1.1.................... moves to amend H.F. No. 1359 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 152.01, is amended by adding a
1.4subdivision to read:
1.5    Subd. 23. Analogue. (a) Except as provided in paragraph (b), "analogue" means a
1.6substance, the chemical structure of which is substantially similar to the chemical structure
1.7of a controlled substance in Schedule I or II:
1.8(1) that has a stimulant, depressant, or hallucinogenic effect on the central nervous
1.9system that is substantially similar to or greater than the stimulant, depressant, or
1.10hallucinogenic effect on the central nervous system of a controlled substance in Schedule
1.11I or II; or
1.12(2) with respect to a particular person, if the person represents or intends that the
1.13substance have 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 I
1.16or II.
1.17(b) "Analogue" does not include:
1.18(1) a controlled substance;
1.19(2) any substance for which there is an approved new drug application under the
1.20federal Food, Drug, and Cosmetic Act; or
1.21(3) with respect to a particular person, any substance, if an exemption is in effect for
1.22investigational use, for that person, as provided by United States Code, title 21, section
1.23355, and the person is registered as a controlled substance researcher as required under
1.24section 152.12, subdivision 3, to the extent conduct with respect to the substance is
1.25pursuant to the exemption and registration.

1.26    Sec. 2. Minnesota Statutes 2010, section 152.02, is amended to read:
2.1152.02 SCHEDULES OF CONTROLLED SUBSTANCES;
2.2ADMINISTRATION OF CHAPTER.
2.3    Subdivision 1. Five schedules. There are established five schedules of controlled
2.4substances, to be known as Schedules I, II, III, IV, and V. Such schedules shall initially
2.5consist of the substances listed in this section by whatever official name, common or usual
2.6name, chemical name, or trade name designated.
2.7    Subd. 2. Schedule I. The following items are listed in Schedule I: (a) Schedule I
2.8shall consist of the drugs and other substances, by whatever official name, common or
2.9usual name, chemical name, or brand name designated, listed in this subdivision.
2.10(1) Any of the following substances, including (b) Opiates. Unless
2.11specifically excepted or unless listed in another schedule any of the following
2.12opiates and their analogues (including homologues), isomers (whether optical,
2.13positional, or geometric), esters, ethers, salts, and salts of isomers, esters, and
2.14ethers, unless specifically excepted, whenever the existence of such
2.15analogues, isomers, esters, ethers and salts is possible within the specific chemical
2.16designation: Acetylmethadol; Allylprodine; Alphacetylmethadol (except
2.17levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol,
2.18levomethadyl acetate, or LAAM); Alphameprodine; Alphamethadol;
2.19Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
2.20propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine;
2.21Benzethidine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine;
2.22Clonitazene; Dextromoramide; Dextrorphan; Diampromide; Diethyliambutene;
2.23Difenoixin; Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl
2.24butyrate; Dipipanone; Ethylmethylthiambutene; Etonitazene; Etoxeridine;
2.25Furethidine; Hydroxypethidine; Ketobemidone; Levomoramide;
2.26Levophenacylmorphan; Methyl substituted isomers of Fentanyl; 3-Methylfentanyl,
2.27(N-[3-Methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);
2.28Acetyl-alpha-methylfentanyl,
2.29(N-[1-(1-methyl-2-phenylethyl)-4-piperidinyl]-N-phenylacetamide);
2.30Alpha-methylthiofentanyl,(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl-N-
2.31phenylpropanamide); Benzylfentanyl, (N-[1-benzyl-4-piperidyl]-N-phenylpropanamide);
2.32Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenylethyl-4-piperidinyl]-N-
2.33phenylpropanamide); Beta-hydroxy-3-methylfentanyl,
2.34(N-[1-(2-hydroxy-2-phenylethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
2.353-methylthiofentanyl,
2.36(N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
3.1Thenylfentanyl, (N-[1-(2-thienyl)Methyl-4-piperidyl]-N-phenylpropanamide);
3.2Thiofentanyl, (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);
3.3para-fluorofentanyl,(N-[1-(2-phenylethyl)-4-piperidyl]-N-(4-fluorophenyl)-propanamide);
3.4Morpheridine; MPPP; 1-Methyl-4-phenyl-4-Propionoxypiperidine;
3.5Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; PEPAP,
3.6(1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine); Phenadoxone; Phenampromide;
3.7Phenomorphan; Phenoperidine; Piritramide; Proheptazine; Properidine;
3.8 Propiram; Racemoramide; Tilidine; Trimeperidine.
3.9(2) (c) Any of the following opium derivatives, their analogues (including
3.10homologues), salts, isomers and salts of isomers, unless specifically excepted or unless
3.11listed in another schedule, whenever the existence of such analogues, salts, isomers
3.12and salts of isomers is possible within the specific chemical designation: Acetorphine;
3.13Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; Codeine methylbromide;
3.14Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Drotebanol;
3.15Etorphine (except hydrochloride salt); Heroin; Hydromorphinol; Methyldesorphine;
3.16Methylhydromorphine Methyldihydromorphine; Morphine methylbromide; Morphine
3.17methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine;
3.18Normorphine; Pholcodine; Thebacon.
3.19(3) (d) Any material, compound, mixture or preparation which contains any
3.20quantity of the following hallucinogenic substances, their analogues (including
3.21homologues), salts, isomers (whether optical, positional, or geometric) and salts of
3.22isomers, unless specifically excepted or unless listed in another schedule, whenever
3.23the existence of such analogues, salts, isomers, and salts of isomers is possible
3.24within the specific chemical designation: 3,4-methylenedioxy amphetamine;
3.253,4-methylenedioxymethamphetamine; 3,4-Methylenedioxy-N-ethylamphetamine;
3.26N-hydroxy-3, 4-Methylenedioxy-amphetamine; 4-bromo-2,5-dimethoxyamphetamine;
3.272,5-dimethoxyamphetamine; 4-methoxyamphetamine; 5-methoxy-3,
3.284-methylenedioxy amphetamine; Alpha-Ethyltryptamine; Bufotenine;
3.29Diethyltryptamine; Dimethyltryptamine; 3,4,5-trimethoxy amphetamine; 4-methyl-2,
3.305-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; marijuana;
3.31Mescaline; Parahexyl; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl benzilate;
3.32Psilocybin; Psilocyn; Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine
3.33naturally contained in a plant of the genus Cannabis (cannabis plant); synthetic
3.34equivalents of the substances contained in the cannabis plant or in the resinous
3.35extractives of the cannabis plant; synthetic substances, derivatives, and their
3.36isomers with similar chemical structure and pharmacological activity to those
4.1substances contained in the cannabis plant; Thiophene analogue of phencyclidine
4.2(1-2[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienyl analogue of phencyclidine, TPCP,
4.3TCP; ethylamine analogue of phencyclidine; (n-ethyl-1-phenyl-cyclohexylamine);
4.4(1-phenylcyclohexyl)ethylamine, N-(1-phenylcyclohexyl)ethylamine, cyclohexamine,
4.5PCE; pyrrolidine analogue of phencyclidine (1-(1-phenylcyclohexyl)
4.6pyrrolidine); 2-thienyl Pyrrolidine analogue of phencyclidine
4.7(1-[1-(2-thienyl)cyclohexyl]-pyrrolidine); 4-Bromo-2,5-dimethoxyphenethylamine,
4.8also known as 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane, alpha-desmethyl
4.9DOB, 2C-B, or Nexus; 2,5-dimethoxy-4-ethylamphetamine, also known as DOET;
4.102,5-dimethoxy-4-(n)-proprylthiophenethylamine, also known as 2C-T-7; Alpha-
4.11methyltryptamine, also known as AMT; 5-methoxy-N,N-diisopropyltryptamine,
4.12also known as 5-MeO-DIPT; 2,5-dimethoxy-4-ethylphenethylamine,
4.13also known as 2C-E; 2,5-dimethoxy-4-iodophenethylamine, also known
4.14as 2C-I; 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
4.154-chloro-2,5-dimethoxyphenethylamine (2C-C); 4-propyl-2,5-dimethoxyphenethylamine
4.16(2C-P); 4-chloro-2,5-dimethoxyamphetamine (DOC); 4-iodo-2,5-dimethoxyamphetamine
4.17(DOI); 5-methoxy-α-methyltryptamine (5-MeO-AMT); N,N-diisopropyltryptamine
4.18(DiPT); 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT); 2,5-dimethoxyamphetamine
4.19(2,5-DMA).
4.20(4) (e) Peyote, meaning all parts of the plant presently classified botanically as
4.21Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract
4.22from any part of such plant, and every compound, manufacture, salts, derivative, mixture,
4.23or preparation of such plant, its seeds or extracts, providing the listing of peyote as a
4.24controlled substance in Schedule I does not apply to the nondrug use of peyote in bona
4.25fide religious ceremonies of the American Indian Church, and members of the American
4.26Indian Church are exempt from registration. Any person who manufactures peyote for or
4.27distributes peyote to the American Indian Church, however, is required to obtain federal
4.28registration annually and to comply with all other requirements of law.
4.29(5) (f) Unless specifically excepted or unless listed in another schedule, any
4.30material compound, mixture, or preparation which contains any quantity of the following
4.31substances having a depressant effect on the central nervous system, including and its
4.32analogues (including homologues), salts, isomers, and salts of isomers whenever the
4.33existence of such analogues, salts, isomers, and salts of isomers is possible within the
4.34specific chemical designation:
5.1Mecloqualone; Methaqualone; Gamma-hydroxybutyric acid, including its esters and
5.2ethers (some other names include GHB, gamma-hydroxybutyrate, 4-hydroxybutanoic
5.3acid, sodium oxybate, sodium oxybutyrate);
5.4Flunitrazepam.
5.5(6) (g) Unless specifically excepted or unless listed in another schedule, any
5.6material compound, mixture, or preparation which contains any quantity of the following
5.7substances having a stimulant effect on the central nervous system, including and its
5.8analogues (including homologues), salts, isomers, and salts of isomers whenever the
5.9existence of such analogues, salts, isomers, and salts of isomers is possible within the
5.10specific chemical designation:
5.11Aminorex, also known as Aminoxaphen, 2-Amino-5-phenyl-2-oxazoline,
5.12or 4,5-Dihydro-5-phenyl-2-oxazolamine; Cathinone also known as
5.132-Amino-1-phenyl-1-propanone, alpha-Aminopropiophenone, 2-Aminopropiophenone
5.14or Norephedrone; Fenethylline;
5.15Methcathinone, also known as 2-(Methylamino)-Propiophenone,
5.16alpha-(Methylamino)-propiophenone, 2-(Methylamino)-1-Phenylpropan-1-one,
5.17alpha-N-Methylaminopropiophenone, monomethylpropion, ephedrone,
5.18N-Methylcathinone or Methylcathinone; (±) cis-4-Methylaminorex, also known
5.19as (±) cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine; N-ethylamphetamine;
5.20N,N-dimethylamphetamine, also known as N,N-alpha-trimethyl-benzene-ethanamine
5.21or N,N-alpha-trimethylphenethylamine; N-benzylpioperazine, also known as BZP,
5.221-benzylpiperazine; methylenedioxypyrovalerone (MDPV); 4-methylmethcathinone;
5.233,4-Methylenedioxypyrovalerone.
5.24(h) A controlled substance analogue, to the extent that it is implicitly or explicitly
5.25intended for human consumption, shall be treated, for the purposes of this chapter, as a
5.26controlled substance in Schedule I.
5.27    Subd. 3. Schedule II. The following items are listed in Schedule II:
5.28(1) (a) Unless specifically excepted or unless listed in another schedule, any of
5.29the following substances whether produced directly or indirectly by extraction from
5.30substances of vegetable origin or independently by means of chemical synthesis, or by a
5.31combination of extraction and chemical synthesis:
5.32(a) (1) Opium and opiate, and any salt, compound, derivative, or preparation
5.33of opium or opiate, including the following: raw opium, opium extracts, opium
5.34fluid extracts, powdered opium, granulated opium, tincture of opium, apomorphine,
5.35codeine, ethylmorphine, hydrocodone, hydromorphone, metopon, morphine, oxycodone,
5.36oxymorphone, thebaine excluding apomorphine, thebaine-derived butorphanol,
6.1dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone, and their respective
6.2salts, but including the following: Raw opium; Opium extracts; Opium fluid; Powdered
6.3opium, Granulated opium, Tincture of opium, Codeine, Dihydroetorphine, Ethylmorphine,
6.4Etorphine hydrochloride, Hydrocodone, Hydromorphone, Metopon, Morphine,
6.5Oxycodone, Oxymorphone, Thebaine, Oripavine.
6.6(b) (2) Any salt, compound, derivative, or preparation thereof which is chemically
6.7equivalent or identical with any of the substances referred to in clause (a), except that
6.8these substances shall not include the isoquinoline alkaloids of opium.
6.9(c) (3) Opium poppy and poppy straw.
6.10(d) (4) Coca leaves and any salt, cocaine compound, derivative, or preparation
6.11of coca leaves, including cocaine and ecgonine, the salts and isomers of cocaine and
6.12ecgonine (including cocaine and ecgonine and their salts, isomers, derivatives, and salts of
6.13isomers and derivatives), and any salt, compound, derivative, or preparation thereof that is
6.14chemically equivalent or identical with any of these substances, except that the substances
6.15shall not include decocainized coca leaves or extraction of coca leaves, which extractions
6.16do not contain cocaine or ecgonine, and the salts of their isomers.
6.17(e) Any salt, compound, derivative, or preparation thereof which is chemically
6.18equivalent or identical with any of the substances referred to in clause (d), except that the
6.19substances shall not include decocainized coca leaves or extraction of coca leaves, which
6.20extractions do not contain cocaine or ecgonine. (5) Concentrate of poppy straw (the
6.21crude extract of poppy straw in either liquid, solid, or powder form which contains the
6.22phenanthrene alkaloids of the opium poppy).
6.23(2) (b) Any of the following opiates, including their isomers, esters, ethers,
6.24salts, and salts of isomers, esters and ethers, unless specifically excepted, or unless
6.25listed in another schedule, whenever the existence of such isomers, esters, ethers and
6.26salts is possible within the specific chemical designation: Alfentanil; Alphaprodine;
6.27Anileridine; Bezitramide; Bulk Dextropropoxyphene (nondosage forms); Carfentanil;
6.28Dihydrocodeine; Dihydromorphinone; Diphenoxylate; Fentanyl; Isomethadone;
6.29Levo-alpha-acetylmethadol (LAAM); Levomethorphan; Levorphanol; Metazocine;
6.30Methadone; Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
6.31Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
6.32Pethidine; Pethidine - Intermediate - A, 4-cyano-1-methyl-4-phenylpiperidine; Pethidine
6.33- Intermediate - B, ethyl-4-phenylpiperidine-4-carboxylate; Pethidine - Intermediate
6.34- C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; Phenazocine; Piminodine;
6.35Racemethorphan; Racemorphan; Remifentanil; Sufentanil; Tapentadol.
7.1(3) (c) Unless specifically excepted or unless listed in another schedule, any
7.2material, compound, mixture, or preparation which contains any quantity of the following
7.3substances having a stimulant effect on the central nervous system:
7.4(a) (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
7.5(b) (2) Methamphetamine, its salts, isomers, and salts of its isomers;
7.6(c) (3) Phenmetrazine and its salts;
7.7(d) (4) Methylphenidate.;
7.8(5) Lisdexamfetamine.
7.9(4) (d) Unless specifically excepted or unless listed in another schedule, any
7.10material, compound, mixture, or preparation which contains any quantity of the following
7.11substances having a depressant effect on the central nervous system, including its salts,
7.12isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
7.13isomers is possible within the specific chemical designation:
7.14(a) Methaqualone
7.15(b) (1) Amobarbital
7.16(2) Glutethimide
7.17(c) (3) Secobarbital
7.18(d) (4) Pentobarbital
7.19(e) (5) Phencyclidine
7.20(f) (6) Phencyclidine immediate precursors:
7.21(i) 1-phenylcyclohexylamine
7.22(ii) 1-piperidinocyclohexanecarbonitrile.
7.23(7) Immediate precursors to amphetamine and methamphetamine: phenylacetone.
7.24(e) Hallucinogenic substances. Nabilone [another name for Nabilone:
7.25(±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-
7.26dibenzo [b,d] pyran-9-one].
7.27    Subd. 4. Schedule III. (a) The following items are listed in Schedule III:
7.28(1) Any material, compound, mixture, or preparation which contains any quantity
7.29of Amphetamine, its salts, optical isomers, and salts of its optical isomers; Stimulants.
7.30Unless specifically excepted or unless listed in another schedule, any material, compound,
7.31mixture, or preparation which contains any quantity of the following substances having
7.32a potential for abuse associated with a stimulant effect on the central nervous system,
7.33including its salts, isomers (whether optical, positional, or geometric), and salts of such
7.34isomers whenever the existence of such salts, isomers, and salts of isomers is possible
7.35within the specific chemical designation:
8.1(i) Phenmetrazine and its salts; Methamphetamine, its salts, isomers, and salts of
8.2isomers; Methylphenidate; and which is required by federal law to be labeled with the
8.3symbol prescribed by 21 Code of Federal Regulations Section 1302.03 and in effect on
8.4February 1, 1976 designating that the drug is listed as a Schedule III controlled substance
8.5under federal law.
8.6(ii) Benzphetamine;
8.7(iii) Chlorphentermine;
8.8(iv) Clortermine;
8.9(v) Phendimetrazine.
8.10(2) Depressants. Unless specifically excepted or unless listed in another schedule,
8.11any material, compound, mixture, or preparation which contains any quantity of the
8.12following substances having a potential for abuse associated with a depressant effect on
8.13the central nervous system:
8.14(a) (i) Any compound, mixture, or preparation containing amobarbital, secobarbital,
8.15pentobarbital or any salt thereof and one or more other active medicinal ingredients which
8.16are not listed in any schedule.;
8.17(b) (ii) Any suppository dosage form containing amobarbital, secobarbital,
8.18pentobarbital, or any salt of any of these drugs and approved by the food and drug
8.19administration for marketing only as a suppository.;
8.20(c) (iii) Any substance which contains any quantity of a derivative of barbituric acid,
8.21or any salt of a derivative of barbituric acid, except those substances which are specifically
8.22listed in other schedules:;
8.23(iv) Chlorhexadol; Glutethimide;
8.24(v) Any drug product containing gamma hydroxybutyric acid, including its salts,
8.25isomers, and salts of isomers, for which an application is approved under section 505 of
8.26the federal Food, Drug, and Cosmetic Act;
8.27(vi) Ketamine, its salts, isomers and salts of isomers;
8.28(vii) Lysergic acid;
8.29(viii) Lysergic acid amide;
8.30(ix) Methyprylon;
8.31(x) Sulfondiethylmethane;
8.32(xi) Sulfonethylmethane;
8.33(xii) Sulfonmethane.;
8.34(xiii) Tiletamine and zolazepam and any salt thereof;
8.35(xiv) Embutramide.
9.1(d) Gamma hydroxybutyrate, any salt, compound, derivative, or preparation of
9.2gamma hydroxybutyrate, including any isomers, esters, and ethers and salts of isomers,
9.3esters, and ethers of gamma hydroxybutyrate whenever the existence of such isomers,
9.4esters, and salts is possible within the specific chemical designation.
9.5(3) Any material, compound, mixture, or preparation which contains any quantity of
9.6the following substances having a potential for abuse associated with a stimulant effect on
9.7the central nervous system:
9.8(a) Benzphetamine
9.9(b) Chlorphentermine
9.10(c) Clortermine
9.11(d) Mazindol
9.12(e) Phendimetrazine.
9.13(4) (3) Nalorphine.
9.14(5) Any material, compound, mixture, or preparation containing limited quantities
9.15of any of the following narcotic drugs, or any salts thereof (4) Narcotic Drugs. Unless
9.16specifically excepted or unless listed in another schedule, any material, compound,
9.17mixture, or preparation containing any of the following narcotic drugs, or their salts
9.18calculated as the free anhydrous base or alkaloid, in limited quantities as follows:
9.19(a) (i) Not more than 1.80 grams of codeine per 100 milliliters or not more than 90
9.20milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid
9.21of opium.;
9.22(b) (ii) Not more than 1.80 grams of codeine per 100 milliliters or not more than 90
9.23milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized
9.24therapeutic amounts.;
9.25(c) (iii) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or
9.26not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an
9.27isoquinoline alkaloid of opium.;
9.28(d) (iv) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
9.29more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients
9.30in recognized therapeutic amounts.;
9.31(e) (v) Not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more
9.32than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
9.33recognized therapeutic amounts.;
9.34(f) (vi) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not
9.35more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients
9.36in recognized therapeutic amounts.;
10.1(g) (vii) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams,
10.2or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic
10.3ingredients in recognized therapeutic amounts.;
10.4(h) (viii) Not more than 50 milligrams of morphine per 100 milliliters or per 100
10.5grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
10.6(6) (5) Anabolic steroids.
10.7, which, "Anabolic steroids," for purposes of this subdivision, means any drug
10.8or hormonal substance, chemically and pharmacologically related to testosterone,
10.9other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone, and
10.10includes: androstanediol; androstanedione; androstenediol; androstenedione; bolasterone;
10.11boldenone; calusterone; chlorotestosterone; chorionic gonadotropin; clostebol;
10.12dehydrochloromethyltestosterone; (triangle)1-dihydrotestosterone; 4-dihydrotestosterone;
10.13drostanolone; ethylestrenol; fluoxymesterone; formebolone; furazabol; human
10.14growth hormones; 13b-ethyl-17a-hydroxygon-4-en-3-one; 4-hydroxytestosterone;
10.154-hydroxy-19-nortestosterone; mestanolone; mesterolone; methandienone;
10.16methandranone; methandriol; methandrostenolone; methenolone; 17a-methyl-3b,
10.1717b-dihydroxy-5a-androstane; 17a-methyl-3a, 17b-dihydroxy-5a-androstane;
10.1817a-methyl-3b, 17b-dihydroxyandrost-4-ene; 17a-methyl-4-hydroxynandrolone;
10.19methyldienolone; methyltrienolone; methyltestosterone; mibolerone;
10.2017a-methyl-(triangle)1-dihydrotestosterone; nandrolone; nandrolone phenpropionate;
10.21norandrostenediol; norandrostenedione; norbolethone; norclostebol; norethandrolone;
10.22normethandrolone; oxandrolone; oxymesterone; oxymetholone; stanolone; stanozolol;
10.23stenbolone; testolactone; testosterone; testosterone propionate; tetrahydrogestrinone;
10.24trenbolone; and any salt, ester, or ether of a drug or substance described in this paragraph.
10.25(i) 3[beta], 17-dihydroxy-5a-androstane;
10.26(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane;
10.27(iii) 5[alpha]-androstan-3,17-dione;
10.28(iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
10.29(v) 1-androstenediol (3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
10.30(vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);
10.31(vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);
10.32(viii) 1-androstenedione ([5[alpha]]-androst-1-en-3,17-dione);
10.33(ix) 4-androstenedione (androst-4-en-3,17-dione);
10.34(x) 5-androstenedione (androst-5-en-3,17-dione);
10.35(xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
10.36(xii) boldenone (17[beta]-hydroxyandrost-1,4,-diene-3-one);
11.1(xiii) boldione (androsta-1,4-diene-3,17-dione);
11.2(xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
11.3(xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one);
11.4(xvi) dehydrochloromethyltestosterone
11.5(4-chloro-17[beta]-hydroxy-17[alpha]-methyl-androst-1,4-dien-3-one);
11.6(xvii) desoxymethyltestosterone
11.7(17[alpha]-methyl-5-[alpha]-androst-2-en-17[beta]-ol) (a.k.a., madol)
11.8(xviii) [Delta]1-dihydrotestosterone (a.k.a. '1-testosterone')
11.9(17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
11.10(xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one);
11.11(xx) drostanolone (17[beta]-hydroxy-2-[alpha]-methyl-5[alpha]-androstan-3-one);
11.12(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);
11.13(xxii) fluoxymesterone
11.14(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one);
11.15(xxiii) formebolone
11.16(2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);
11.17(xxiv) furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan);
11.18(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one;
11.19(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-androst-4-en-3-one);
11.20(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxy-estr-4-en-3-one);
11.21(xxviii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5-androstan-3-one);
11.22(xxix) mesterolone (1[alpha]methyl-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);
11.23(xxx) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one);
11.24(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene);
11.25(xxxii) methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
11.26(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-dihydroxy-5a-androstane;
11.27(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5a-androstane;
11.28(xxxv) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene;
11.29(xxxvi) 17[alpha]-methyl-4-hydroxyandrolone
11.30(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);
11.31(xxxvii) methyldienolone
11.32(17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one);
11.33(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9-
11.3411-trien-3-one);
11.35(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one);
11.36(xl) mibolerone (17[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one);
12.1(xli) 17[alpha]-methyl-[Delta]1-dihydrotestosterone
12.2(17b[beta]-hydroxy-17[alpha]-methyl-5(alpha]-androst-1-en-3-one) (a.k.a.
12.3'17-[alpha]-methyl-1-testosterone');
12.4(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one);
12.5(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-dihydroxyestr-4-ene);
12.6(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-dihydroxyestr-4-ene);
12.7(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-dihydroxyestr-5-ene);
12.8(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-dihydroxyestr-5-ene);
12.9(xlvii) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
12.10(xlviii) 19-nor-4-androstenedione (estr-4-en-3,17-dione);
12.11(xlix) 19-nor-5-androstenedione (estr-5-en-3,17-dione);
12.12(l) norbolethone (13[beta], 17 [alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);
12.13(li) noclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one);
12.14(lii) norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one);
12.15(liii) normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one);
12.16(liv) oxandrolone
12.17(17[alpha]-methyl-17[beta]-hydroxy-2-oxa-[5[alpha]]-androstan-3-one);
12.18(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one);
12.19(lvi) oxymetholone
12.20(17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);
12.21(lvii) stanozolol
12.22(17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androst-2-eno[3,2-c]-pyrazole);
12.23(lviii) stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one);
12.24(lix) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid
12.25lactone);
12.26(lx) testosterone (17[beta]-hydroxyandrost-4-en-3-one);
12.27(lxi) tetrahydrogestrinone (13[beta],
12.2817[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one);
12.29(lxii) trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one);
12.30(lxiii) any salt, ester, or ether of a drug or substance described in this paragraph.
12.31 Anabolic steroids are not included if they are: (i) expressly intended for
12.32administration through implants to cattle or other nonhuman species; and (ii) approved by
12.33the United States Food and Drug Administration for that use. If any person prescribes,
12.34dispenses, or distributes such steroid for human use, the person shall be considered
12.35to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of
12.36this paragraph.
13.1(6) Human growth hormones.
13.2(7) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and
13.3encapsulated in a soft gelatin capsule in a United States Food and Drug Administration
13.4approved product.
13.5(8) Any material, compound, mixture, or preparation containing any of the following
13.6narcotic drugs or their salts: Buprenhorphine.
13.7    Subd. 5. Schedule IV. The following items are listed in Schedule IV: Barbital;
13.8Butorphanol; Chloral betaine; Chloral hydrate; Chlordiazepoxide; Clonazepam;
13.9Clorazepate; Diazepam; Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine;
13.10Flurazepam; Mebutamate; Methohexital; Meprobamate except when in combination
13.11with the following drugs in the following or lower concentrations: conjugated
13.12estrogens, 0.4 mg; tridihexethyl chloride, 25mg; pentaerythritol tetranitrate, 20 mg;
13.13Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline; Petrichloral; Phenobarbital;
13.14and Phentermine. (a) Narcotic drugs. Unless specifically excepted or unless listed in
13.15another schedule, any material, compound, mixture, or preparation containing any of the
13.16following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid,
13.17in limited quantities as follows:
13.18(1) Not more than one milligram of difenoxin and not less than 25 micrograms of
13.19atropine sulfate per dosage unit;
13.20(2) Dextropropoxyphene
13.21(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).
13.22(b) Depressants. Unless specifically excepted or unless listed in another schedule,
13.23any material, compound, mixture, or preparation which contains any quantity of the
13.24following substances, including its salts, isomers, and salts of isomers whenever the
13.25existence of such salts, isomers, and salts of isomers is possible within the specific
13.26chemical designation:
13.27(1) Alprazolam;
13.28(2) Barbital;
13.29(3) Bromazepam;
13.30(4) Camazepam;
13.31(5) Chloral betaine;
13.32(6) Chloral hydrate;
13.33(7) Chlordiazepoxide;
13.34(8) Clobazam;
13.35(9) Clonazepam;
13.36(10) Clorazepate;
14.1(11) Clotiazepam;
14.2(12) Cloxazolam;
14.3(13) Delorazepam;
14.4(14) Diazepam;
14.5(15) Dichloralphenazone;
14.6(16) Estazolam;
14.7(17) Ethchlorvynol;
14.8(18) Ethinamate;
14.9(19) Ethyl Loflazepate;
14.10(20) Fludiazepam;
14.11(21) Flurazepam;
14.12(22) Halazepam;
14.13(23) Haloxazolam;
14.14(24) Ketazolam;
14.15(25) Loprazolam;
14.16(26) Lorazepam;
14.17(27) Lormetazepam;
14.18(28) Mebutamate;
14.19(29) Medazepam;
14.20(30) Meprobamate;
14.21(31) Methohexital;
14.22(32) Methylphenobarbital;
14.23(33) Midazolam;
14.24(34) Nimetazepam;
14.25(35) Nitrazepam;
14.26(36) Nordiazepam;
14.27(37) Oxazepam;
14.28(38) Oxazolam;
14.29(39) Paraldehyde;
14.30(40) Petrichloral;
14.31(41) Phenobarbital;
14.32(42) Pinazepam;
14.33(43) Prazepam;
14.34(44) Quazepam;
14.35(45) Temazepam;
14.36(46) Tetrazepam;
15.1(47) Triazolam;
15.2(48) Zaleplon;
15.3(49) Zolpidem;
15.4(50) Zopiclone.
15.5(c) Fenfluramine. Any material, compound, mixture, or preparation which contains
15.6any quantity of fenfluramine, including its salts, isomers, (whether optical, positional, or
15.7geometric), and salts of such isomers, whenever the existence of such salts, isomers,
15.8and salts of isomers is possible.
15.9(d) Stimulants. Unless specifically excepted or unless listed in another schedule,
15.10any material, compound, mixture, or preparation which contains any quantity of the
15.11following substances having a stimulant effect on the central nervous system, including its
15.12salts, isomers, and salts of isomers:
15.13(1) Cathine ((+)-Norpseudoephedrine);
15.14(2) Diethylpropion;
15.15(3) Fencamfamine;
15.16(4) Fenproporex;
15.17(5) Mazindol;
15.18(6) Mefenorex;
15.19(7) Modafinil;
15.20(8) Pemoline ( including organometallic complexes and chelates thereof);
15.21(9) Phentermine;
15.22(10) Pipradrol;
15.23(11) Sibutramine;
15.24(12) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
15.25    Subd. 6. Schedule V; restrictions on methamphetamine precursor drugs. (a) As
15.26used in this subdivision, the following terms have the meanings given:
15.27(1) "methamphetamine precursor drug" means any compound, mixture, or
15.28preparation intended for human consumption containing ephedrine or pseudoephedrine as
15.29its sole active ingredient or as one of its active ingredients; and
15.30(2) "over-the-counter sale" means a retail sale of a drug or product but does not
15.31include the sale of a drug or product pursuant to the terms of a valid prescription.
15.32(b) The following items are listed in Schedule V:
15.33(1) any compound, mixture, or preparation containing any of the following limited
15.34quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
15.35ingredients in sufficient proportion to confer upon the compound, mixture or preparation
15.36valuable medicinal qualities other than those possessed by the narcotic drug alone:
16.1(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
16.2grams;
16.3(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
16.4grams;
16.5(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
16.6of atropine sulfate per dosage unit; or
16.7(iv) not more than 15 milligrams of anhydrous morphine per 100 milliliters or per
16.8100 grams 100 milligrams of opium per 100 milliliters or per 100 grams; and
16.9(v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of
16.10atropine sulfate per dosage unit.
16.11(2) Stimulants. Unless specifically exempted or excluded or unless listed in another
16.12schedule, any material, compound, mixture, or preparation that contains any quantity of
16.13the following substance having a stimulant effect on the central nervous system, including
16.14its salts, isomers, and salts of isomers: Pyrovalerone.
16.15(3) Depressants. Unless specifically exempted or excluded or unless listed in another
16.16schedule, any material, compound, mixture, or preparation that contains any quantity
16.17of the following substance having a depressant effect on the central nervous systems,
16.18including its salts, isomers, and salts of isomers:
16.19(i) Pregabalin;
16.20(ii) Lacosamide ((R)-2-acetoamido-N-benzyl-3-methoxy-propionamide).
16.21(4) any compound, mixture, or preparation containing ephedrine or pseudoephedrine
16.22as its sole active ingredient or as one of its active ingredients.
16.23(c) No person may sell in a single over-the-counter sale more than two packages
16.24of a methamphetamine precursor drug or a combination of methamphetamine precursor
16.25drugs or any combination of packages exceeding a total weight of six grams, calculated as
16.26the base.
16.27(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
16.28(1) packages containing not more than a total of three grams of one or
16.29more methamphetamine precursor drugs, calculated in terms of ephedrine base or
16.30pseudoephedrine base; or
16.31(2) for nonliquid products, sales in blister packs, where each blister contains not
16.32more than two dosage units, or, if the use of blister packs is not technically feasible, sales
16.33in unit dose packets or pouches.
16.34(e) A business establishment that offers for sale methamphetamine precursor drugs
16.35in an over-the-counter sale shall ensure that all packages of the drugs are displayed
16.36behind a checkout counter where the public is not permitted and are offered for sale only
17.1by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The
17.2establishment shall ensure that the person making the sale requires the buyer:
17.3(1) to provide photographic identification showing the buyer's date of birth; and
17.4(2) to sign a written or electronic document detailing the date of the sale, the name
17.5of the buyer, and the amount of the drug sold.
17.6A document described under clause (2) must be retained by the establishment for
17.7at least three years and must at all reasonable times be open to the inspection of any
17.8law enforcement agency.
17.9Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
17.10purchase.
17.11(f) No person may acquire through over-the-counter sales more than six grams of
17.12methamphetamine precursor drugs, calculated as the base, within a 30-day period.
17.13(g) No person may sell in an over-the-counter sale a methamphetamine precursor
17.14drug to a person under the age of 18 years. It is an affirmative defense to a charge under
17.15this paragraph if the defendant proves by a preponderance of the evidence that the
17.16defendant reasonably and in good faith relied on proof of age as described in section
17.17340A.503, subdivision 6 .
17.18(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of
17.19a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
17.20payment of a fine of not more than $1,000, or both.
17.21(i) An owner, operator, supervisor, or manager of a business establishment that
17.22offers for sale methamphetamine precursor drugs whose employee or agent is convicted of
17.23or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal
17.24penalties for violating any of those paragraphs if the person:
17.25(1) did not have prior knowledge of, participate in, or direct the employee or agent to
17.26commit the violation; and
17.27(2) documents that an employee training program was in place to provide the
17.28employee or agent with information on the state and federal laws and regulations regarding
17.29methamphetamine precursor drugs.
17.30(j) Any person employed by a business establishment that offers for sale
17.31methamphetamine precursor drugs who sells such a drug to any person in a suspicious
17.32transaction shall report the transaction to the owner, supervisor, or manager of the
17.33establishment. The owner, supervisor, or manager may report the transaction to local law
17.34enforcement. A person who reports information under this subdivision in good faith is
17.35immune from civil liability relating to the report.
17.36(k) Paragraphs (b) to (j) do not apply to:
18.1(1) pediatric products labeled pursuant to federal regulation primarily intended for
18.2administration to children under 12 years of age according to label instructions;
18.3(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
18.4being manufactured in a manner that prevents the drug from being used to manufacture
18.5methamphetamine;
18.6(3) methamphetamine precursor drugs in gel capsule or liquid form; or
18.7(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
18.8constitutes less than one percent of its total weight and is not its sole active ingredient.
18.9(l) The Board of Pharmacy, in consultation with the Department of Public Safety,
18.10shall certify methamphetamine precursor drugs that meet the requirements of paragraph
18.11(k), clause (2), and publish an annual listing of these drugs.
18.12(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
18.13pursuant to sections 151.42 to 151.51 and registered with and regulated by the United
18.14States Drug Enforcement Administration are exempt from the methamphetamine precursor
18.15drug storage requirements of this section.
18.16(n) This section preempts all local ordinances or regulations governing the sale
18.17by a business establishment of over-the-counter products containing ephedrine or
18.18pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.
18.19    Subd. 7. Board of Pharmacy; regulation of substances. The Board of Pharmacy
18.20is authorized to regulate and define additional substances which contain quantities of a
18.21substance possessing abuse potential in accordance with the following criteria:
18.22(1) The Board of Pharmacy shall place a substance in Schedule I if it finds that the
18.23substance has: A high potential for abuse, no currently accepted medical use in the United
18.24States, and a lack of accepted safety for use under medical supervision.
18.25(2) The Board of Pharmacy shall place a substance in Schedule II if it finds that the
18.26substance has: A high potential for abuse, currently accepted medical use in the United
18.27States, or currently accepted medical use with severe restrictions, and that abuse may lead
18.28to severe psychological or physical dependence.
18.29(3) The Board of Pharmacy shall place a substance in Schedule III if it finds that the
18.30substance has: A potential for abuse less than the substances listed in Schedules I and II,
18.31currently accepted medical use in treatment in the United States, and that abuse may lead
18.32to moderate or low physical dependence or high psychological dependence.
18.33(4) The Board of Pharmacy shall place a substance in Schedule IV if it finds that
18.34the substance has: A low potential for abuse relative to the substances in Schedule III,
18.35currently accepted medical use in treatment in the United States, and that abuse may lead
19.1to limited physical dependence or psychological dependence relative to the substances in
19.2Schedule III.
19.3(5) The Board of Pharmacy shall place a substance in Schedule V if it finds that the
19.4substance has: A low potential for abuse relative to the substances listed in Schedule IV,
19.5currently accepted medical use in treatment in the United States, and limited physical
19.6dependence and/or psychological dependence liability relative to the substances listed
19.7in Schedule IV.
19.8    Subd. 8. Add, delete, or reschedule substances. The state Board of Pharmacy
19.9may, by rule, add substances to or delete or reschedule substances listed in this section.
19.10The state Board of Pharmacy, after consulting with the Advisory Council on Controlled
19.11Substances, shall annually, on or before May 1 of each year, conduct a review of the
19.12placement of controlled substances in the various schedules. The Board of Pharmacy may
19.13not delete or reschedule a drug that is in Schedule I, except as provided in subdivision 12.
19.14In making a determination regarding a substance, the Board of Pharmacy shall
19.15consider the following: The actual or relative potential for abuse, the scientific evidence
19.16of its pharmacological effect, if known, the state of current scientific knowledge
19.17regarding the substance, the history and current pattern of abuse, the scope, duration,
19.18and significance of abuse, the risk to public health, the potential of the substance to
19.19produce psychic or physiological dependence liability, and whether the substance is an
19.20immediate precursor of a substance already controlled under this section. The state Board
19.21of Pharmacy may include any nonnarcotic drug authorized by federal law for medicinal
19.22use in a schedule only if such drug must, under either federal or state law or rule, be
19.23sold only on prescription.
19.24    Subd. 8a. Methamphetamine precursors Board of Pharmacy, expedited
19.25scheduling of additional substances. The State Board of Pharmacy may, by order, require
19.26that nonprescription ephedrine or pseudophedrine products sold in gel capsule or liquid
19.27form be subject to the sale restrictions established in subdivision 6 for methamphetamine
19.28precursor drugs, if the board concludes that ephedrine or pseudophedrine products in
19.29gel capsule or liquid form can be used to manufacture methamphetamine. In assessing
19.30the need for an order under this subdivision, the board shall consult at least annually
19.31with the advisory council on controlled substances, the commissioner of public safety,
19.32and the commissioner of health. The Board of Pharmacy may, by rule, add a substance
19.33to Schedule I when the board finds that the substance has a high potential for abuse, no
19.34currently accepted medical use in the United States, a lack of accepted safety for use under
19.35medical supervision, and known adverse health effects, and is currently available for use
20.1within the state. For the purposes of this subdivision only, the board may use the expedited
20.2rulemaking process under section 14.389.
20.3    Subd. 9. Except substances by rule. The state Board of Pharmacy may by rule
20.4except any compound, mixture, or preparation containing any stimulant or depressant
20.5substance listed in subdivision 4, clauses (1) and (2) or in subdivisions 5 and 6 from the
20.6application of all or any part of this chapter, if the compound, mixture, or preparation
20.7contains one or more active medicinal ingredients not having a stimulant or depressant
20.8effect on the central nervous system; provided, that such admixtures shall be included
20.9therein in such combinations, quantity, proportion, or concentration as to vitiate the
20.10potential for abuse of the substances which do have a stimulant or depressant effect on the
20.11central nervous system.
20.12    Subd. 10. Dextromethorphan. Dextromethorphan shall not be deemed to be
20.13included in any schedule by reason of the enactment of Laws 1971, chapter 937, unless
20.14controlled pursuant to the foregoing provisions of this section.
20.15    Subd. 12. Coordination of controlled substance regulation with federal law and
20.16state statute. If any substance is designated, rescheduled, or deleted as a controlled
20.17substance under federal law and notice thereof is given to the state Board of Pharmacy, the
20.18state Board of Pharmacy shall similarly control the substance under this chapter, after the
20.19expiration of 30 days from publication in the Federal Register of a final order designating
20.20a substance as a controlled substance or rescheduling or deleting a substance. Such order
20.21shall be filed with the secretary of state. If within that 30-day period, the state Board of
20.22Pharmacy objects to inclusion, rescheduling, or deletion, it shall publish the reasons for
20.23objection and afford all interested parties an opportunity to be heard. At the conclusion of
20.24the hearing, the state Board of Pharmacy shall publish its decision, which shall be subject
20.25to the provisions of chapter 14.
20.26In exercising the authority granted by this chapter, the state Board of Pharmacy shall
20.27be subject to the provisions of chapter 14. The state Board of Pharmacy shall provide
20.28copies of any proposed rule under this chapter to the advisory council on controlled
20.29substances at least 30 days prior to any hearing required by section 14.14, subdivision 1.
20.30The state Board of Pharmacy shall consider the recommendations of the advisory council
20.31on controlled substances, which may be made prior to or at the hearing.
20.32The state Board of Pharmacy shall annually submit a report to the legislature on or
20.33before December 1 that specifies what changes the board made to the controlled substance
20.34schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in
20.35the preceding 12 months. The report must include specific recommendations for amending
20.36the controlled substance schedules contained in subdivisions 2 to 6, so that they conform
21.1with the controlled substance schedules maintained by the board in Minnesota Rules,
21.2parts 6800.4210 to 6800.4250.
21.3    Subd. 13. Implementation study. Annually, the state Board of Pharmacy shall study
21.4the implementation of this chapter in relation to the problems of drug abuse in Minnesota.

21.5    Sec. 3. Minnesota Statutes 2010, section 152.11, subdivision 1, is amended to read:
21.6    Subdivision 1. Written General prescription requirement requirements for
21.7Schedule II controlled substances. (a) A written prescription or an oral prescription
21.8reduced to writing, when issued for a controlled substance in Schedule II, III, IV, or V,
21.9is void unless (1) it is written in ink and contains the name and address of the person
21.10for whose use it is intended; (2) it states the amount of the controlled substance to be
21.11compounded or dispensed, with directions for its use; (3) if a written prescription, it
21.12contains the handwritten signature, address, and federal registry number of the prescriber
21.13and a designation of the branch of the healing art pursued by the prescriber; and if an oral
21.14prescription, the name and address of the prescriber and a designation of the prescriber's
21.15branch of the healing art; and (4) it shows the date when signed by the prescriber, or the
21.16date of acceptance in the pharmacy if an oral prescription.
21.17(b) An electronic prescription for a controlled substance in Schedule II, III, IV, or V
21.18is void unless it complies with the standards established pursuant to section 62J.497 and
21.19with those portions of Code of Federal Regulations, title 21, parts 1300, 1304, 1306, and
21.201311, that pertain to electronic prescriptions.
21.21(c) A prescription for a controlled substance in Schedule II, III, IV, or V that is
21.22transmitted by facsimile, either computer to facsimile machine or facsimile machine to
21.23facsimile machine, is void unless it complies with the applicable requirements of Code of
21.24Federal Regulations, title 21, part 1306.
21.25(d) Every licensed pharmacy that dispenses a controlled substance prescription shall
21.26retain the original prescription in a file for a period of not less than two years, open to
21.27inspection by any officer of the state, county, or municipal government, whose duty it is to
21.28aid and assist with the enforcement of this chapter. An original electronic or facsimile
21.29prescription may be stored in an electronic database, provided that the database provides a
21.30means by which original prescriptions can be retrieved, as transmitted to the pharmacy, for
21.31a period of not less than two years.
21.32(e) Every licensed pharmacy shall distinctly label the container in which a controlled
21.33substance is dispensed with the directions contained in the prescription for the use thereof.
21.34    Subd. 1a. Prescription requirements for Schedule II controlled substances. No
21.35person may dispense a controlled substance included in Schedule II of section 152.02
22.1without a prescription written issued by a doctor of medicine, a doctor of osteopathy
22.2licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a
22.3doctor of podiatry, or a doctor of veterinary medicine, lawfully licensed to prescribe in this
22.4state or by a practitioner licensed to prescribe controlled substances by the state in which
22.5the prescription is issued, and having a current federal Drug Enforcement Administration
22.6registration number. The prescription must either be printed or written in ink and contain
22.7the handwritten signature of the prescriber or be transmitted electronically or by facsimile
22.8as permitted under subdivision 1. Provided that in emergency situations, as authorized
22.9by federal law, such drug may be dispensed upon oral prescription reduced promptly to
22.10writing and filed by the pharmacist. Such prescriptions shall be retained in conformity
22.11with section 152.101. No prescription for a Schedule II substance may be refilled.
22.12For the purposes of this chapter, a written prescription or oral prescription, which
22.13shall be reduced to writing, for a controlled substance in Schedule II, III, IV or V is void
22.14unless (1) it is written in ink and contains the name and address of the person for whose
22.15use it is intended; (2) it states the amount of the controlled substance to be compounded or
22.16dispensed, with directions for its use; (3) if a written prescription, it contains the signature,
22.17address and federal registry number of the prescriber and a designation of the branch of
22.18the healing art pursued by the prescriber; and if an oral prescription, the name and address
22.19of the prescriber and a designation of the prescriber's branch of the healing art; and (4) it
22.20shows the date when signed by the prescriber, or the date of acceptance in the pharmacy if
22.21an oral prescription. Every licensed pharmacist who compounds any such prescription
22.22shall retain such prescription in a file for a period of not less than two years, open to
22.23inspection by any officer of the state, county, or municipal government, whose duty it is to
22.24aid and assist with the enforcement of this chapter. Every such pharmacist shall distinctly
22.25label the container with the directions contained in the prescription for the use thereof.

22.26    Sec. 4. Minnesota Statutes 2010, section 152.11, subdivision 2, is amended to read:
22.27    Subd. 2. Written or oral Prescription requirement requirements for Schedule
22.28III or IV controlled substances. No person may dispense a controlled substance included
22.29in Schedule III or IV of section 152.02 without a written or oral prescription from issued,
22.30as permitted under subdivision 1, by a doctor of medicine, a doctor of osteopathy licensed
22.31to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a doctor of
22.32podiatry, a doctor of optometry limited to Schedule IV, or a doctor of veterinary medicine,
22.33lawfully licensed to prescribe in this state or from a practitioner licensed to prescribe
22.34controlled substances by the state in which the prescription is issued, and having a current
22.35federal drug enforcement administration registration number. Such prescription may not
23.1be dispensed or refilled except with the written or verbal documented consent of the
23.2prescriber, and in no event more than six months after the date on which such prescription
23.3was issued and no such prescription may be refilled more than five times.

23.4    Sec. 5. Minnesota Statutes 2010, section 152.11, subdivision 2d, is amended to read:
23.5    Subd. 2d. Identification requirement for Schedule II or III controlled substance.
23.6    (a) No person may dispense a controlled substance included in Schedule II or III without
23.7requiring the person purchasing the controlled substance, who need not be the person for
23.8whom the controlled substance prescription is written, to present valid photographic
23.9identification, unless the person purchasing the controlled substance, or if applicable the
23.10person for whom the controlled substance prescription is written, is known to the dispenser.
23.11    (b) This subdivision applies only to purchases of controlled substances that are
23.12not covered, in whole or in part, by a health plan company or other third-party payor.
23.13The Board of Pharmacy shall report to the legislature by July 1, 2009, on the effect of
23.14this subdivision. The board shall include in the report the incidence of complaints, if any,
23.15generated by the requirements of this subdivision and whether this subdivision is creating
23.16barriers to pharmaceutical access.

23.17    Sec. 6. Minnesota Statutes 2010, section 152.11, subdivision 3, is amended to read:
23.18    Subd. 3. Dispensing orphan drugs. For the purpose of subdivisions 1 and 2 this
23.19section, nothing shall prohibit the dispensing of orphan drugs prescribed by a person
23.20practicing in and licensed by another state as a physician, dentist, veterinarian, or
23.21podiatrist; who has a current federal drug enforcement administration registration number;
23.22and who may legally prescribe Schedule II, III, IV, or V controlled substances in that state."
23.23Amend the title accordingly