Subdivision 1. Prescription status for ephedrine. Except as provided in this section, a material, compound, mixture, or preparation that contains any quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optical isomer of ephedrine, may be dispensed only upon the prescription of a duly licensed practitioner authorized by the laws of the state to prescribe prescription drugs.
Subd. 2. Exceptions. (a) A drug product containing ephedrine, its salts, optical isomers, and salts of optical isomers is exempt from subdivision 1 if the drug product:
(1) may be lawfully sold over the counter without a prescription under the Federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321, et seq.;
(2) is labeled and marketed in a manner consistent with the pertinent OTC Tentative Final or Final Monograph;
(3) is manufactured and distributed for legitimate medicinal use in a manner that reduces or eliminates the likelihood of abuse;
(4) is not marketed, advertised, or labeled for the indication of stimulation, mental alertness, weight loss, muscle enhancement, appetite control, or energy;
(5) is in solid oral dosage forms, including soft gelatin caplets, that combine 400 milligrams of guaifenesin and 25 milligrams of ephedrine per dose, according to label instructions; or is an anorectal preparation containing not more than five percent ephedrine; and
(6) is sold in a manner that does not conflict with section 152.02, subdivision 6.
(b) Subdivisions 1 and 3 shall not apply to products containing ephedra or ma huang and lawfully marketed as dietary supplements under federal law.
Subd. 3. Mismarketing of ephedrine prohibited. The marketing, advertising, or labeling of a product containing ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optical isomer of ephedrine for the indication of stimulation, mental alertness, weight loss, appetite control, or energy, is prohibited. In determining compliance with this subdivision, the following factors may be considered:
(1) the packaging of the drug product;
(2) the name and labeling of the product;
(3) the manner of distribution, advertising, and promotion of the product;
(4) verbal representations made concerning the product; and
(5) the duration, scope, and significance of abuse or misuse of the product.
Subd. 4. [Repealed, 1Sp2003 c 2 art 8 s 19]
Subd. 5. Sales for illicit purposes prohibited. It is unlawful for a person to sell, distribute, or otherwise make available a product containing ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, or salts of optical isomers if the person knows or reasonably should know that the product will be used as a precursor to an illegal substance.
Subd. 6. Penalty. A person who violates this section is guilty of a misdemeanor.
1998 c 367 art 4 s 6; 2005 c 136 art 7 s 10
Structure Minnesota Statutes
Chapter 152 — Drugs; Controlled Substances
Section 152.02 — Schedules Of Controlled Substances; Administration Of Chapter.
Section 152.021 — Controlled Substance Crime In The First Degree.
Section 152.022 — Controlled Substance Crime In The Second Degree.
Section 152.023 — Controlled Substance Crime In The Third Degree.
Section 152.024 — Controlled Substance Crime In The Fourth Degree.
Section 152.025 — Controlled Substance Crime In The Fifth Degree.
Section 152.026 — Mandatory Sentences.
Section 152.0261 — Importing Controlled Substances Across State Borders.
Section 152.0262 — Possession Of Substances With Intent To Manufacture Methamphetamine Crime.
Section 152.027 — Other Controlled Substance Offenses.
Section 152.0271 — Notice Of Drug Convictions; Driver's License Revocation.
Section 152.0273 — Synthetic Drug Sales; Mandatory Restitution.
Section 152.028 — Permissive Inference Of Knowing Possession.
Section 152.092 — Possession Of Drug Paraphernalia Prohibited.
Section 152.093 — Manufacture Or Delivery Of Drug Paraphernalia Prohibited.
Section 152.094 — Delivery Of Drug Paraphernalia To A Minor Prohibited.
Section 152.095 — Advertisement Of Drug Paraphernalia Prohibited.
Section 152.096 — Conspiracies Prohibited.
Section 152.097 — Simulated Controlled Substances.
Section 152.0972 — Precursors Of Controlled Substances.
Section 152.0973 — Report Of Transaction.
Section 152.0974 — Exceptions.
Section 152.10 — Sales, Persons Eligible.
Section 152.101 — Manufacturers, Records.
Section 152.11 — Prescriptions.
Section 152.12 — Health Care Providers May Prescribe.
Section 152.125 — Intractable Pain.
Section 152.126 — Prescription Monitoring Program.
Section 152.13 — Duties Of State Board Of Pharmacy.
Section 152.135 — Restrictions On Sales, Marketing, And Possession Of Ephedrine.
Section 152.136 — Anhydrous Ammonia; Prohibited Conduct; Criminal Penalties; Civil Liability.
Section 152.137 — Methamphetamine-related Crimes Involving Children And Vulnerable Adults.
Section 152.152 — Stayed Sentence Limited.
Section 152.18 — Discharge And Dismissal.
Section 152.20 — Penalties Under Other Laws.
Section 152.205 — Local Regulations.
Section 152.21 — Thc Therapeutic Research Act.
Section 152.24 — Federally Approved Clinical Trials.
Section 152.25 — Commissioner Duties.
Section 152.261 — Rules; Adverse Incidents.
Section 152.27 — Patient Registry Program Established.
Section 152.28 — Health Care Practitioner Duties.
Section 152.29 — Manufacturer Of Medical Cannabis Duties.
Section 152.30 — Patient Duties.
Section 152.31 — Data Practices.
Section 152.32 — Protections For Registry Program Participation.
Section 152.34 — Health Care Facilities.
Section 152.35 — Fees; Deposit Of Revenue.
Section 152.36 — Impact Assessment Of Medical Cannabis Therapeutic Research.