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SF3087 (Legislative Session 94 (2025-2026))

Restrictions placed on the sale of certain over-the-counter allergy medications modifications

Related bill: HF2476

AI Generated Summary

Purpose of the Bill

The bill aims to modify the restrictions surrounding the sale of certain over-the-counter allergy medications that contain methamphetamine precursor drugs like ephedrine or pseudoephedrine. These changes are primarily intended to prevent the misuse of these drugs for methamphetamine production.

Main Provisions

  • Schedule V Drugs: The bill lists specific quantities of narcotic drugs and non-narcotic ingredients, including ephedrine and pseudoephedrine, under Schedule V restrictions to control their distribution and prevent unlawful use.
  • Sales Limitations: The bill restricts single over-the-counter transactions to a maximum of three packages or six grams of methamphetamine precursor drugs, such as those containing ephedrine or pseudoephedrine.
  • Purchase and Identification Requirements: Retailers must store these drugs behind the counter and sell them only with the assistance of a licensed pharmacist, registered pharmacy technician, or pharmacy clerk. Buyers must present a photo ID and sign a documentation form recording the sale details, which is kept for three years for potential law enforcement review.
  • 30-Day Purchase Limit: Individuals are limited to purchasing no more than 7.2 grams of methamphetamine precursor drugs within a 30-day period.
  • Underage Sales Prohibition: Sales of methamphetamine precursor drugs are prohibited to anyone under 18 years of age.
  • Penalties: Violators, including businesses and individuals who fail to comply with these regulations, could face misdemeanor charges, which include fines up to $1,000 and imprisonment for up to 90 days.
  • Exemptions and Preemptions: The bill exempts pediatric products, certain gel or liquid forms, and specific manufacturing processes from these restrictions. It also preempts local laws by establishing a unified statewide regulation.

Significant Changes

  • Increased Purchase Limits: The bill increases the single sale limit to three packages or six grams per transaction, while maintaining the 30-day purchase limit at 7.2 grams, accommodating for varying dosage forms.
  • Business Compliance and Liability: It outlines clear requirements for business establishments to prevent unauthorized sales and offers immunity from civil liability for reporting suspicious transactions in good faith.
  • Preemption of Local Laws: All local ordinances enacted before the bill’s effective date dealing with the sale of these drugs are void, creating a consistent statewide policy.

Relevant Terms

  • Methamphetamine precursor drugs
  • Ephedrine
  • Pseudoephedrine
  • Over-the-counter sale
  • Schedule V restrictions
  • Photo identification
  • Misdemeanor charges
  • Statewide regulation

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 26, 2025SenateFloorActionIntroduction and first reading
March 26, 2025SenateFloorActionReferred toHealth and Human Services

Citations

 
[
  {
    "analysis": {
      "added": [
        "Clarifies requirements for photographic identification for buyers."
      ],
      "removed": [
        "Previous packaging display requirements for business establishments."
      ],
      "summary": "This bill modifies restrictions placed on the sale of OTC allergy medicines under section 152.02 subdivision 6.",
      "modified": [
        "Increases the amount of methamphetamine precursor drugs permissible per transaction."
      ]
    },
    "citation": "152.02",
    "subdivision": "subdivision 6"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This provides an affirmative defense related to proof of age requirements for the sale of methamphetamine precursor drugs.",
      "modified": [
        "Redefines conditions under which reliance on proof of age is considered reasonable."
      ]
    },
    "citation": "340A.503",
    "subdivision": "subdivision 6"
  }
]

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