, and salts is possible within the specific chemical designation.
9.9(3) Any material, compound, mixture, or preparation which contains any quantity of
9.10the following substances having a potential for abuse associated with a stimulant effect on
9.11the central nervous system:
9.12(a) Benzphetamine
9.13(b) Chlorphentermine
9.14(c) Clortermine
9.15(d) Mazindol
9.16(e) Phendimetrazine.
9.17(4) (3) Nalorphine.
9.18(5) Any material, compound, mixture, or preparation containing limited quantities
9.19of any of the following narcotic drugs, or any salts thereof (4) Narcotic Drugs. Unless
9.20specifically excepted or unless listed in another schedule, any material, compound,
9.21mixture, or preparation containing any of the following narcotic drugs, or their salts
9.22calculated as the free anhydrous base or alkaloid, in limited quantities as follows:
9.23(a) (i) Not more than
1.80 grams of codeine per 100 milliliters or not more than 90
9.24milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid
9.25of opium.;
9.26(b) (ii) Not more than
1.80 grams of codeine per 100 milliliters or not more than 90
9.27milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized
9.28therapeutic amounts.;
9.29(c) (iii) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or
9.30not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an
9.31isoquinoline alkaloid of opium.;
9.32(d) (iv) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
9.33more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients
9.34in recognized therapeutic amounts.;
10.1(e) (v) Not more than
1.80 grams of dihydrocodeine per 100 milliliters or not more
10.2than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
10.3recognized therapeutic amounts.;
10.4(f) (vi) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not
10.5more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients
10.6in recognized therapeutic amounts.;
10.7(g) (vii) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams,
10.8or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic
10.9ingredients in recognized therapeutic amounts.;
10.10(h) (viii) Not more than 50 milligrams of morphine per 100 milliliters or per 100
10.11grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
10.12(6) (5) Anabolic steroids.
10.13, which, "Anabolic steroids," for purposes of this subdivision, means any drug
10.14or hormonal substance, chemically and pharmacologically related to testosterone,
10.15other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone, and
10.16includes: androstanediol; androstanedione; androstenediol; androstenedione; bolasterone;
10.17boldenone; calusterone; chlorotestosterone; chorionic gonadotropin; clostebol;
10.18dehydrochloromethyltestosterone; (triangle)1-dihydrotestosterone; 4-dihydrotestosterone;
10.19drostanolone; ethylestrenol; fluoxymesterone; formebolone; furazabol; human
10.20growth hormones; 13b-ethyl-17a-hydroxygon-4-en-3-one; 4-hydroxytestosterone;
10.214-hydroxy-19-nortestosterone; mestanolone; mesterolone; methandienone;
10.22methandranone; methandriol; methandrostenolone; methenolone; 17a-methyl-3b,
10.2317b-dihydroxy-5a-androstane; 17a-methyl-3a, 17b-dihydroxy-5a-androstane;
10.2417a-methyl-3b, 17b-dihydroxyandrost-4-ene; 17a-methyl-4-hydroxynandrolone;
10.25methyldienolone; methyltrienolone; methyltestosterone; mibolerone;
10.2617a-methyl-(triangle)1-dihydrotestosterone; nandrolone; nandrolone phenpropionate;
10.27norandrostenediol; norandrostenedione; norbolethone; norclostebol; norethandrolone;
10.28normethandrolone; oxandrolone; oxymesterone; oxymetholone; stanolone; stanozolol;
10.29stenbolone; testolactone; testosterone; testosterone propionate; tetrahydrogestrinone;
10.30trenbolone; and any salt, ester, or ether of a drug or substance described in this paragraph.
10.31(i) 3[beta], 17-dihydroxy-5a-androstane;
10.32(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane;
10.33(iii) 5[alpha]-androstan-3,17-dione;
10.34(iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
10.35(v) 1-androstenediol (3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
10.36(vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);
11.1(vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);
11.2(viii) 1-androstenedione ([5[alpha]]-androst-1-en-3,17-dione);
11.3(ix) 4-androstenedione (androst-4-en-3,17-dione);
11.4(x) 5-androstenedione (androst-5-en-3,17-dione);
11.5(xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
11.6(xii) boldenone (17[beta]-hydroxyandrost-1,4,-diene-3-one);
11.7(xiii) boldione (androsta-1,4-diene-3,17-dione);
11.8(xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
11.9(xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one);
11.10(xvi) dehydrochloromethyltestosterone
11.11(4-chloro-17[beta]-hydroxy-17[alpha]-methyl-androst-1,4-dien-3-one);
11.12(xvii) desoxymethyltestosterone
11.13(17[alpha]-methyl-5-[alpha]-androst-2-en-17[beta]-ol) (a.k.a., madol)
11.14(xviii) [Delta]1-dihydrotestosterone (a.k.a. '1-testosterone')
11.15(17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
11.16(xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one);
11.17(xx) drostanolone (17[beta]-hydroxy-2-[alpha]-methyl-5[alpha]-androstan-3-one);
11.18(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);
11.19(xxii) fluoxymesterone
11.20(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one);
11.21(xxiii) formebolone
11.22(2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);
11.23(xxiv) furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan);
11.24(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one;
11.25(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-androst-4-en-3-one);
11.26(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxy-estr-4-en-3-one);
11.27(xxviii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5-androstan-3-one);
11.28(xxix) mesterolone (1[alpha]methyl-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);
11.29(xxx) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one);
11.30(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene);
11.31(xxxii) methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
11.32(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-dihydroxy-5a-androstane;
11.33(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5a-androstane;
11.34(xxxv) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene;
11.35(xxxvi) 17[alpha]-methyl-4-hydroxyandrolone
11.36(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);
12.1(xxxvii) methyldienolone
12.2(17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one);
12.3(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9-
12.411-trien-3-one);
12.5(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one);
12.6(xl) mibolerone (17[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one);
12.7(xli) 17[alpha]-methyl-[Delta]1-dihydrotestosterone
12.8(17b[beta]-hydroxy-17[alpha]-methyl-5(alpha]-androst-1-en-3-one) (a.k.a.
12.9'17-[alpha]-methyl-1-testosterone');
12.10(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one);
12.11(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-dihydroxyestr-4-ene);
12.12(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-dihydroxyestr-4-ene);
12.13(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-dihydroxyestr-5-ene);
12.14(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-dihydroxyestr-5-ene);
12.15(xlvii) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
12.16(xlviii) 19-nor-4-androstenedione (estr-4-en-3,17-dione);
12.17(xlix) 19-nor-5-androstenedione (estr-5-en-3,17-dione);
12.18(l) norbolethone (13[beta], 17 [alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);
12.19(li) noclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one);
12.20(lii) norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one);
12.21(liii) normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one);
12.22(liv) oxandrolone
12.23(17[alpha]-methyl-17[beta]-hydroxy-2-oxa-[5[alpha]]-androstan-3-one);
12.24(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one);
12.25(lvi) oxymetholone
12.26(17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);
12.27(lvii) stanozolol
12.28(17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androst-2-eno[3,2-c]-pyrazole);
12.29(lviii) stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one);
12.30(lix) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid
12.31lactone);
12.32(lx) testosterone (17[beta]-hydroxyandrost-4-en-3-one);
12.33(lxi) tetrahydrogestrinone (13[beta],
12.3417[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one);
12.35(lxii) trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one);
12.36(lxiii) any salt, ester, or ether of a drug or substance described in this paragraph.
13.1 Anabolic steroids are not included if they are: (i) expressly intended for
13.2administration through implants to cattle or other nonhuman species; and(ii) approved by
13.3the United States Food and Drug Administration for that use. If any person prescribes,
13.4dispenses, or distributes such steroid for human use, the person shall be considered
13.5to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of
13.6this paragraph.
13.7(6) Human growth hormones.
13.8(7) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and
13.9encapsulated in a soft gelatin capsule in a United States Food and Drug Administration
13.10approved product.
13.11(8) Any material, compound, mixture, or preparation containing any of the following
13.12narcotic drugs or their salts: Buprenhorphine.
13.13 Subd. 5. Schedule IV.The following items are listed in Schedule IV: Barbital;
13.14Butorphanol; Chloral betaine; Chloral hydrate; Chlordiazepoxide; Clonazepam;
13.15Clorazepate; Diazepam; Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine;
13.16Flurazepam; Mebutamate; Methohexital; Meprobamate except when in combination
13.17with the following drugs in the following or lower concentrations: conjugated
13.18estrogens, 0.4 mg; tridihexethyl chloride, 25mg; pentaerythritol tetranitrate, 20 mg;
13.19Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline; Petrichloral; Phenobarbital;
13.20and Phentermine. (a) Narcotic drugs. Unless specifically excepted or unless listed in
13.21another schedule, any material, compound, mixture, or preparation containing any of the
13.22following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid,
13.23in limited quantities as follows:
13.24(1) Not more than one milligram of difenoxin and not less than 25 micrograms of
13.25atropine sulfate per dosage unit;
13.26(2) Dextropropoxyphene
13.27(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).
13.28(b) Depressants. Unless specifically excepted or unless listed in another schedule,
13.29any material, compound, mixture, or preparation which contains any quantity of the
13.30following substances, including its salts, isomers, and salts of isomers whenever the
13.31existence of such salts, isomers, and salts of isomers is possible within the specific
13.32chemical designation:
13.33(1) Alprazolam;
13.34(2) Barbital;
13.35(3) Bromazepam;
13.36(4) Camazepam;
14.1(5) Chloral betaine;
14.2(6) Chloral hydrate;
14.3(7) Chlordiazepoxide;
14.4(8) Clobazam;
14.5(9) Clonazepam;
14.6(10) Clorazepate;
14.7(11) Clotiazepam;
14.8(12) Cloxazolam;
14.9(13) Delorazepam;
14.10(14) Diazepam;
14.11(15) Dichloralphenazone;
14.12(16) Estazolam;
14.13(17) Ethchlorvynol;
14.14(18) Ethinamate;
14.15(19) Ethyl Loflazepate;
14.16(20) Fludiazepam;
14.17(21) Flurazepam;
14.18(22) Halazepam;
14.19(23) Haloxazolam;
14.20(24) Ketazolam;
14.21(25) Loprazolam;
14.22(26) Lorazepam;
14.23(27) Lormetazepam;
14.24(28) Mebutamate;
14.25(29) Medazepam;
14.26(30) Meprobamate;
14.27(31) Methohexital;
14.28(32) Methylphenobarbital;
14.29(33) Midazolam;
14.30(34) Nimetazepam;
14.31(35) Nitrazepam;
14.32(36) Nordiazepam;
14.33(37) Oxazepam;
14.34(38) Oxazolam;
14.35(39) Paraldehyde;
14.36(40) Petrichloral;
15.1(41) Phenobarbital;
15.2(42) Pinazepam;
15.3(43) Prazepam;
15.4(44) Quazepam;
15.5(45) Temazepam;
15.6(46) Tetrazepam;
15.7(47) Triazolam;
15.8(48) Zaleplon;
15.9(49) Zolpidem;
15.10(50) Zopiclone.
15.11(c) Fenfluramine. Any material, compound, mixture, or preparation which contains
15.12any quantity of fenfluramine, including its salts, isomers, (whether optical, positional, or
15.13geometric), and salts of such isomers, whenever the existence of such salts, isomers,
15.14and salts of isomers is possible.
15.15(d) Stimulants. Unless specifically excepted or unless listed in another schedule,
15.16any material, compound, mixture, or preparation which contains any quantity of the
15.17following substances having a stimulant effect on the central nervous system, including its
15.18salts, isomers, and salts of isomers:
15.19(1) Cathine ((+)-Norpseudoephedrine);
15.20(2) Diethylpropion;
15.21(3) Fencamfamine;
15.22(4) Fenproporex;
15.23(5) Mazindol;
15.24(6) Mefenorex;
15.25(7) Modafinil;
15.26(8) Pemoline ( including organometallic complexes and chelates thereof);
15.27(9) Phentermine;
15.28(10) Pipradrol;
15.29(11) Sibutramine;
15.30(12) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
15.31 Subd. 6. Schedule V; restrictions on methamphetamine precursor drugs. (a) As
15.32used in this subdivision, the following terms have the meanings given:
15.33(1) "methamphetamine precursor drug" means any compound, mixture, or
15.34preparation intended for human consumption containing ephedrine or pseudoephedrine as
15.35its sole active ingredient or as one of its active ingredients; and
16.1(2) "over-the-counter sale" means a retail sale of a drug or product but does not
16.2include the sale of a drug or product pursuant to the terms of a valid prescription.
16.3(b) The following items are listed in Schedule V:
16.4(1) any compound, mixture, or preparation containing any of the following limited
16.5quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
16.6ingredients in sufficient proportion to confer upon the compound, mixture or preparation
16.7valuable medicinal qualities other than those possessed by the narcotic drug alone:
16.8(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
16.9grams;
16.10(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
16.11grams;
16.12(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
16.13of atropine sulfate per dosage unit; or
16.14(iv) not more than15 milligrams of anhydrous morphine per 100 milliliters or per
16.15100 grams 100 milligrams of opium per 100 milliliters or per 100 grams; and
16.16(v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of
16.17atropine sulfate per dosage unit.
16.18(2) Stimulants. Unless specifically exempted or excluded or unless listed in another
16.19schedule, any material, compound, mixture, or preparation that contains any quantity of
16.20the following substance having a stimulant effect on the central nervous system, including
16.21its salts, isomers, and salts of isomers: Pyrovalerone.
16.22(3) Depressants. Unless specifically exempted or excluded or unless listed in another
16.23schedule, any material, compound, mixture, or preparation that contains any quantity
16.24of the following substance having a depressant effect on the central nervous systems,
16.25including its salts, isomers, and salts of isomers:
16.26(i) Pregabalin;
16.27(ii) Lacosamide ((R)-2-acetoamido-N-benzyl-3-methoxy-propionamide).
16.28(4) any compound, mixture, or preparation containing ephedrine or pseudoephedrine
16.29as its sole active ingredient or as one of its active ingredients.
16.30(c) No person may sell in a single over-the-counter sale more than two packages
16.31of a methamphetamine precursor drug or a combination of methamphetamine precursor
16.32drugs or any combination of packages exceeding a total weight of six grams, calculated as
16.33the base.
16.34(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
17.1(1) packages containing not more than a total of three grams of one or
17.2more methamphetamine precursor drugs, calculated in terms of ephedrine base or
17.3pseudoephedrine base; or
17.4(2) for nonliquid products, sales in blister packs, where each blister contains not
17.5more than two dosage units, or, if the use of blister packs is not technically feasible, sales
17.6in unit dose packets or pouches.
17.7(e) A business establishment that offers for sale methamphetamine precursor drugs
17.8in an over-the-counter sale shall ensure that all packages of the drugs are displayed
17.9behind a checkout counter where the public is not permitted and are offered for sale only
17.10by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The
17.11establishment shall ensure that the person making the sale requires the buyer:
17.12(1) to provide photographic identification showing the buyer's date of birth; and
17.13(2) to sign a written or electronic document detailing the date of the sale, the name
17.14of the buyer, and the amount of the drug sold.
17.15A document described under clause (2) must be retained by the establishment for
17.16at least three years and must at all reasonable times be open to the inspection of any
17.17law enforcement agency.
17.18Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
17.19purchase.
17.20(f) No person may acquire through over-the-counter sales more than six grams of
17.21methamphetamine precursor drugs, calculated as the base, within a 30-day period.
17.22(g) No person may sell in an over-the-counter sale a methamphetamine precursor
17.23drug to a person under the age of 18 years. It is an affirmative defense to a charge under
17.24this paragraph if the defendant proves by a preponderance of the evidence that the
17.25defendant reasonably and in good faith relied on proof of age as described in section
17.26340A.503, subdivision 6
.
17.27(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of
17.28a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
17.29payment of a fine of not more than $1,000, or both.
17.30(i) An owner, operator, supervisor, or manager of a business establishment that
17.31offers for sale methamphetamine precursor drugs whose employee or agent is convicted of
17.32or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal
17.33penalties for violating any of those paragraphs if the person:
17.34(1) did not have prior knowledge of, participate in, or direct the employee or agent to
17.35commit the violation; and
18.1(2) documents that an employee training program was in place to provide the
18.2employee or agent with information on the state and federal laws and regulations regarding
18.3methamphetamine precursor drugs.
18.4(j) Any person employed by a business establishment that offers for sale
18.5methamphetamine precursor drugs who sells such a drug to any person in a suspicious
18.6transaction shall report the transaction to the owner, supervisor, or manager of the
18.7establishment. The owner, supervisor, or manager may report the transaction to local law
18.8enforcement. A person who reports information under this subdivision in good faith is
18.9immune from civil liability relating to the report.
18.10(k) Paragraphs (b) to (j) do not apply to:
18.11(1) pediatric products labeled pursuant to federal regulation primarily intended for
18.12administration to children under 12 years of age according to label instructions;
18.13(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
18.14being manufactured in a manner that prevents the drug from being used to manufacture
18.15methamphetamine;
18.16(3) methamphetamine precursor drugs in gel capsule or liquid form; or
18.17(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
18.18constitutes less than one percent of its total weight and is not its sole active ingredient.
18.19(l) The Board of Pharmacy, in consultation with the Department of Public Safety,
18.20shall certify methamphetamine precursor drugs that meet the requirements of paragraph
18.21(k), clause (2), and publish an annual listing of these drugs.
18.22(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
18.23pursuant to sections151.42 to
151.51 and registered with and regulated by the United
18.24States Drug Enforcement Administration are exempt from the methamphetamine precursor
18.25drug storage requirements of this section.
18.26(n) This section preempts all local ordinances or regulations governing the sale
18.27by a business establishment of over-the-counter products containing ephedrine or
18.28pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.
18.29 Subd. 7. Board of Pharmacy; regulation of substances. The Board of Pharmacy
18.30is authorized to regulate and define additional substances which contain quantities of a
18.31substance possessing abuse potential in accordance with the following criteria:
18.32(1) The Board of Pharmacy shall place a substance in Schedule I if it finds that the
18.33substance has: A high potential for abuse, no currently accepted medical use in the United
18.34States, and a lack of accepted safety for use under medical supervision.
18.35(2) The Board of Pharmacy shall place a substance in Schedule II if it finds that the
18.36substance has: A high potential for abuse, currently accepted medical use in the United
19.1States, or currently accepted medical use with severe restrictions, and that abuse may lead
19.2to severe psychological or physical dependence.
19.3(3) The Board of Pharmacy shall place a substance in Schedule III if it finds that the
19.4substance has: A potential for abuse less than the substances listed in Schedules I and II,
19.5currently accepted medical use in treatment in the United States, and that abuse may lead
19.6to moderate or low physical dependence or high psychological dependence.
19.7(4) The Board of Pharmacy shall place a substance in Schedule IV if it finds that
19.8the substance has: A low potential for abuse relative to the substances in Schedule III,
19.9currently accepted medical use in treatment in the United States, and that abuse may lead
19.10to limited physical dependence or psychological dependence relative to the substances in
19.11Schedule III.
19.12(5) The Board of Pharmacy shall place a substance in Schedule V if it finds that the
19.13substance has: A low potential for abuse relative to the substances listed in Schedule IV,
19.14currently accepted medical use in treatment in the United States, and limited physical
19.15dependence and/or psychological dependence liability relative to the substances listed
19.16in Schedule IV.
19.17 Subd. 8. Add, delete, or reschedule substances. The state Board of Pharmacy
19.18may, by rule, add substances to or delete or reschedule substances listed in this section.
19.19The state Board of Pharmacy, after consulting with the Advisory Council on Controlled
19.20Substances, shall annually, on or before May 1 of each year, conduct a review of the
19.21placement of controlled substances in the various schedules. The Board of Pharmacy may
19.22not delete or reschedule a drug that is in Schedule I, except as provided in subdivision 12.
19.23In making a determination regarding a substance, the Board of Pharmacy shall
19.24consider the following: The actual or relative potential for abuse, the scientific evidence
19.25of its pharmacological effect, if known, the state of current scientific knowledge
19.26regarding the substance, the history and current pattern of abuse, the scope, duration,
19.27and significance of abuse, the risk to public health, the potential of the substance to
19.28produce psychic or physiological dependence liability, and whether the substance is an
19.29immediate precursor of a substance already controlled under this section. The state Board
19.30of Pharmacy may include any nonnarcotic drug authorized by federal law for medicinal
19.31use in a schedule only if such drug must, under either federal or state law or rule, be
19.32sold only on prescription.
19.33 Subd. 8a.Methamphetamine precursors Board of Pharmacy, expedited
19.34scheduling of additional substances.The State Board of Pharmacy may, by order, require
19.35that nonprescription ephedrine or pseudophedrine products sold in gel capsule or liquid
19.36form be subject to the sale restrictions established in subdivision 6 for methamphetamine
20.1precursor drugs, if the board concludes that ephedrine or pseudophedrine products in
20.2gel capsule or liquid form can be used to manufacture methamphetamine. In assessing
20.3the need for an order under this subdivision, the board shall consult at least annually
20.4with the advisory council on controlled substances, the commissioner of public safety,
20.5and the commissioner of health. The Board of Pharmacy may, by rule, add a substance
20.6to Schedule I when the board finds that the substance has a high potential for abuse, no
20.7currently accepted medical use in the United States, a lack of accepted safety for use under
20.8medical supervision, and known adverse health effects, and is currently available for use
20.9within the state. For the purposes of this subdivision only, the board may use the expedited
20.10rulemaking process under section 14.389.
20.11 Subd. 9. Except substances by rule. The state Board of Pharmacy may by rule
20.12except any compound, mixture, or preparation containing any stimulant or depressant
20.13substance listed in subdivision 4, clauses (1) and (2) or in subdivisions 5 and 6 from the
20.14application of all or any part of this chapter, if the compound, mixture, or preparation
20.15contains one or more active medicinal ingredients not having a stimulant or depressant
20.16effect on the central nervous system; provided, that such admixtures shall be included
20.17therein in such combinations, quantity, proportion, or concentration as to vitiate the
20.18potential for abuse of the substances which do have a stimulant or depressant effect on the
20.19central nervous system.
20.20 Subd. 10. Dextromethorphan. Dextromethorphan shall not be deemed to be
20.21included in any schedule by reason of the enactment of Laws 1971, chapter 937, unless
20.22controlled pursuant to the foregoing provisions of this section.
20.23 Subd. 12. Coordination of controlled substance regulation with federal law and
20.24state statute. If any substance is designated, rescheduled, or deleted as a controlled
20.25substance under federal law and notice thereof is given to the state Board of Pharmacy, the
20.26state Board of Pharmacy shall similarly control the substance under this chapter, after the
20.27expiration of 30 days from publication in the Federal Register of a final order designating
20.28a substance as a controlled substance or rescheduling or deleting a substance. Such order
20.29shall be filed with the secretary of state. If within that 30-day period, the state Board of
20.30Pharmacy objects to inclusion, rescheduling, or deletion, it shall publish the reasons for
20.31objection and afford all interested parties an opportunity to be heard. At the conclusion of
20.32the hearing, the state Board of Pharmacy shall publish its decision, which shall be subject
20.33to the provisions of chapter 14.
20.34In exercising the authority granted by this chapter, the state Board of Pharmacy shall
20.35be subject to the provisions of chapter 14.The state Board of Pharmacy shall provide
20.36copies of any proposed rule under this chapter to the advisory council on controlled
21.1substances at least 30 days prior to any hearing required by section
14.14, subdivision 1.
21.2The state Board of Pharmacy shall consider the recommendations of the advisory council
21.3on controlled substances, which may be made prior to or at the hearing.
21.4The state Board of Pharmacy shall annually submit a report to the legislature on or
21.5before December 1 that specifies what changes the board made to the controlled substance
21.6schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in
21.7the preceding 12 months. The report must include specific recommendations for amending
21.8the controlled substance schedules contained in subdivisions 2 to 6, so that they conform
21.9with the controlled substance schedules maintained by the board in Minnesota Rules,
21.10parts 6800.4210 to 6800.4250.
21.11Subd. 13. Implementation study. Annually, the state Board of Pharmacy shall study
21.12the implementation of this chapter in relation to the problems of drug abuse in Minnesota.
21.13 Sec. 3. Minnesota Statutes 2010, section 152.11, subdivision 1, is amended to read:
21.14 Subdivision 1.Written General prescription requirement requirements for
21.15Schedule II controlled substances. (a) A written prescription or an oral prescription
21.16reduced to writing, when issued for a controlled substance in Schedule II, III, IV, or V,
21.17is void unless (1) it is written in ink and contains the name and address of the person
21.18for whose use it is intended; (2) it states the amount of the controlled substance to be
21.19compounded or dispensed, with directions for its use; (3) if a written prescription, it
21.20contains the handwritten signature, address, and federal registry number of the prescriber
21.21and a designation of the branch of the healing art pursued by the prescriber; and if an oral
21.22prescription, the name and address of the prescriber and a designation of the prescriber's
21.23branch of the healing art; and (4) it shows the date when signed by the prescriber, or the
21.24date of acceptance in the pharmacy if an oral prescription.
21.25(b) An electronic prescription for a controlled substance in Schedule II, III, IV, or V
21.26is void unless it complies with the standards established pursuant to section 62J.497 and
21.27with those portions of Code of Federal Regulations, title 21, parts 1300, 1304, 1306, and
21.281311, that pertain to electronic prescriptions.
21.29(c) A prescription for a controlled substance in Schedule II, III, IV, or V that is
21.30transmitted by facsimile, either computer to facsimile machine or facsimile machine to
21.31facsimile machine, is void unless it complies with the applicable requirements of Code of
21.32Federal Regulations, title 21, part 1306.
21.33(d) Every licensed pharmacy that dispenses a controlled substance prescription shall
21.34retain the original prescription in a file for a period of not less than two years, open to
21.35inspection by any officer of the state, county, or municipal government, whose duty it is to
22.1aid and assist with the enforcement of this chapter. An original electronic or facsimile
22.2prescription may be stored in an electronic database, provided that the database provides a
22.3means by which original prescriptions can be retrieved, as transmitted to the pharmacy, for
22.4a period of not less than two years.
22.5(e) Every licensed pharmacy shall distinctly label the container in which a controlled
22.6substance is dispensed with the directions contained in the prescription for the use thereof.
22.7 Subd. 1a. Prescription requirements for Schedule II controlled substances. No
22.8person may dispense a controlled substance included in Schedule II of section152.02
22.9without a prescriptionwritten issued by a doctor of medicine, a doctor of osteopathy
22.10licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a
22.11doctor of podiatry, or a doctor of veterinary medicine, lawfully licensed to prescribe in this
22.12state or by a practitioner licensed to prescribe controlled substances by the state in which
22.13the prescription is issued, and having a current federal Drug Enforcement Administration
22.14registration number. The prescription must either be printed or written in ink and contain
22.15the handwritten signature of the prescriber or be transmitted electronically or by facsimile
22.16as permitted under subdivision 1. Provided that in emergency situations, as authorized
22.17by federal law, such drug may be dispensed upon oral prescription reduced promptly to
22.18writing and filed by the pharmacist.Such prescriptions shall be retained in conformity
22.19with section
152.101. No prescription for a Schedule II substance may be refilled.
22.20For the purposes of this chapter, a written prescription or oral prescription, which
22.21shall be reduced to writing, for a controlled substance in Schedule II, III, IV or V is void
22.22unless (1) it is written in ink and contains the name and address of the person for whose
22.23use it is intended; (2) it states the amount of the controlled substance to be compounded or
22.24dispensed, with directions for its use; (3) if a written prescription, it contains the signature,
22.25address and federal registry number of the prescriber and a designation of the branch of
22.26the healing art pursued by the prescriber; and if an oral prescription, the name and address
22.27of the prescriber and a designation of the prescriber's branch of the healing art; and (4) it
22.28shows the date when signed by the prescriber, or the date of acceptance in the pharmacy if
22.29an oral prescription. Every licensed pharmacist who compounds any such prescription
22.30shall retain such prescription in a file for a period of not less than two years, open to
22.31inspection by any officer of the state, county, or municipal government, whose duty it is to
22.32aid and assist with the enforcement of this chapter. Every such pharmacist shall distinctly
22.33label the container with the directions contained in the prescription for the use thereof.
22.34 Sec. 4. Minnesota Statutes 2010, section 152.11, subdivision 2, is amended to read:
23.1 Subd. 2.Written or oral Prescription requirement requirements for Schedule
23.2III or IV controlled substances. No person may dispense a controlled substance included
23.3in Schedule III or IV of section152.02 without a written or oral prescription from issued,
23.4as permitted under subdivision 1, by a doctor of medicine, a doctor of osteopathy licensed
23.5to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a doctor of
23.6podiatry, a doctor of optometry limited to Schedule IV, or a doctor of veterinary medicine,
23.7lawfully licensed to prescribe in this state or from a practitioner licensed to prescribe
23.8controlled substances by the state in which the prescription is issued, and having a current
23.9federal drug enforcement administration registration number. Such prescription may not
23.10be dispensed or refilled except with thewritten or verbal documented consent of the
23.11prescriber, and in no event more than six months after the date on which such prescription
23.12was issued and no such prescription may be refilled more than five times.
23.13 Sec. 5. Minnesota Statutes 2010, section 152.11, subdivision 2d, is amended to read:
23.14 Subd. 2d. Identification requirement forSchedule II or III controlled substance.
23.15(a) No person may dispense a controlled substance included in Schedule II or III without
23.16requiring the person purchasing the controlled substance, who need not be the person for
23.17whom the controlled substance prescription is written, to present valid photographic
23.18identification, unless the person purchasing the controlled substance, or if applicable the
23.19person for whom the controlled substance prescription is written, is known to the dispenser.
23.20(b) This subdivision applies only to purchases of controlled substances that are
23.21not covered, in whole or in part, by a health plan company or other third-party payor.
23.22The Board of Pharmacy shall report to the legislature by July 1, 2009, on the effect of
23.23this subdivision. The board shall include in the report the incidence of complaints, if any,
23.24generated by the requirements of this subdivision and whether this subdivision is creating
23.25barriers to pharmaceutical access.
23.26 Sec. 6. Minnesota Statutes 2010, section 152.11, subdivision 3, is amended to read:
23.27 Subd. 3. Dispensing orphan drugs. For the purpose ofsubdivisions 1 and 2 this
23.28section, nothing shall prohibit the dispensing of orphan drugs prescribed by a person
23.29practicing in and licensed by another state as a physician, dentist, veterinarian, or
23.30podiatrist; who has a current federal drug enforcement administration registration number;
23.31and who may legally prescribe Schedule II, III, IV, or V controlled substances in that state.
1.3federal controlled substance schedules; modifying the authority of the Board of
1.4Pharmacy to regulate controlled substances; allowing the electronic prescribing
1.5of controlled substances;amending Minnesota Statutes 2010, sections 152.01, by
1.6adding a subdivision; 152.02; 152.11, subdivisions 1, 2, 2d, 3.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 152.01, is amended by adding a
1.9subdivision to read:
1.10 Subd. 23. Analogue. (a) Except as provided in paragraph (b), "analogue" means a
1.11substance, the chemical structure of which is substantially similar to the chemical structure
1.12of a controlled substance in Schedule I or II:
1.13(1) that has a stimulant, depressant, or hallucinogenic effect on the central nervous
1.14system that is substantially similar to or greater than the stimulant, depressant, or
1.15hallucinogenic effect on the central nervous system of a controlled substance in Schedule
1.16I or II; or
1.17(2) with respect to a particular person, if the person represents or intends that the
1.18substance have a stimulant, depressant, or hallucinogenic effect on the central nervous
1.19system that is substantially similar to or greater than the stimulant, depressant, or
1.20hallucinogenic effect on the central nervous system of a controlled substance in Schedule I
1.21or II.
1.22(b) "Analogue" does not include:
1.23(1) a controlled substance;
1.24(2) any substance for which there is an approved new drug application under the
1.25federal Food, Drug, and Cosmetic Act; or
2.1(3) with respect to a particular person, any substance, if an exemption is in effect for
2.2investigational use, for that person, as provided by United States Code, title 21, section
2.3355, and the person is registered as a controlled substance researcher as required under
2.4section 152.12, subdivision 3, to the extent conduct with respect to the substance is
2.5pursuant to the exemption and registration.
2.6 Sec. 2. Minnesota Statutes 2010, section 152.02, is amended to read:
2.7152.02 SCHEDULES OF CONTROLLED SUBSTANCES;
2.8ADMINISTRATION OF CHAPTER.
2.9 Subdivision 1. Five schedules. There are established five schedules of controlled
2.10substances, to be known as Schedules I, II, III, IV, and V. Such schedules shall initially
2.11consist of the substances listed in this section by whatever official name, common or usual
2.12name, chemical name, or trade name designated.
2.13 Subd. 2. Schedule I.
2.14shall consist of the drugs and other substances, by whatever official name, common or
2.15usual name, chemical name, or brand name designated, listed in this subdivision.
2.16
2.17specifically excepted or unless listed in another schedule any of the following
2.18opiates and their analogues (including homologues), isomers (whether optical,
2.19positional, or geometric), esters, ethers, salts, and salts of isomers, esters, and
2.20ethers,
2.21analogues, isomers, esters, ethers and salts is possible
2.22
2.23levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol,
2.24levomethadyl acetate, or LAAM); Alphameprodine; Alphamethadol;
2.25Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
2.26propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine;
2.27Benzethidine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine;
2.28Clonitazene; Dextromoramide;
2.29Difenoixin; Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl
2.30butyrate; Dipipanone; Ethylmethylthiambutene; Etonitazene; Etoxeridine;
2.31Furethidine; Hydroxypethidine; Ketobemidone; Levomoramide;
2.32Levophenacylmorphan; Methyl substituted isomers of Fentanyl; 3-Methylfentanyl,
2.33(N-[3-Methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);
2.34Acetyl-alpha-methylfentanyl,
3.1(N-[1-(1-methyl-2-phenylethyl)-4-piperidinyl]-N-phenylacetamide);
3.2Alpha-methylthiofentanyl,(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl-N-
3.3phenylpropanamide); Benzylfentanyl, (N-[1-benzyl-4-piperidyl]-N-phenylpropanamide);
3.4Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenylethyl-4-piperidinyl]-N-
3.5phenylpropanamide); Beta-hydroxy-3-methylfentanyl,
3.6(N-[1-(2-hydroxy-2-phenylethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
3.73-methylthiofentanyl,
3.8(N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
3.9Thenylfentanyl, (N-[1-(2-thienyl)Methyl-4-piperidyl]-N-phenylpropanamide);
3.10Thiofentanyl, (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);
3.11para-fluorofentanyl,(N-[1-(2-phenylethyl)-4-piperidyl]-N-(4-fluorophenyl)-propanamide);
3.12Morpheridine; MPPP; 1-Methyl-4-phenyl-4-Propionoxypiperidine;
3.13Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; PEPAP,
3.14(1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine); Phenadoxone; Phenampromide;
3.15Phenomorphan; Phenoperidine; Piritramide; Proheptazine; Properidine;
3.16 Propiram; Racemoramide; Tilidine; Trimeperidine.
3.17
3.18homologues), salts, isomers and salts of isomers, unless specifically excepted or unless
3.19listed in another schedule, whenever the existence of such analogues, salts, isomers
3.20and salts of isomers is possible
3.21Acetyldihydrocodeine;
3.22Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Drotebanol;
3.23Etorphine (except hydrochloride salt); Heroin; Hydromorphinol; Methyldesorphine;
3.24
3.25methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine;
3.26Normorphine; Pholcodine; Thebacon.
3.27
3.28quantity of the following hallucinogenic substances, their analogues (including
3.29homologues), salts, isomers (whether optical, positional, or geometric) and salts of
3.30isomers, unless specifically excepted or unless listed in another schedule, whenever
3.31the existence of such analogues, salts, isomers, and salts of isomers is possible
3.32
3.333,4-methylenedioxymethamphetamine; 3,4-Methylenedioxy-N-ethylamphetamine;
3.34N-hydroxy-3, 4-Methylenedioxy-amphetamine; 4-bromo-2,5-dimethoxyamphetamine;
3.352,5-dimethoxyamphetamine; 4-methoxyamphetamine; 5-methoxy-3,
3.364-methylenedioxy amphetamine; Alpha-Ethyltryptamine; Bufotenine;
4.1Diethyltryptamine; Dimethyltryptamine; 3,4,5-trimethoxy amphetamine; 4-methyl-2,
4.25-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; marijuana;
4.3Mescaline; Parahexyl; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl benzilate;
4.4Psilocybin; Psilocyn; Tetrahydrocannabinols
4.5naturally contained in a plant of the genus Cannabis (cannabis plant); synthetic
4.6equivalents of the substances contained in the cannabis plant or in the resinous
4.7extractives of the cannabis plant; synthetic substances, derivatives, and their
4.8isomers with similar chemical structure and pharmacological activity to those
4.9substances contained in the cannabis plant; Thiophene analogue of phencyclidine
4.10(1-2[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienyl analogue of phencyclidine, TPCP,
4.11TCP; ethylamine analogue of phencyclidine; (n-ethyl-1-phenyl-cyclohexylamine);
4.12(1-phenylcyclohexyl)ethylamine, N-(1-phenylcyclohexyl)ethylamine, cyclohexamine,
4.13PCE; pyrrolidine analogue of phencyclidine (1-(1-phenylcyclohexyl)
4.14pyrrolidine); 2-thienyl Pyrrolidine analogue of phencyclidine
4.15(1-[1-(2-thienyl)cyclohexyl]-pyrrolidine); 4-Bromo-2,5-dimethoxyphenethylamine,
4.16also known as 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane, alpha-desmethyl
4.17DOB, 2C-B, or Nexus; 2,5-dimethoxy-4-ethylamphetamine, also known as DOET;
4.182,5-dimethoxy-4-(n)-proprylthiophenethylamine, also known as 2C-T-7; Alpha-
4.19methyltryptamine, also known as AMT; 5-methoxy-N,N-diisopropyltryptamine,
4.20also known as 5-MeO-DIPT; 2,5-dimethoxy-4-ethylphenethylamine,
4.21also known as 2C-E; 2,5-dimethoxy-4-iodophenethylamine, also known
4.22as 2C-I; 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
4.234-chloro-2,5-dimethoxyphenethylamine (2C-C); 4-propyl-2,5-dimethoxyphenethylamine
4.24(2C-P); 4-chloro-2,5-dimethoxyamphetamine (DOC); 4-iodo-2,5-dimethoxyamphetamine
4.25(DOI); 5-methoxy-α-methyltryptamine (5-MeO-AMT); N,N-diisopropyltryptamine
4.26(DiPT); 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT); 2,5-dimethoxyamphetamine
4.27(2,5-DMA).
4.28
4.29Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract
4.30from any part of such plant, and every compound, manufacture, salts, derivative, mixture,
4.31or preparation of such plant, its seeds or extracts, providing the listing of peyote as a
4.32controlled substance in Schedule I does not apply to the nondrug use of peyote in bona
4.33fide religious ceremonies of the American Indian Church, and members of the American
4.34Indian Church are exempt from registration. Any person who manufactures peyote for or
4.35distributes peyote to the American Indian Church, however, is required to obtain federal
4.36registration annually and to comply with all other requirements of law.
5.1
5.2material compound, mixture, or preparation which contains any quantity of the following
5.3substances having a depressant effect on the central nervous system,
5.4analogues (including homologues), salts, isomers, and salts of isomers whenever the
5.5existence of such analogues, salts, isomers, and salts of isomers is possible within the
5.6specific chemical designation:
5.7Mecloqualone; Methaqualone; Gamma-hydroxybutyric acid, including its esters and
5.8ethers (some other names include GHB, gamma-hydroxybutyrate, 4-hydroxybutanoic
5.9acid, sodium oxybate, sodium oxybutyrate);
5.10Flunitrazepam.
5.11
5.12material compound, mixture, or preparation which contains any quantity of the following
5.13substances having a stimulant effect on the central nervous system,
5.14analogues (including homologues), salts, isomers, and salts of isomers whenever the
5.15existence of such analogues, salts, isomers, and salts of isomers is possible within the
5.16specific chemical designation:
5.17Aminorex, also known as Aminoxaphen, 2-Amino-5-phenyl-2-oxazoline,
5.18or 4,5-Dihydro-5-phenyl-2-oxazolamine; Cathinone also known as
5.192-Amino-1-phenyl-1-propanone, alpha-Aminopropiophenone, 2-Aminopropiophenone
5.20or Norephedrone; Fenethylline;
5.21Methcathinone, also known as 2-(Methylamino)-Propiophenone,
5.22alpha-(Methylamino)-propiophenone, 2-(Methylamino)-1-Phenylpropan-1-one,
5.23alpha-N-Methylaminopropiophenone, monomethylpropion, ephedrone,
5.24N-Methylcathinone or Methylcathinone; (±) cis-4-Methylaminorex, also known
5.25as (±) cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine; N-ethylamphetamine;
5.26N,N-dimethylamphetamine, also known as N,N-alpha-trimethyl-benzene-ethanamine
5.27or N,N-alpha-trimethylphenethylamine; N-benzylpioperazine, also known as BZP,
5.281-benzylpiperazine; methylenedioxypyrovalerone (MDPV); 4-methylmethcathinone;
5.293,4-Methylenedioxypyrovalerone.
5.30(h) A controlled substance analogue, to the extent that it is implicitly or explicitly
5.31intended for human consumption, shall be treated, for the purposes of this chapter, as a
5.32controlled substance in Schedule I.
5.33 Subd. 3. Schedule II. The following items are listed in Schedule II:
5.34
5.35the following substances whether produced directly or indirectly by extraction from
6.1substances of vegetable origin or independently by means of chemical synthesis, or by a
6.2combination of extraction and chemical synthesis:
6.3
6.4of opium or opiate,
6.5
6.6
6.7
6.8dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone, and their respective
6.9salts, but including the following: Raw opium; Opium extracts; Opium fluid; Powdered
6.10opium, Granulated opium, Tincture of opium, Codeine, Dihydroetorphine, Ethylmorphine,
6.11Etorphine hydrochloride, Hydrocodone, Hydromorphone, Metopon, Morphine,
6.12Oxycodone, Oxymorphone, Thebaine, Oripavine.
6.13
6.14equivalent or identical with any of the substances referred to in clause (a), except that
6.15these substances shall not include the isoquinoline alkaloids of opium.
6.16
6.17
6.18of coca leaves,
6.19
6.20isomers and derivatives), and any salt, compound, derivative, or preparation thereof that is
6.21chemically equivalent or identical with any of these substances, except that the substances
6.22shall not include decocainized coca leaves or extraction of coca leaves, which extractions
6.23do not contain cocaine or ecgonine, and the salts of their isomers.
6.24
6.25
6.26
6.27
6.28crude extract of poppy straw in either liquid, solid, or powder form which contains the
6.29phenanthrene alkaloids of the opium poppy).
6.30
6.31salts, and salts of isomers, esters and ethers, unless specifically excepted, or unless
6.32listed in another schedule, whenever the existence of such isomers, esters, ethers and
6.33salts is possible within the specific chemical designation: Alfentanil; Alphaprodine;
6.34Anileridine; Bezitramide; Bulk Dextropropoxyphene (nondosage forms); Carfentanil;
6.35Dihydrocodeine; Dihydromorphinone; Diphenoxylate; Fentanyl; Isomethadone;
6.36Levo-alpha-acetylmethadol (LAAM); Levomethorphan; Levorphanol; Metazocine;
7.1Methadone; Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
7.2Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
7.3Pethidine; Pethidine - Intermediate - A, 4-cyano-1-methyl-4-phenylpiperidine; Pethidine
7.4- Intermediate - B, ethyl-4-phenylpiperidine-4-carboxylate; Pethidine - Intermediate
7.5- C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; Phenazocine; Piminodine;
7.6Racemethorphan; Racemorphan; Remifentanil; Sufentanil; Tapentadol.
7.7
7.8material, compound, mixture, or preparation which contains any quantity of the following
7.9substances having a stimulant effect on the central nervous system:
7.10
7.11
7.12
7.13
7.14(5) Lisdexamfetamine.
7.15
7.16material, compound, mixture, or preparation which contains any quantity of the following
7.17substances having a depressant effect on the central nervous system, including its salts,
7.18isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
7.19isomers is possible within the specific chemical designation:
7.20
7.21
7.22(2) Glutethimide
7.23
7.24
7.25
7.26
7.27(i) 1-phenylcyclohexylamine
7.28(ii) 1-piperidinocyclohexanecarbonitrile
7.29(7) Immediate precursors to amphetamine and methamphetamine: phenylacetone.
7.30(e) Hallucinogenic substances. Nabilone [another name for Nabilone:
7.31(±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-
7.32dibenzo [b,d] pyran-9-one].
7.33 Subd. 4. Schedule III. (a) The following items are listed in Schedule III:
7.34(1)
7.35
7.36Unless specifically excepted or unless listed in another schedule, any material, compound,
8.1mixture, or preparation which contains any quantity of the following substances having
8.2a potential for abuse associated with a stimulant effect on the central nervous system,
8.3including its salts, isomers (whether optical, positional, or geometric), and salts of such
8.4isomers whenever the existence of such salts, isomers, and salts of isomers is possible
8.5within the specific chemical designation:
8.6(i) Phenmetrazine and its salts;
8.7
8.8
8.9
8.10
8.11(ii) Benzphetamine;
8.12(iii) Chlorphentermine;
8.13(iv) Clortermine;
8.14(v) Phendimetrazine.
8.15(2) Depressants. Unless specifically excepted or unless listed in another schedule,
8.16any material, compound, mixture, or preparation which contains any quantity of the
8.17following substances having a potential for abuse associated with a depressant effect on
8.18the central nervous system:
8.19
8.20pentobarbital or any salt thereof and one or more other active medicinal ingredients which
8.21are not listed in any schedule
8.22
8.23pentobarbital, or any salt of any of these drugs and approved by the food and drug
8.24administration for marketing only as a suppository
8.25
8.26or any salt of a derivative of barbituric acid, except those substances which are specifically
8.27listed in other schedules
8.28(iv) Chlorhexadol;
8.29(v) Any drug product containing gamma hydroxybutyric acid, including its salts,
8.30isomers, and salts of isomers, for which an application is approved under section 505 of
8.31the federal Food, Drug, and Cosmetic Act;
8.32(vi) Ketamine, its salts, isomers and salts of isomers;
8.33(vii) Lysergic acid;
8.34(viii) Lysergic acid amide;
8.35(ix) Methyprylon;
8.36(x) Sulfondiethylmethane;
9.1(xi) Sulfonethylmethane;
9.2(xii) Sulfonmethane
9.3(xiii) Tiletamine and zolazepam and any salt thereof;
9.4(xiv) Embutramide.
9.5
9.6
9.7
9.8
9.9
9.10
9.11
9.12
9.13
9.14
9.15
9.16
9.17
9.18
9.19
9.20specifically excepted or unless listed in another schedule, any material, compound,
9.21mixture, or preparation containing any of the following narcotic drugs, or their salts
9.22calculated as the free anhydrous base or alkaloid, in limited quantities as follows:
9.23
9.24milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid
9.25of opium
9.26
9.27milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized
9.28therapeutic amounts
9.29
9.30not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an
9.31isoquinoline alkaloid of opium
9.32
9.33more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients
9.34in recognized therapeutic amounts
10.1
10.2than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
10.3recognized therapeutic amounts
10.4
10.5more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients
10.6in recognized therapeutic amounts
10.7
10.8or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic
10.9ingredients in recognized therapeutic amounts
10.10
10.11grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
10.12
10.13
10.14or hormonal substance, chemically and pharmacologically related to testosterone,
10.15other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone, and
10.16includes:
10.17
10.18
10.19
10.20
10.21
10.22
10.23
10.24
10.25
10.26
10.27
10.28
10.29
10.30
10.31(i) 3[beta], 17-dihydroxy-5a-androstane;
10.32(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane;
10.33(iii) 5[alpha]-androstan-3,17-dione;
10.34(iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
10.35(v) 1-androstenediol (3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
10.36(vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);
11.1(vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);
11.2(viii) 1-androstenedione ([5[alpha]]-androst-1-en-3,17-dione);
11.3(ix) 4-androstenedione (androst-4-en-3,17-dione);
11.4(x) 5-androstenedione (androst-5-en-3,17-dione);
11.5(xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
11.6(xii) boldenone (17[beta]-hydroxyandrost-1,4,-diene-3-one);
11.7(xiii) boldione (androsta-1,4-diene-3,17-dione);
11.8(xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
11.9(xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one);
11.10(xvi) dehydrochloromethyltestosterone
11.11(4-chloro-17[beta]-hydroxy-17[alpha]-methyl-androst-1,4-dien-3-one);
11.12(xvii) desoxymethyltestosterone
11.13(17[alpha]-methyl-5-[alpha]-androst-2-en-17[beta]-ol) (a.k.a., madol)
11.14(xviii) [Delta]1-dihydrotestosterone (a.k.a. '1-testosterone')
11.15(17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
11.16(xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one);
11.17(xx) drostanolone (17[beta]-hydroxy-2-[alpha]-methyl-5[alpha]-androstan-3-one);
11.18(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);
11.19(xxii) fluoxymesterone
11.20(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one);
11.21(xxiii) formebolone
11.22(2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);
11.23(xxiv) furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan);
11.24(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one;
11.25(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-androst-4-en-3-one);
11.26(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxy-estr-4-en-3-one);
11.27(xxviii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5-androstan-3-one);
11.28(xxix) mesterolone (1[alpha]methyl-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);
11.29(xxx) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one);
11.30(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene);
11.31(xxxii) methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
11.32(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-dihydroxy-5a-androstane;
11.33(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5a-androstane;
11.34(xxxv) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene;
11.35(xxxvi) 17[alpha]-methyl-4-hydroxyandrolone
11.36(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);
12.1(xxxvii) methyldienolone
12.2(17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one);
12.3(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9-
12.411-trien-3-one);
12.5(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one);
12.6(xl) mibolerone (17[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one);
12.7(xli) 17[alpha]-methyl-[Delta]1-dihydrotestosterone
12.8(17b[beta]-hydroxy-17[alpha]-methyl-5(alpha]-androst-1-en-3-one) (a.k.a.
12.9'17-[alpha]-methyl-1-testosterone');
12.10(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one);
12.11(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-dihydroxyestr-4-ene);
12.12(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-dihydroxyestr-4-ene);
12.13(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-dihydroxyestr-5-ene);
12.14(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-dihydroxyestr-5-ene);
12.15(xlvii) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
12.16(xlviii) 19-nor-4-androstenedione (estr-4-en-3,17-dione);
12.17(xlix) 19-nor-5-androstenedione (estr-5-en-3,17-dione);
12.18(l) norbolethone (13[beta], 17 [alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);
12.19(li) noclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one);
12.20(lii) norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one);
12.21(liii) normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one);
12.22(liv) oxandrolone
12.23(17[alpha]-methyl-17[beta]-hydroxy-2-oxa-[5[alpha]]-androstan-3-one);
12.24(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one);
12.25(lvi) oxymetholone
12.26(17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);
12.27(lvii) stanozolol
12.28(17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androst-2-eno[3,2-c]-pyrazole);
12.29(lviii) stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one);
12.30(lix) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid
12.31lactone);
12.32(lx) testosterone (17[beta]-hydroxyandrost-4-en-3-one);
12.33(lxi) tetrahydrogestrinone (13[beta],
12.3417[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one);
12.35(lxii) trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one);
12.36(lxiii) any salt, ester, or ether of a drug or substance described in this paragraph.
13.1 Anabolic steroids are not included if they are
13.2administration through implants to cattle or other nonhuman species; and
13.3the United States Food and Drug Administration for that use. If any person prescribes,
13.4dispenses, or distributes such steroid for human use, the person shall be considered
13.5to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of
13.6this paragraph.
13.7(6) Human growth hormones.
13.8(7) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and
13.9encapsulated in a soft gelatin capsule in a United States Food and Drug Administration
13.10approved product.
13.11(8) Any material, compound, mixture, or preparation containing any of the following
13.12narcotic drugs or their salts: Buprenhorphine.
13.13 Subd. 5. Schedule IV.
13.14
13.15
13.16
13.17
13.18
13.19
13.20
13.21another schedule, any material, compound, mixture, or preparation containing any of the
13.22following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid,
13.23in limited quantities as follows:
13.24(1) Not more than one milligram of difenoxin and not less than 25 micrograms of
13.25atropine sulfate per dosage unit;
13.26(2) Dextropropoxyphene
13.27(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).
13.28(b) Depressants. Unless specifically excepted or unless listed in another schedule,
13.29any material, compound, mixture, or preparation which contains any quantity of the
13.30following substances, including its salts, isomers, and salts of isomers whenever the
13.31existence of such salts, isomers, and salts of isomers is possible within the specific
13.32chemical designation:
13.33(1) Alprazolam;
13.34(2) Barbital;
13.35(3) Bromazepam;
13.36(4) Camazepam;
14.1(5) Chloral betaine;
14.2(6) Chloral hydrate;
14.3(7) Chlordiazepoxide;
14.4(8) Clobazam;
14.5(9) Clonazepam;
14.6(10) Clorazepate;
14.7(11) Clotiazepam;
14.8(12) Cloxazolam;
14.9(13) Delorazepam;
14.10(14) Diazepam;
14.11(15) Dichloralphenazone;
14.12(16) Estazolam;
14.13(17) Ethchlorvynol;
14.14(18) Ethinamate;
14.15(19) Ethyl Loflazepate;
14.16(20) Fludiazepam;
14.17(21) Flurazepam;
14.18(22) Halazepam;
14.19(23) Haloxazolam;
14.20(24) Ketazolam;
14.21(25) Loprazolam;
14.22(26) Lorazepam;
14.23(27) Lormetazepam;
14.24(28) Mebutamate;
14.25(29) Medazepam;
14.26(30) Meprobamate;
14.27(31) Methohexital;
14.28(32) Methylphenobarbital;
14.29(33) Midazolam;
14.30(34) Nimetazepam;
14.31(35) Nitrazepam;
14.32(36) Nordiazepam;
14.33(37) Oxazepam;
14.34(38) Oxazolam;
14.35(39) Paraldehyde;
14.36(40) Petrichloral;
15.1(41) Phenobarbital;
15.2(42) Pinazepam;
15.3(43) Prazepam;
15.4(44) Quazepam;
15.5(45) Temazepam;
15.6(46) Tetrazepam;
15.7(47) Triazolam;
15.8(48) Zaleplon;
15.9(49) Zolpidem;
15.10(50) Zopiclone.
15.11(c) Fenfluramine. Any material, compound, mixture, or preparation which contains
15.12any quantity of fenfluramine, including its salts, isomers, (whether optical, positional, or
15.13geometric), and salts of such isomers, whenever the existence of such salts, isomers,
15.14and salts of isomers is possible.
15.15(d) Stimulants. Unless specifically excepted or unless listed in another schedule,
15.16any material, compound, mixture, or preparation which contains any quantity of the
15.17following substances having a stimulant effect on the central nervous system, including its
15.18salts, isomers, and salts of isomers:
15.19(1) Cathine ((+)-Norpseudoephedrine);
15.20(2) Diethylpropion;
15.21(3) Fencamfamine;
15.22(4) Fenproporex;
15.23(5) Mazindol;
15.24(6) Mefenorex;
15.25(7) Modafinil;
15.26(8) Pemoline ( including organometallic complexes and chelates thereof);
15.27(9) Phentermine;
15.28(10) Pipradrol;
15.29(11) Sibutramine;
15.30(12) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
15.31 Subd. 6. Schedule V; restrictions on methamphetamine precursor drugs. (a) As
15.32used in this subdivision, the following terms have the meanings given:
15.33(1) "methamphetamine precursor drug" means any compound, mixture, or
15.34preparation intended for human consumption containing ephedrine or pseudoephedrine as
15.35its sole active ingredient or as one of its active ingredients; and
16.1(2) "over-the-counter sale" means a retail sale of a drug or product but does not
16.2include the sale of a drug or product pursuant to the terms of a valid prescription.
16.3(b) The following items are listed in Schedule V:
16.4(1) any compound, mixture, or preparation containing any of the following limited
16.5quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
16.6ingredients in sufficient proportion to confer upon the compound, mixture or preparation
16.7valuable medicinal qualities other than those possessed by the narcotic drug alone:
16.8(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
16.9grams;
16.10(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
16.11grams;
16.12(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
16.13of atropine sulfate per dosage unit; or
16.14(iv) not more than
16.15
16.16(v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of
16.17atropine sulfate per dosage unit.
16.18(2) Stimulants. Unless specifically exempted or excluded or unless listed in another
16.19schedule, any material, compound, mixture, or preparation that contains any quantity of
16.20the following substance having a stimulant effect on the central nervous system, including
16.21its salts, isomers, and salts of isomers: Pyrovalerone.
16.22(3) Depressants. Unless specifically exempted or excluded or unless listed in another
16.23schedule, any material, compound, mixture, or preparation that contains any quantity
16.24of the following substance having a depressant effect on the central nervous systems,
16.25including its salts, isomers, and salts of isomers:
16.26(i) Pregabalin;
16.27(ii) Lacosamide ((R)-2-acetoamido-N-benzyl-3-methoxy-propionamide).
16.28(4) any compound, mixture, or preparation containing ephedrine or pseudoephedrine
16.29as its sole active ingredient or as one of its active ingredients.
16.30(c) No person may sell in a single over-the-counter sale more than two packages
16.31of a methamphetamine precursor drug or a combination of methamphetamine precursor
16.32drugs or any combination of packages exceeding a total weight of six grams, calculated as
16.33the base.
16.34(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
17.1(1) packages containing not more than a total of three grams of one or
17.2more methamphetamine precursor drugs, calculated in terms of ephedrine base or
17.3pseudoephedrine base; or
17.4(2) for nonliquid products, sales in blister packs, where each blister contains not
17.5more than two dosage units, or, if the use of blister packs is not technically feasible, sales
17.6in unit dose packets or pouches.
17.7(e) A business establishment that offers for sale methamphetamine precursor drugs
17.8in an over-the-counter sale shall ensure that all packages of the drugs are displayed
17.9behind a checkout counter where the public is not permitted and are offered for sale only
17.10by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The
17.11establishment shall ensure that the person making the sale requires the buyer:
17.12(1) to provide photographic identification showing the buyer's date of birth; and
17.13(2) to sign a written or electronic document detailing the date of the sale, the name
17.14of the buyer, and the amount of the drug sold.
17.15A document described under clause (2) must be retained by the establishment for
17.16at least three years and must at all reasonable times be open to the inspection of any
17.17law enforcement agency.
17.18Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
17.19purchase.
17.20(f) No person may acquire through over-the-counter sales more than six grams of
17.21methamphetamine precursor drugs, calculated as the base, within a 30-day period.
17.22(g) No person may sell in an over-the-counter sale a methamphetamine precursor
17.23drug to a person under the age of 18 years. It is an affirmative defense to a charge under
17.24this paragraph if the defendant proves by a preponderance of the evidence that the
17.25defendant reasonably and in good faith relied on proof of age as described in section
17.27(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of
17.28a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
17.29payment of a fine of not more than $1,000, or both.
17.30(i) An owner, operator, supervisor, or manager of a business establishment that
17.31offers for sale methamphetamine precursor drugs whose employee or agent is convicted of
17.32or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal
17.33penalties for violating any of those paragraphs if the person:
17.34(1) did not have prior knowledge of, participate in, or direct the employee or agent to
17.35commit the violation; and
18.1(2) documents that an employee training program was in place to provide the
18.2employee or agent with information on the state and federal laws and regulations regarding
18.3methamphetamine precursor drugs.
18.4(j) Any person employed by a business establishment that offers for sale
18.5methamphetamine precursor drugs who sells such a drug to any person in a suspicious
18.6transaction shall report the transaction to the owner, supervisor, or manager of the
18.7establishment. The owner, supervisor, or manager may report the transaction to local law
18.8enforcement. A person who reports information under this subdivision in good faith is
18.9immune from civil liability relating to the report.
18.10(k) Paragraphs (b) to (j) do not apply to:
18.11(1) pediatric products labeled pursuant to federal regulation primarily intended for
18.12administration to children under 12 years of age according to label instructions;
18.13(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
18.14being manufactured in a manner that prevents the drug from being used to manufacture
18.15methamphetamine;
18.16(3) methamphetamine precursor drugs in gel capsule or liquid form; or
18.17(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
18.18constitutes less than one percent of its total weight and is not its sole active ingredient.
18.19(l) The Board of Pharmacy, in consultation with the Department of Public Safety,
18.20shall certify methamphetamine precursor drugs that meet the requirements of paragraph
18.21(k), clause (2), and publish an annual listing of these drugs.
18.22(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
18.23pursuant to sections
18.24States Drug Enforcement Administration are exempt from the methamphetamine precursor
18.25drug storage requirements of this section.
18.26(n) This section preempts all local ordinances or regulations governing the sale
18.27by a business establishment of over-the-counter products containing ephedrine or
18.28pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.
18.29 Subd. 7. Board of Pharmacy; regulation of substances. The Board of Pharmacy
18.30is authorized to regulate and define additional substances which contain quantities of a
18.31substance possessing abuse potential in accordance with the following criteria:
18.32(1) The Board of Pharmacy shall place a substance in Schedule I if it finds that the
18.33substance has: A high potential for abuse, no currently accepted medical use in the United
18.34States, and a lack of accepted safety for use under medical supervision.
18.35(2) The Board of Pharmacy shall place a substance in Schedule II if it finds that the
18.36substance has: A high potential for abuse, currently accepted medical use in the United
19.1States, or currently accepted medical use with severe restrictions, and that abuse may lead
19.2to severe psychological or physical dependence.
19.3(3) The Board of Pharmacy shall place a substance in Schedule III if it finds that the
19.4substance has: A potential for abuse less than the substances listed in Schedules I and II,
19.5currently accepted medical use in treatment in the United States, and that abuse may lead
19.6to moderate or low physical dependence or high psychological dependence.
19.7(4) The Board of Pharmacy shall place a substance in Schedule IV if it finds that
19.8the substance has: A low potential for abuse relative to the substances in Schedule III,
19.9currently accepted medical use in treatment in the United States, and that abuse may lead
19.10to limited physical dependence or psychological dependence relative to the substances in
19.11Schedule III.
19.12(5) The Board of Pharmacy shall place a substance in Schedule V if it finds that the
19.13substance has: A low potential for abuse relative to the substances listed in Schedule IV,
19.14currently accepted medical use in treatment in the United States, and limited physical
19.15dependence and/or psychological dependence liability relative to the substances listed
19.16in Schedule IV.
19.17 Subd. 8. Add, delete, or reschedule substances. The state Board of Pharmacy
19.18may, by rule, add substances to or delete or reschedule substances listed in this section.
19.19
19.20
19.21
19.22not delete or reschedule a drug that is in Schedule I, except as provided in subdivision 12.
19.23In making a determination regarding a substance, the Board of Pharmacy shall
19.24consider the following: The actual or relative potential for abuse, the scientific evidence
19.25of its pharmacological effect, if known, the state of current scientific knowledge
19.26regarding the substance, the history and current pattern of abuse, the scope, duration,
19.27and significance of abuse, the risk to public health, the potential of the substance to
19.28produce psychic or physiological dependence liability, and whether the substance is an
19.29immediate precursor of a substance already controlled under this section. The state Board
19.30of Pharmacy may include any nonnarcotic drug authorized by federal law for medicinal
19.31use in a schedule only if such drug must, under either federal or state law or rule, be
19.32sold only on prescription.
19.33 Subd. 8a.
19.34scheduling of additional substances.
19.35
19.36
20.1
20.2
20.3
20.4
20.5
20.6to Schedule I when the board finds that the substance has a high potential for abuse, no
20.7currently accepted medical use in the United States, a lack of accepted safety for use under
20.8medical supervision, and known adverse health effects, and is currently available for use
20.9within the state. For the purposes of this subdivision only, the board may use the expedited
20.10rulemaking process under section 14.389.
20.11 Subd. 9. Except substances by rule. The state Board of Pharmacy may by rule
20.12except any compound, mixture, or preparation containing any stimulant or depressant
20.13substance listed in subdivision 4, clauses (1) and (2) or in subdivisions 5 and 6 from the
20.14application of all or any part of this chapter, if the compound, mixture, or preparation
20.15contains one or more active medicinal ingredients not having a stimulant or depressant
20.16effect on the central nervous system; provided, that such admixtures shall be included
20.17therein in such combinations, quantity, proportion, or concentration as to vitiate the
20.18potential for abuse of the substances which do have a stimulant or depressant effect on the
20.19central nervous system.
20.20 Subd. 10. Dextromethorphan. Dextromethorphan shall not be deemed to be
20.21included in any schedule by reason of the enactment of Laws 1971, chapter 937, unless
20.22controlled pursuant to the foregoing provisions of this section.
20.23 Subd. 12. Coordination of controlled substance regulation with federal law and
20.24state statute. If any substance is designated, rescheduled, or deleted as a controlled
20.25substance under federal law and notice thereof is given to the state Board of Pharmacy, the
20.26state Board of Pharmacy shall similarly control the substance under this chapter, after the
20.27expiration of 30 days from publication in the Federal Register of a final order designating
20.28a substance as a controlled substance or rescheduling or deleting a substance. Such order
20.29shall be filed with the secretary of state. If within that 30-day period, the state Board of
20.30Pharmacy objects to inclusion, rescheduling, or deletion, it shall publish the reasons for
20.31objection and afford all interested parties an opportunity to be heard. At the conclusion of
20.32the hearing, the state Board of Pharmacy shall publish its decision, which shall be subject
20.33to the provisions of chapter 14.
20.34In exercising the authority granted by this chapter, the state Board of Pharmacy shall
20.35be subject to the provisions of chapter 14.
20.36
21.1
21.2
21.3
21.4The state Board of Pharmacy shall annually submit a report to the legislature on or
21.5before December 1 that specifies what changes the board made to the controlled substance
21.6schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in
21.7the preceding 12 months. The report must include specific recommendations for amending
21.8the controlled substance schedules contained in subdivisions 2 to 6, so that they conform
21.9with the controlled substance schedules maintained by the board in Minnesota Rules,
21.10parts 6800.4210 to 6800.4250.
21.11
21.12
21.13 Sec. 3. Minnesota Statutes 2010, section 152.11, subdivision 1, is amended to read:
21.14 Subdivision 1.
21.15
21.16reduced to writing, when issued for a controlled substance in Schedule II, III, IV, or V,
21.17is void unless (1) it is written in ink and contains the name and address of the person
21.18for whose use it is intended; (2) it states the amount of the controlled substance to be
21.19compounded or dispensed, with directions for its use; (3) if a written prescription, it
21.20contains the handwritten signature, address, and federal registry number of the prescriber
21.21and a designation of the branch of the healing art pursued by the prescriber; and if an oral
21.22prescription, the name and address of the prescriber and a designation of the prescriber's
21.23branch of the healing art; and (4) it shows the date when signed by the prescriber, or the
21.24date of acceptance in the pharmacy if an oral prescription.
21.25(b) An electronic prescription for a controlled substance in Schedule II, III, IV, or V
21.26is void unless it complies with the standards established pursuant to section 62J.497 and
21.27with those portions of Code of Federal Regulations, title 21, parts 1300, 1304, 1306, and
21.281311, that pertain to electronic prescriptions.
21.29(c) A prescription for a controlled substance in Schedule II, III, IV, or V that is
21.30transmitted by facsimile, either computer to facsimile machine or facsimile machine to
21.31facsimile machine, is void unless it complies with the applicable requirements of Code of
21.32Federal Regulations, title 21, part 1306.
21.33(d) Every licensed pharmacy that dispenses a controlled substance prescription shall
21.34retain the original prescription in a file for a period of not less than two years, open to
21.35inspection by any officer of the state, county, or municipal government, whose duty it is to
22.1aid and assist with the enforcement of this chapter. An original electronic or facsimile
22.2prescription may be stored in an electronic database, provided that the database provides a
22.3means by which original prescriptions can be retrieved, as transmitted to the pharmacy, for
22.4a period of not less than two years.
22.5(e) Every licensed pharmacy shall distinctly label the container in which a controlled
22.6substance is dispensed with the directions contained in the prescription for the use thereof.
22.7 Subd. 1a. Prescription requirements for Schedule II controlled substances. No
22.8person may dispense a controlled substance included in Schedule II of section
22.9without a prescription
22.10licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a
22.11doctor of podiatry, or a doctor of veterinary medicine, lawfully licensed to prescribe in this
22.12state or by a practitioner licensed to prescribe controlled substances by the state in which
22.13the prescription is issued, and having a current federal Drug Enforcement Administration
22.14registration number. The prescription must either be printed or written in ink and contain
22.15the handwritten signature of the prescriber or be transmitted electronically or by facsimile
22.16as permitted under subdivision 1. Provided that in emergency situations, as authorized
22.17by federal law, such drug may be dispensed upon oral prescription reduced promptly to
22.18writing and filed by the pharmacist.
22.19
22.20
22.21
22.22
22.23
22.24
22.25
22.26
22.27
22.28
22.29
22.30
22.31
22.32
22.33
22.34 Sec. 4. Minnesota Statutes 2010, section 152.11, subdivision 2, is amended to read:
23.1 Subd. 2.
23.2III or IV controlled substances. No person may dispense a controlled substance included
23.3in Schedule III or IV of section
23.4as permitted under subdivision 1, by a doctor of medicine, a doctor of osteopathy licensed
23.5to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a doctor of
23.6podiatry, a doctor of optometry limited to Schedule IV, or a doctor of veterinary medicine,
23.7lawfully licensed to prescribe in this state or from a practitioner licensed to prescribe
23.8controlled substances by the state in which the prescription is issued, and having a current
23.9federal drug enforcement administration registration number. Such prescription may not
23.10be dispensed or refilled except with the
23.11prescriber, and in no event more than six months after the date on which such prescription
23.12was issued and no such prescription may be refilled more than five times.
23.13 Sec. 5. Minnesota Statutes 2010, section 152.11, subdivision 2d, is amended to read:
23.14 Subd. 2d. Identification requirement for
23.15
23.16requiring the person purchasing the controlled substance, who need not be the person for
23.17whom the controlled substance prescription is written, to present valid photographic
23.18identification, unless the person purchasing the controlled substance
23.19
23.20
23.21not covered, in whole or in part, by a health plan company or other third-party payor.
23.22
23.23
23.24
23.25
23.26 Sec. 6. Minnesota Statutes 2010, section 152.11, subdivision 3, is amended to read:
23.27 Subd. 3. Dispensing orphan drugs. For the purpose of
23.28section, nothing shall prohibit the dispensing of orphan drugs prescribed by a person
23.29practicing in and licensed by another state as a physician, dentist, veterinarian, or
23.30podiatrist; who has a current federal drug enforcement administration registration number;
23.31and who may legally prescribe Schedule II, III, IV, or V controlled substances in that state.