reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.0271 — Notice Of Drug Convictions; Driver's License Revocation.

152.0271 NOTICE OF DRUG CONVICTIONS; DRIVER'S LICENSE REVOCATION.
When a person is convicted of violating a provision of sections 152.021 to 152.027 and 152.0262, the sentencing court shall determine whether the person unlawfully sold or possessed the controlled substance while driving a motor vehicle. If so, the court shall notify the commissioner of public safety of its determination and order the commissioner to revoke the person's driver's license for 30 days. If the person does not have a driver's license or if the person's driver's license is suspended or revoked at the time of the conviction, the commissioner shall delay the issuance or reinstatement of the person's driver's license for 30 days after the person applies for the issuance or reinstatement of the license. Upon receipt of the court's order, the commissioner is authorized to take the licensing action without a hearing.
History:
1993 c 347 s 1; 2005 c 136 art 7 s 21
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.0273 — Synthetic Drug Sales; Mandatory Restitution.

152.0273 SYNTHETIC DRUG SALES; MANDATORY RESTITUTION.
The court shall order a person convicted of selling a controlled substance or analog of a controlled substance under the false pretense that the substance is legal to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not limited to, the medical costs of persons who consumed the substances sold by the offender and the reasonable costs incurred by public and private entities that provided an emergency response to a person who consumed the substances sold by the offender.
History:
2014 c 285 s 9
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.028 — Permissive Inference Of Knowing Possession.

152.028 PERMISSIVE INFERENCE OF KNOWING POSSESSION.
Subdivision 1.
Residences.
The presence of a controlled substance in open view in a room, other than a public place, under circumstances evincing an intent by one or more of the persons present to unlawfully mix, compound, package, or otherwise prepare for sale the controlled substance permits the fact finder to infer knowing possession of the controlled substance by each person in close proximity to the controlled substance when the controlled substance was found. The permissive inference does not apply to any person if:
(1) one of them legally possesses the controlled substance; or
(2) the controlled substance is on the person of one of the occupants.
Subd. 2.
Passenger automobiles.
The presence of a controlled substance in a passenger automobile permits the fact finder to infer knowing possession of the controlled substance by the driver or person in control of the automobile when the controlled substance was in the automobile. This inference may only be made if the defendant is charged with violating section 152.021, 152.022, 152.023, 152.0261, or 152.0262. The inference does not apply:
(1) to a duly licensed operator of an automobile who is at the time operating it for hire in the lawful and proper pursuit of the operator's trade;
(2) to any person in the automobile if one of them legally possesses a controlled substance; or
(3) when the controlled substance is concealed on the person of one of the occupants.
History:
1989 c 290 art 3 s 15; 1990 c 602 art 7 s 8; 2005 c 136 art 7 s 21
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.029 — Public Information; School Zones, Park Zones, Public Housing Zones, And Drug Treatment Facilities.

152.029 PUBLIC INFORMATION; SCHOOL ZONES, PARK ZONES, PUBLIC HOUSING ZONES, AND DRUG TREATMENT FACILITIES.
The attorney general shall disseminate information to the public relating to the penalties for committing controlled substance crimes in park zones, school zones, public housing zones, and drug treatment facilities. The attorney general shall draft a plain language version of sections 152.022 and 152.023 and relevant provisions of the Sentencing Guidelines, that describes in a clear and coherent manner using words with common and everyday meanings the content of those provisions. The attorney general shall publicize and disseminate the plain language version as widely as practicable, including distributing the version to school boards, local governments, and administrators and occupants of drug treatment facilities and public housing.
History:
1989 c 290 art 3 s 16; 1991 c 279 s 7; 1997 c 239 art 4 s 13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.093 — Manufacture Or Delivery Of Drug Paraphernalia Prohibited.

152.093 MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA PROHIBITED.
It is unlawful for any person to intentionally manufacture drug paraphernalia for delivery. Any violation of this section is a misdemeanor.
History:
1982 c 557 s 3; 2023 c 52 art 15 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.094 — Delivery Of Drug Paraphernalia To A Minor Prohibited.

152.094 DELIVERY OF DRUG PARAPHERNALIA TO A MINOR PROHIBITED.
Any person 18 years of age or older who violates section 152.093 by knowingly or intentionally delivering drug paraphernalia to a person under 18 years of age who is at least three years younger is guilty of a gross misdemeanor.
History:
1982 c 557 s 4; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.095 — Advertisement Of Drug Paraphernalia Prohibited.

152.095 ADVERTISEMENT OF DRUG PARAPHERNALIA PROHIBITED.
It is unlawful for any person knowingly or intentionally to place in any newspaper, magazine, handbill, or other publication any advertisement or promotion for the sale of drug paraphernalia. A violation of this section is a misdemeanor.
History:
1982 c 557 s 5
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.096 — Conspiracies Prohibited.

152.096 CONSPIRACIES PROHIBITED.
Subdivision 1.
Prohibited acts; penalties.
Any person who conspires to commit any act prohibited by this chapter, except possession or distribution for no remuneration of a small amount of marijuana as defined in section 152.01, subdivision 16, is guilty of a felony and upon conviction may be imprisoned, fined, or both, up to the maximum amount authorized by law for the act the person conspired to commit.
Subd. 2.
Conviction of coconspirator not required.
A person liable under this section may be charged with and convicted of conspiracy although the person or persons with whom that person conspired have not been convicted or have been convicted of some other crime based on the same act.
History:
1982 c 557 s 6; 1986 c 444; 1989 c 290 art 3 s 17
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.097 — Simulated Controlled Substances.

152.097 SIMULATED CONTROLLED SUBSTANCES.
Subdivision 1.
Prohibition.
It is unlawful for any person knowingly to manufacture, sell, transfer or deliver or attempt to sell, transfer or deliver a noncontrolled substance upon:
(1) the express representation that the noncontrolled substance is a narcotic or nonnarcotic controlled substance; or
(2) the express representation that the substance is of such nature or appearance that the recipient of the delivery will be able to sell, transfer or deliver the substance as a controlled substance; or
(3) under circumstances which would lead a reasonable person to believe that the substance was a controlled substance. Any of the following factors shall constitute relevant evidence:
(i) the noncontrolled substance was packaged in a manner normally used for the illegal delivery of controlled substances; or
(ii) the delivery or attempted delivery included an exchange of or demand for money or other valuable property as consideration for delivery of the noncontrolled substance, and the amount of the consideration was substantially in excess of the reasonable value of the noncontrolled substance; or
(iii) the physical appearance of the noncontrolled substance is substantially identical to a specified controlled substance.
Subd. 2.
No defense.
In any prosecution under this section, it is no defense that the accused believed the noncontrolled substance to actually be a controlled substance.
Subd. 3.
Exemption.
This section does not apply to the prescribing and dispensing of placebos by licensed practitioners and licensed pharmacists.
Subd. 4.
Penalty.
A person who violates this section may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $20,000, or both. Sentencing for a conviction for attempting to sell, transfer, or deliver a noncontrolled substance in violation of this section is governed by section 609.17, subdivision 4.
History:
1982 c 599 s 1; 1989 c 290 art 3 s 18
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.0971 — Terms.

152.0971 TERMS.
Subdivision 1.
Terms.
For purposes of sections 152.0971 to 152.0974, the following terms have the meanings given.
Subd. 1a.
Authorized agent.
An "authorized agent" is an individual representing a business who is responsible for the disbursement or custody of precursor substances.
Subd. 2.
Furnish.
"Furnish" means to sell, transfer, deliver, send, or supply a precursor substance by any other means.
Subd. 2a.
Purchaser.
A "purchaser" is a manufacturer, wholesaler, retailer, or any other person in this state who receives or seeks to receive a precursor substance.
Subd. 2b.
Receive.
"Receive" means to purchase, receive, collect, or otherwise obtain a precursor substance from a supplier.
Subd. 3.
Supplier.
A "supplier" is a manufacturer, wholesaler, retailer, or any other person in this or any other state who furnishes a precursor substance to another person in this state.
History:
1990 c 565 s 22; 1993 c 326 art 3 s 3-6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.0972 — Precursors Of Controlled Substances.

152.0972 PRECURSORS OF CONTROLLED SUBSTANCES.
Subdivision 1.
Precursor substances.
The following precursors of controlled substances are "precursor substances":
(1) phenyl-2-propanone;
(2) methylamine;
(3) ethylamine;
(4) d-lysergic acid;
(5) ergotamine tartrate;
(6) diethyl malonate;
(7) malonic acid;
(8) hydriodic acid;
(9) ethyl malonate;
(10) barbituric acid;
(11) piperidine;
(12) n-acetylanthranilic acid;
(13) pyrrolidine;
(14) phenylacetic acid;
(15) anthranilic acid;
(16) ephedrine;
(17) pseudoephedrine;
(18) norpseudoephedrine;
(19) phenylpropanolamine;
(20) propionic anhydride;
(21) isosafrole;
(22) safrole;
(23) piperonal;
(24) thionylchloride;
(25) benzyl cyanide;
(26) ergonovine maleate;
(27) n-methylephedrine;
(28) n-ethylpseudoephedrine;
(29) n-methylpseudoephedrine;
(30) chloroephedrine;
(31) chloropseudoephedrine; and
(32) any substance added to this list by rule adopted by the state Board of Pharmacy.
Subd. 2.
Adoption of rules.
The state Board of Pharmacy may adopt rules under chapter 14 that add a substance to the list in subdivision 1, if the substance is a precursor to a controlled substance, or delete a substance from the list. A rule adding or deleting a substance is effective only until December 31 of the year following the calendar year during which the rule was adopted.
History:
1990 c 565 s 23; 1993 c 326 art 3 s 7
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.0974 — Exceptions.

152.0974 EXCEPTIONS.
Sections 152.0971 to 152.0974 do not apply to:
(1) a pharmacist or other authorized person who sells or furnishes a precursor substance on the prescription of a physician, dentist, podiatrist, or veterinarian;
(2) a physician, dentist, podiatrist, or veterinarian who administers or furnishes a precursor substance to patients;
(3) a manufacturer or wholesaler licensed by the state Board of Pharmacy who sells, transfers, or otherwise furnishes a precursor substance to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian; or
(4) the furnishing or receipt of a drug that contains ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine and is lawfully furnished over the counter without a prescription under the Federal Food, Drug, and Cosmetic Act, United States Code, title 21, chapter 9, or regulations adopted under that act.
History:
1990 c 565 s 25
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.10 — Sales, Persons Eligible.

152.10 SALES, PERSONS ELIGIBLE.
No person other than a licensed pharmacist, assistant pharmacist or pharmacist intern under the supervision of a pharmacist shall sell a stimulant or depressant drug and then only as provided in sections 152.021 to 152.12 and 152.0262.
History:
(3906-13) 1939 c 102 s 3; 1967 c 408 s 5; 1991 c 199 art 2 s 1; 2005 c 136 art 7 s 21
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.101 — Manufacturers, Records.

152.101 MANUFACTURERS, RECORDS.
Subdivision 1.
Preparation of record.
Every person engaged in manufacturing, compounding, processing, selling, delivering or otherwise disposing of any controlled substance shall, upon July 1, 1971, May 1, 1973, and every second year thereafter, prepare a complete and accurate record of all stocks of each controlled substance on hand and shall keep such record for two years. When additional controlled substances are designated after July 1, 1971, a similar record must be prepared upon the effective date of their designation. On and after July 1, 1971, every person manufacturing, compounding or processing any controlled substance shall prepare and keep, for not less than two years, a complete and accurate record of the kind and quantity of each drug manufactured, compounded or processed and the date of such manufacture, compounding, or processing; and every person selling, delivering, or otherwise disposing of any controlled substance shall prepare or obtain, and keep for not less than two years, a complete and accurate record of the kind and quantity of each such controlled substance received, sold, delivered, or otherwise disposed of, the name and address from whom it was received and to whom it was sold, delivered or otherwise disposed of, and the date of such transaction. The form of such records shall be prescribed by the state board of pharmacy.
Subd. 2.
Application to doctors.
This section shall not apply to a licensed doctor of medicine, a doctor of osteopathic medicine duly licensed to practice medicine, a licensed doctor of dentistry, a licensed doctor of podiatry, or licensed doctor of veterinary medicine in the course of that doctor's professional practice, unless such practitioner regularly engages in dispensing any such drugs to the practitioner's patients for which the patients are charged, either separately or together with charges for other professional services.
Subd. 3.
Research exception.
This section shall not apply to a person engaged in bona fide research conducted under an exemption granted under applicable federal law.
History:
1967 c 408 s 6; 1971 c 937 s 14; 1973 c 693 s 6; 1986 c 444; 2016 c 119 s 7
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.105 — Disposal.

152.105 DISPOSAL.
Subdivision 1.
Disposal of controlled substances.
Controlled substances listed in section 152.02, subdivisions 3 to 6, may be collected and disposed of only pursuant to the provisions of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, that are applicable to the disposal of controlled substances. Disposal of controlled substances and legend and nonlegend drugs must also comply with the requirements of section 116.07 governing the disposal of hazardous waste, and the rules promulgated thereunder.
Subd. 2.
Sheriff to maintain collection receptacle.
(a) The sheriff of each county shall maintain or contract for the maintenance of at least one collection receptacle for the disposal of noncontrolled substances, pharmaceutical controlled substances, and other legend drugs, as permitted by federal law. For purposes of this section, "legend drug" has the meaning given in section 151.01, subdivision 17. The collection receptacle must comply with federal law. In maintaining and operating the collection receptacle, the sheriff shall follow all applicable provisions of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, as amended through May 1, 2017.
(b) A sheriff may meet the requirements of paragraph (a) by providing public educational information and making an alternative method available to the public, at no charge, for safely destroying unwanted legend drugs, including an at-home prescription drug deactivation and disposal product, so long as the alternative method meets the requirements of the Minnesota Pollution Control Agency, the United States Drug Enforcement Administration, and the Board of Pharmacy.
History:
2016 c 124 s 8; 2017 c 95 art 3 s 4; 2019 c 63 art 2 s 5
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.13 — Duties Of State Board Of Pharmacy.

152.13 DUTIES OF STATE BOARD OF PHARMACY.
It shall be the duty of the state board to enforce the provisions of this chapter, and the power and authority of the board, as now defined by the laws of this state, are hereby extended so as to be commensurate with the duties hereby imposed.
History:
(3899-10) 1921 c 190 s 10; 1967 c 408 s 9
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.135 — Restrictions On Sales, Marketing, And Possession Of Ephedrine.

152.135 RESTRICTIONS ON SALES, MARKETING, AND POSSESSION OF EPHEDRINE.
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.
History:
1998 c 367 art 4 s 6; 2005 c 136 art 7 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.136 — Anhydrous Ammonia; Prohibited Conduct; Criminal Penalties; Civil Liability.

152.136 ANHYDROUS AMMONIA; PROHIBITED CONDUCT; CRIMINAL PENALTIES; CIVIL LIABILITY.
Subdivision 1.
Definitions.
As used in this section, "tamper" means action taken by a person not authorized to take that action by law or by the owner or authorized custodian of an anhydrous ammonia container or of equipment where anhydrous ammonia is used, stored, distributed, or transported.
Subd. 2.
Prohibited conduct.
(a) A person may not:
(1) steal or unlawfully take or carry away any amount of anhydrous ammonia;
(2) purchase, possess, transfer, or distribute any amount of anhydrous ammonia, knowing, or having reason to know, that it will be used to unlawfully manufacture a controlled substance;
(3) place, have placed, or possess anhydrous ammonia in a container that is not designed, constructed, maintained, and authorized to contain or transport anhydrous ammonia;
(4) transport anhydrous ammonia in a container that is not designed, constructed, maintained, and authorized to transport anhydrous ammonia;
(5) use, deliver, receive, sell, or transport a container designed and constructed to contain anhydrous ammonia without the express consent of the owner or authorized custodian of the container; or
(6) tamper with any equipment or facility used to contain, store, or transport anhydrous ammonia.
(b) For the purposes of this subdivision, containers designed and constructed for the storage and transport of anhydrous ammonia are described in rules adopted under section 18C.121, subdivision 1, or in Code of Federal Regulations, title 49.
Subd. 3.
No cause of action.
(a) Except as provided in paragraph (b), a person tampering with anhydrous ammonia containers or equipment under subdivision 2 shall have no cause of action for damages arising out of the tampering against:
(1) the owner or lawful custodian of the container or equipment;
(2) a person responsible for the installation or maintenance of the container or equipment; or
(3) a person lawfully selling or offering for sale the anhydrous ammonia.
(b) Paragraph (a) does not apply to a cause of action against a person who unlawfully obtained the anhydrous ammonia or anhydrous ammonia container or who possesses the anhydrous ammonia or anhydrous ammonia container for any unlawful purpose.
Subd. 4.
Criminal penalty.
A person who knowingly violates subdivision 2 is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $50,000, or both.
History:
2005 c 136 art 7 s 11
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.152 — Stayed Sentence Limited.

152.152 STAYED SENTENCE LIMITED.
If a person is convicted under section 152.021, 152.022, 152.023, or 152.0262, and the Sentencing Guidelines grid calls for a presumptive prison sentence for the offense, the court may stay imposition or execution of the sentence only as provided in this section. The sentence may be stayed based on amenability to probation only if the offender presents adequate evidence to the court that the offender has been accepted by, and can respond to, a treatment program that has been approved by the commissioner of human services. The court may impose a sentence that is a mitigated dispositional departure on any other ground only if the court includes as a condition of probation incarceration in a local jail or workhouse.
History:
1989 c 290 art 3 s 20; 2005 c 136 art 7 s 21
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.20 — Penalties Under Other Laws.

152.20 PENALTIES UNDER OTHER LAWS.
Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
History:
1971 c 937 s 20; 1989 c 290 art 3 s 22
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.205 — Local Regulations.

152.205 LOCAL REGULATIONS.
Sections 152.01, subdivision 18, and 152.093 to 152.095 do not preempt enforcement or preclude adoption of municipal or county ordinances prohibiting or otherwise regulating the manufacture, delivery, possession, or advertisement of drug paraphernalia.
History:
1982 c 557 s 11; 1988 c 665 s 1; 2023 c 52 art 15 s 15
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.23 — Limitations.

152.23 LIMITATIONS.
(a) Nothing in sections 152.22 to 152.37 permits any person to engage in and does not prevent the imposition of any civil, criminal, or other penalties for:
(1) undertaking any task under the influence of medical cannabis that would constitute negligence or professional malpractice;
(2) possessing or engaging in the use of medical cannabis:
(i) on a school bus or van;
(ii) on the grounds of any preschool or primary or secondary school;
(iii) in any correctional facility; or
(iv) on the grounds of any child care facility or home day care;
(3) vaporizing or combusting medical cannabis pursuant to section 152.22, subdivision 6:
(i) on any form of public transportation;
(ii) where the vapor would be inhaled by a nonpatient minor child or where the smoke would be inhaled by a minor child; or
(iii) in any public place, including any indoor or outdoor area used by or open to the general public or a place of employment as defined under section 144.413, subdivision 1b; and
(4) operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat, or working on transportation property, equipment, or facilities while under the influence of medical cannabis.
(b) Nothing in sections 152.22 to 152.37 require the medical assistance and MinnesotaCare programs to reimburse an enrollee or a provider for costs associated with the medical use of cannabis. Medical assistance and MinnesotaCare shall continue to provide coverage for all services related to treatment of an enrollee's qualifying medical condition if the service is covered under chapter 256B or 256L.
History:
2014 c 311 s 3; 2021 c 30 art 3 s 31
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.24 — Federally Approved Clinical Trials.

152.24 FEDERALLY APPROVED CLINICAL TRIALS.
The commissioner may prohibit enrollment of a patient in the registry program if the patient is simultaneously enrolled in a federally approved clinical trial for the treatment of a qualifying medical condition with medical cannabis. The commissioner shall provide information to all patients enrolled in the registry program on the existence of federally approved clinical trials for the treatment of the patient's qualifying medical condition with medical cannabis as an alternative to enrollment in the patient registry program.
History:
2014 c 311 s 4
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.26 — Rulemaking.

152.26 RULEMAKING.
(a) The commissioner may adopt rules to implement sections 152.22 to 152.37. Rules for which notice is published in the State Register before January 1, 2015, may be adopted using the process in section 14.389.
(b) The commissioner may adopt or amend rules, using the procedure in section 14.386, paragraph (a), to implement the addition of dried raw cannabis as an allowable form of medical cannabis under section 152.22, subdivision 6, paragraph (a), clause (4). Section 14.386, paragraph (b), does not apply to these rules.
History:
2014 c 311 s 6; 2021 c 30 art 3 s 32
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.261 — Rules; Adverse Incidents.

152.261 RULES; ADVERSE INCIDENTS.
(a) The commissioner of health shall adopt rules to establish requirements for reporting incidents when individuals who are not authorized to possess medical cannabis under sections 152.22 to 152.37 are found in possession of medical cannabis. The rules must identify professionals required to report, the information they are required to report, and actions the reporter must take to secure the medical cannabis.
(b) The commissioner of health shall adopt rules to establish requirements for law enforcement officials and health care professionals to report incidents involving an overdose of medical cannabis to the commissioner of health.
(c) Rules must include the method by which the commissioner will collect and tabulate reports of unauthorized possession and overdose.
History:
2014 c 311 s 19
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.291 — Tribal Medical Cannabis Program Manufacturer Transportation.

152.291 TRIBAL MEDICAL CANNABIS PROGRAM MANUFACTURER TRANSPORTATION.
(a) A Tribal medical cannabis program manufacturer may transport medical cannabis to testing laboratories in the state and to other Indian lands.
(b) A Tribal medical cannabis program manufacturer must staff a motor vehicle used to transport medical cannabis with at least two employees of the manufacturer. Each employee in the transport vehicle must carry identification specifying that the employee is an employee of the manufacturer, and one employee in the transport vehicle must carry a detailed transportation manifest that includes the place and time of departure, the address of the destination, and a description and count of the medical cannabis being transported.
History:
2023 c 63 art 6 s 20
NOTE:
This section, as added by Laws 2023, chapter 63, article 6, section 20, is repealed effective March 1, 2025. Laws 2023, chapter 63, article 6, section 73, the effective date.
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.30 — Patient Duties.

152.30 PATIENT DUTIES.
(a) A patient shall apply to the commissioner for enrollment in the registry program by submitting an application as required in section 152.27 and an annual registration fee as determined under section 152.35.
(b) As a condition of continued enrollment, patients shall agree to:
(1) continue to receive regularly scheduled treatment for their qualifying medical condition from their health care practitioner; and
(2) report changes in their qualifying medical condition to their health care practitioner.
(c) A patient shall only receive medical cannabis from a registered manufacturer or Tribal medical cannabis program but is not required to receive medical cannabis products from only a registered manufacturer or Tribal medical cannabis program.
History:
2014 c 311 s 10; 2023 c 63 art 6 s 21
NOTE:
This section is repealed by Laws 2023, chapter 63, article 6, section 73, effective March 1, 2025. Laws 2023, chapter 63, article 6, section 73, the effective date.
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.31 — Data Practices.

152.31 DATA PRACTICES.
(a) Government data in patient files maintained by the commissioner and the health care practitioner, and data submitted to or by a medical cannabis manufacturer, are private data on individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in section 13.02, subdivision 9, but may be used for purposes of complying with chapter 13 and complying with a request from the legislative auditor or the state auditor in the performance of official duties. The provisions of section 13.05, subdivision 11, apply to a registration agreement entered between the commissioner and a medical cannabis manufacturer under section 152.25.
(b) Not public data maintained by the commissioner may not be used for any purpose not provided for in sections 152.22 to 152.37, and may not be combined or linked in any manner with any other list, dataset, or database.
(c) The commissioner may execute data sharing arrangements with the commissioner of agriculture to verify licensing, inspection, and compliance information related to hemp growers and hemp processors under chapter 18K.
History:
2014 c 311 s 11; 1Sp2019 c 9 art 11 s 97; 2021 c 30 art 3 s 41
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.34 — Health Care Facilities.

152.34 HEALTH CARE FACILITIES.
(a) Health care facilities licensed under chapter 144A, hospice providers licensed under chapter 144A, boarding care homes or supervised living facilities licensed under section 144.50, assisted living facilities, facilities owned, controlled, managed, or under common control with hospitals licensed under chapter 144, and other health facilities licensed by the commissioner of health, may adopt reasonable restrictions on the use of medical cannabis by a patient enrolled in the registry program who resides at or is actively receiving treatment or care at the facility. The restrictions may include a provision that the facility will not store or maintain the patient's supply of medical cannabis, that the facility is not responsible for providing the medical cannabis for patients, and that medical cannabis be used only in a place specified by the facility.
(b) Any employee or agent of a facility listed in this section or a person licensed under chapter 144E is not subject to violations under this chapter for possession of medical cannabis while carrying out employment duties, including providing or supervising care to a registered patient, or distribution of medical cannabis to a registered patient who resides at or is actively receiving treatment or care at the facility with which the employee or agent is affiliated. Nothing in this section shall require the facilities to adopt such restrictions and no facility shall unreasonably limit a patient's access to or use of medical cannabis to the extent that use is authorized by the patient under sections 152.22 to 152.37.
History:
2014 c 311 s 14; 2015 c 74 s 6; 1Sp2019 c 9 art 11 s 101
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.35 — Fees; Deposit Of Revenue.

152.35 FEES; DEPOSIT OF REVENUE.
(a) The commissioner shall collect an application fee of $20,000 from each entity submitting an application for registration as a medical cannabis manufacturer. Revenue from the fee shall be deposited in the state treasury and credited to the state government special revenue fund.
(b) The commissioner shall establish and collect an annual fee from a medical cannabis manufacturer equal to the cost of regulating and inspecting the manufacturer in that year. Revenue from the fee amount shall be deposited in the state treasury and credited to the state government special revenue fund.
(c) A medical cannabis manufacturer may charge patients enrolled in the registry program a reasonable fee for costs associated with the operations of the manufacturer. The manufacturer may establish a sliding scale of patient fees based upon a patient's household income and may accept private donations to reduce patient fees.
History:
2014 c 311 s 15; 2020 c 115 art 1 s 13; 2023 c 63 art 6 s 24
NOTE:
This section, as amended by Laws 2023, chapter 63, article 6, section 24, is repealed effective March 1, 2025. Laws 2023, chapter 63, article 6, section 73, the effective date.
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.37 — Financial Examinations; Pricing Reviews.

152.37 FINANCIAL EXAMINATIONS; PRICING REVIEWS.
Subdivision 1.
Financial records.
A medical cannabis manufacturer shall maintain detailed financial records in a manner and format approved by the commissioner, and shall keep all records updated and accessible to the commissioner when requested.
Subd. 2.
Certified annual audit.
A medical cannabis manufacturer shall submit the results of an annual certified financial audit to the commissioner no later than May 1 of each year for the calendar year beginning January 2015. The annual audit shall be conducted by an independent certified public accountant and the costs of the audit are the responsibility of the medical cannabis manufacturer. Results of the audit shall be provided to the medical cannabis manufacturer and the commissioner. The commissioner may also require another audit of the medical cannabis manufacturer by a certified public accountant chosen by the commissioner with the costs of the audit paid by the medical cannabis manufacturer.
Subd. 3.
Power to examine.
(a) The commissioner or designee may examine the business affairs and conditions of any medical cannabis manufacturer, including but not limited to a review of the financing, budgets, revenues, sales, and pricing.
(b) An examination may cover the medical cannabis manufacturer's business affairs, practices, and conditions including but not limited to a review of the financing, budgets, revenues, sales, and pricing. The commissioner shall determine the nature and scope of each examination and in doing so shall take into account all available relevant factors concerning the financial and business affairs, practices, and conditions of the examinee. The costs incurred by the department in conducting an examination shall be paid for by the medical cannabis manufacturer.
(c) When making an examination under this section, the commissioner may retain attorneys, appraisers, independent economists, independent certified public accountants, or other professionals and specialists as designees. A certified public accountant retained by the commissioner may not be the same certified public accountant providing the certified annual audit in subdivision 2.
(d) The commissioner shall make a report of an examination conducted under this section and provide a copy to the medical cannabis manufacturer. The commissioner shall then post a copy of the report on the department's website. All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the commissioner or any other person in the course of an examination, other than the information contained in any commissioner official report, made under this section are private data on individuals or nonpublic data, as defined in section 13.02.
History:
2014 c 311 s 17; 2015 c 74 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153 — Podiatry › Section 153.01 — Definitions.

153.01 DEFINITIONS.
Subdivision 1.
Words, terms, and phrases.
Unless the language or context clearly indicates that a different meaning is intended, the following words, terms, and phrases, for the purposes of this chapter, shall be given the meanings subjoined to them.
Subd. 2.
Podiatric medicine.
"Podiatric medicine" means the diagnosis or medical, mechanical, or surgical treatment of the ailments of the human hand, foot, ankle, and the soft tissue of the lower leg distal to the tibial tuberosity. Medical or surgical treatment includes partial foot amputation and excludes amputation of the hand or fingers. Use of local anesthetics is within the scope of medical and surgical management in patient care. Use of anesthetics, other than local, is excluded, except as provided in section 153.26. Podiatric medicine includes the prescribing or recommending of appliances, devices, or shoes for the correction or relief of foot ailments. Podiatric medicine includes the prescribing or administering of any drugs or medications necessary or helpful to the practice of podiatric medicine as defined by this subdivision. For a podiatrist who has completed a residency, podiatric medicine includes the performance of all or part of the medical history and physical examination for the purpose of hospital admission for podiatric management or preoperative podiatric surgery.
Subd. 3.
Board.
"Board" means the Board of Podiatric Medicine of the state of Minnesota.
Subd. 4.
[Repealed, 1987 c 108 s 17]
History:
(5769, 5783) 1917 c 382 s 2,16; 1935 c 266 s 1; 1957 c 192 s 1; 1959 c 70 s 1; 1961 c 369 s 2; 1973 c 693 s 19; 1975 c 271 s 6; 1987 c 108 s 1,2; 1990 c 540 s 1; 2004 c 279 art 8 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153 — Podiatry › Section 153.02 — Board Of Podiatric Medicine.

153.02 BOARD OF PODIATRIC MEDICINE.
The governor shall appoint a Board of Podiatric Medicine consisting of two public members as defined by section 214.02 and five resident podiatrists. The podiatrists must each hold a degree of doctor of podiatric medicine and be licensed to practice podiatric medicine under this chapter. Membership terms, compensation of members, removal of members, the filling of membership vacancies, and fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09. The provision of staff, administrative services and office space; the review and processing of complaints; the setting of board fees; and other provisions related to board operations shall be as provided in chapter 214.
The board shall elect from among its members a president and a secretary-treasurer. The board may adopt rules as necessary to carry out the purposes of this chapter. The members of the board may administer oaths and take testimony as to matters pertaining to the duties of the board. Four members of the board shall constitute a quorum for the transaction of business. The board shall have a common seal, which shall be kept by the executive director.
History:
(5770) 1917 c 382 s 3; 1961 c 369 s 1; 1973 c 638 s 31; 1975 c 136 s 32; 1975 c 271 s 6; 1976 c 222 s 96; 1976 c 239 s 59; 1987 c 108 s 3; 1991 c 199 art 1 s 46
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153 — Podiatry › Section 153.03 — Expenses.

153.03 EXPENSES.
The expenses of administering Laws 1987, chapter 108, sections 1 to 16, shall be paid from the appropriations made to the board.
History:
(5771) 1917 c 382 s 4; Ex1933 c 27 s 1; 1935 c 266 s 2; 1939 c 160 s 1; 1973 c 638 s 32; 1975 c 136 s 33; 1976 c 222 s 97; 1987 c 108 s 4
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153 — Podiatry › Section 153.17 — Practicing Without License; Penalty.

153.17 PRACTICING WITHOUT LICENSE; PENALTY.
Subdivision 1.
Unlawful practice of podiatric medicine.
It is unlawful for any person not holding a valid license or permit issued in accordance with this chapter to practice podiatric medicine as defined in section 153.01, subdivision 2, in this state.
Subd. 2.
Practice of podiatric medicine defined.
It is unlawful for any person not holding a valid license or permit issued in accordance with this chapter to:
(1) advertise, hold out to the public, or represent in any manner that the person is authorized to practice podiatric medicine in this state;
(2) use in the conduct of any occupation or profession pertaining to the diagnosis or medical, mechanical, or surgical treatment of the ailments of the human hand, foot, ankle, or soft tissue of the lower leg distal to the tibial tuberosity, the designation "doctor of podiatric medicine," "podiatrist," "DPM," "podiatric physician," "chiropodist," "foot specialist," or "foot doctor," or uses any title, degree, letter, syllable, word, or words that would tend to lead the public to believe that person was authorized to practice or assume duties incident to the practice of podiatric medicine.
Subd. 3.
Penalty.
Any person violating the provisions of subdivision 1 or 2 is guilty of a gross misdemeanor.
History:
1987 c 108 s 6; 1999 c 67 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153 — Podiatry › Section 153.18 — Exemptions.

153.18 EXEMPTIONS.
Section 153.17 does not apply to, control, prevent, or restrict the practice, service, or activities of:
(1) a person who is a commissioned medical officer of, a member of, or employed by, the armed forces of the United States, the United States Public Health Service, the Veterans Administration, any federal institution or any federal agency while engaged in the performance of official duties within this state, if the person is licensed elsewhere;
(2) a person licensed by a health-related licensing board, as defined in section 214.01, subdivision 2, or registered by the commissioner of health under section 214.13, if the person's professional activities are confined within the scope of the license;
(3) a Christian Scientist or other person who endeavors to prevent or cure disease or suffering exclusively by mental or spiritual means or by prayer.
History:
1987 c 108 s 7
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153 — Podiatry › Section 153.20 — Podiatrist Cooperation.

153.20 PODIATRIST COOPERATION.
A podiatrist who is the subject of an investigation by or on behalf of the board shall cooperate fully with the investigation. Cooperation includes responding fully and promptly to any question raised by or on behalf of the board relating to the subject of the investigation and providing copies of patient medical records, as reasonably requested by the board, to assist the board in its investigation. The board shall pay for copies requested. If the board does not have a written consent from a patient permitting access to the patient's records, the podiatrist shall delete any data in the record that identifies the patient before providing it to the board. The board shall maintain any records obtained under this section as investigative data under chapter 13.
History:
1987 c 108 s 9