reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.102 — Pharmacy Technician.

151.102 PHARMACY TECHNICIAN.
Subdivision 1.
General.
A pharmacy technician may assist a pharmacist in the practice of pharmacy by performing tasks that are not reserved to, and do not require the professional judgment of, a licensed pharmacist. A pharmacy technician works under the personal and direct supervision of the pharmacist. A pharmacist may supervise up to three technicians. A pharmacist is responsible for all the work performed by the technicians who are under the supervision of the pharmacist. A pharmacy may exceed the ratio of pharmacy technicians to pharmacists permitted in this subdivision or in rule by a total of one technician at any given time in the pharmacy, provided at least one technician in the pharmacy holds a valid certification from the Pharmacy Technician Certification Board or from another national certification body for pharmacy technicians that requires passage of a nationally recognized, psychometrically valid certification examination for certification as determined by the Board of Pharmacy. The Board of Pharmacy may, by rule, set ratios of technicians to pharmacists greater than three to one for the functions specified in rule.
Subd. 2.
Waivers by board permitted.
A pharmacist in charge in a pharmacy may petition the board for authorization to allow a pharmacist to supervise more than three pharmacy technicians. The pharmacist's petition must include provisions addressing how patient care and safety will be maintained. A petition filed with the board under this subdivision shall be deemed approved 90 days after the board receives the petition, unless the board denies the petition within 90 days of receipt and notifies the petitioning pharmacist of the petition's denial and the board's reasons for denial.
Subd. 3.
Registration fee.
The board shall not register an individual as a pharmacy technician unless all applicable fees specified in section 151.065 have been paid.
History:
1997 c 132 s 3; 1999 c 63 s 1; 2000 c 276 s 1; 1Sp2011 c 9 art 5 s 20; 2015 c 71 art 10 s 33
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.12 — Reciprocity; Licensure.

151.12 RECIPROCITY; LICENSURE.
The board may in its discretion grant licensure without examination to any pharmacist licensed by the Board of Pharmacy or a similar board of another state which accords similar recognition to licensees of this state; provided, the requirements for licensure in such other state are in the opinion of the board equivalent to those herein provided. The fee for licensure shall be in the amount specified in section 151.065.
History:
(5808-12) 1937 c 354 s 12; 1961 c 394 s 4; 1973 c 639 s 5; 1976 c 222 s 87; 1Sp2011 c 9 art 5 s 21
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.13 — Renewal Fee; Continuing Education.

151.13 RENEWAL FEE; CONTINUING EDUCATION.
Subdivision 1.
Renewal fee.
Every person licensed by the board as a pharmacist shall pay to the board the annual renewal fee specified in section 151.065. The board may charge the late fee specified in section 151.065 if the renewal fee and application are not received by the board prior to the date specified by the board. It shall be unlawful for any person licensed as a pharmacist who refuses or fails to pay any applicable renewal or late fee to practice pharmacy in this state. Every certificate and license shall expire at the time therein prescribed.
Subd. 2.
Continuing education.
The board may appoint an advisory task force on continuing education, consisting of not more than ten members, to study continuing education programs and requirements and to submit its report and recommendations to the board. The task force shall expire, and the compensation and removal of members shall be as provided in section 15.059.
History:
(5808-13) 1937 c 354 s 13; 1961 c 394 s 5; 1969 c 486 s 1; 1973 c 655 s 1; 1976 c 222 s 88; 1983 c 260 s 38; 1990 c 412 s 3; 1Sp2011 c 9 art 5 s 22
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.14 — Reinstatements.

151.14 REINSTATEMENTS.
Any person who has been licensed by the board and has defaulted in the payment of the renewal fee may be reinstated within two years of such default without examination, upon payment of the arrears and upon compliance with the provisions of section 151.13, subdivision 2.
History:
(5808-14) 1937 c 354 s 14; 1973 c 655 s 2; 1976 c 222 s 89
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.16 — Violation A Gross Misdemeanor.

151.16 VIOLATION A GROSS MISDEMEANOR.
Every person who violates any of the provisions of section 151.15, when the death of a human being results from such violation shall be guilty of a gross misdemeanor. This section is supplementary to existing laws relating to homicide and not a repeal thereof.
History:
(5808-17) 1937 c 354 s 17
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.17 — Unlawful Use Of "pharmacist."

151.17 UNLAWFUL USE OF "PHARMACIST."
It shall be unlawful for any person to falsely assume or pretend to the title of pharmacist.
History:
(5808-18) 1937 c 354 s 18
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.18 — Unlawful To Use Misleading Name.

151.18 UNLAWFUL TO USE MISLEADING NAME.
It is unlawful for any person to carry on, conduct, or transact a retail business under a name which contains as a part thereof the words "drugs," "drug store," "pharmacy," "medicine," "apothecary," or "chemist shop," or any abbreviation, translation, extension, or variation thereof; or in any manner by advertisement, circular, or poster, sign or otherwise, describe or refer to the place of business conducted by such person by such term, abbreviation, translation, extension, or variation unless the place so conducted is a pharmacy.
History:
(5808-19) 1937 c 354 s 19
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.212 — Label Of Prescription Drug Containers.

151.212 LABEL OF PRESCRIPTION DRUG CONTAINERS.
Subdivision 1.
Prescription drugs.
Drugs dispensed pursuant to a prescription shall bear a label permanently affixed to the immediate container in which the drug is dispensed and which is received by the purchaser. The label shall bear the name of the manufacturer or distributor of the finished dosage form of the drug and all other information required by law and by rules of the board.
Subd. 2.
Controlled substances.
(a) In addition to the requirements of subdivision 1, when the use of any drug containing a controlled substance, as defined in chapter 152, or any other drug determined by the board, either alone or in conjunction with alcoholic beverages, may impair the ability of the user to operate a motor vehicle, the board shall require by rule that notice be prominently set forth on the label or container. Rules promulgated by the board shall specify exemptions from this requirement when there is evidence that the user will not operate a motor vehicle while using the drug.
(b) In addition to the requirements of subdivision 1, whenever a prescription drug containing an opiate is dispensed to a patient for outpatient use, the pharmacy or practitioner dispensing the drug must prominently display on the label or container a notice that states "Caution: Opioid. Risk of overdose and addiction."
Subd. 3.
Veterinary drugs.
Drugs dispensed, sold, or distributed in any manner pursuant to the order of a licensed veterinarian shall bear a label permanently affixed to the container in which the drug is dispensed and which is received by the purchaser. The label shall bear the name of the manufacturer or distributor of the finished dosage form of the drug and all other information required by law and the rules of the board.
History:
1969 c 933 s 12; 1975 c 101 s 3; 1975 c 356 s 1; 1976 c 338 s 5; 1985 c 248 s 70; 1988 c 550 s 13,14; 1Sp2017 c 6 art 12 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.213 — Copies Of Prescriptions.

151.213 COPIES OF PRESCRIPTIONS.
Prescriptions on file in a pharmacy are not a public record. A person having custody of or access to such prescription orders shall not divulge the contents thereof or provide a copy thereof to anyone except to:
(1) the patient for whom the prescription was issued, the patient's agent, or another pharmacist acting on behalf of the patient or the patient's agent;
(2) the licensed practitioner who issued the prescription;
(3) the licensed practitioner who is then treating the patient;
(4) a member, inspector, or investigator of the board or any federal, state, county, or municipal officer whose duty it is to enforce the laws of this state or the United States relating to drugs and who is engaged in a specific investigation involving a designated person or drug;
(5) an agency of government charged with the responsibility of providing medical care for the patient;
(6) an insurance carrier or attorney on receipt of written authorization signed by the patient or the patient's legal representative, authorizing the release of such information;
(7) any person duly authorized by a court order.
Such copies furnished shall bear on the face thereof the statement "Copy for information only," and may be filed to account for the dispensing of a drug only if such dispensing is authorized in writing or orally by the prescriber and communicated to the pharmacist dispensing and filing such copy.
History:
1969 c 933 s 13; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.214 — Payment Disclosure.

151.214 PAYMENT DISCLOSURE.
Subdivision 1.
Explanation of pharmacy benefits.
A pharmacist licensed under this chapter must provide to a patient, for each prescription dispensed where part or all of the cost of the prescription is being paid or reimbursed by an employer-sponsored plan or health plan company, or its contracted pharmacy benefit manager, the patient's co-payment amount and the pharmacy's own usual and customary price of the prescription or the amount the pharmacy will be paid for the prescription drug by the patient's employer-sponsored plan or health plan company, or its contracted pharmacy benefit manager.
Subd. 2.
MS 2018 [Repealed, 2019 c 39 s 23]
History:
2004 c 268 s 13; 2004 c 288 art 3 s 5; 2005 c 10 art 1 s 82; 2006 c 267 art 1 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.215 — Certification.

151.215 CERTIFICATION.
A pharmacist must certify a prescription, in compliance with Minnesota Board of Pharmacy rules, before the prescription is dispensed, delivered, mailed, or shipped to a patient or a patient's caregiver. However, if the prescription has been certified by a pharmacist at a licensed central service pharmacy, in compliance with Minnesota Board of Pharmacy rules, an additional certification is not required at the pharmacy that dispenses, mails, or ships the completed prescription to the patient.
History:
2007 c 103 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.22 — Liability For Quality Of Drugs.

151.22 LIABILITY FOR QUALITY OF DRUGS.
Every pharmacist in charge or proprietor of a pharmacy shall be responsible for the quality of all drugs, medicines, chemicals, and poisons procured for use and sold therein, except proprietary medicines or other articles sold in the original package of the manufacturer.
History:
(5808-23) 1937 c 354 s 23; 1969 c 933 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.23 — Poisons Must Be Labeled.

151.23 POISONS MUST BE LABELED.
It shall be unlawful for any person to sell at retail any poison without affixing to the package or receptacle containing the same a label conspicuously bearing the word "poison," and the name and the business address of the seller, and being satisfied that such poison is to be legitimately used. This section shall not apply to the sale of poison on a physician's written prescription or in the original package of the manufacturer.
History:
(5808-24) 1937 c 354 s 24; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.24 — Sale Of Poisons Must Be Recorded.

151.24 SALE OF POISONS MUST BE RECORDED.
It shall be unlawful:
(1) for any person, either acting independently or while in the employ of another, to sell or give away any poison, as designated by the board, without first recording in a book to be kept for that purpose with an indelible pencil or ink the date, the name and address of the person to whom, and the amount and kind of poison, delivered, except when such poison is sold on the written prescription of a physician;
(2) to give a false name to be recorded;
(3) for any person having custody of any such record book to refuse to produce it on demand for the inspection of any authorized agent of the board or other duly authorized officer.
History:
(5808-25) 1937 c 354 s 25; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.27 — Expenses.

151.27 EXPENSES.
The expenses of administering sections 151.01 to 151.40 shall be paid from the appropriations made to the State Board of Pharmacy.
History:
(5808-28) 1937 c 354 s 28; 1973 c 638 s 30; 1976 c 222 s 92
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.29 — Violation A Misdemeanor.

151.29 VIOLATION A MISDEMEANOR.
Any person violating any of the provisions of this chapter, or rules hereunder, shall be guilty of a misdemeanor, unless otherwise provided.
History:
(5808-30) 1937 c 354 s 30; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.30 — County Attorney To Prosecute.

151.30 COUNTY ATTORNEY TO PROSECUTE.
It shall be the duty of the county attorney of the county wherein any offense under this chapter is committed to prosecute the offender, except that when offenses hereunder are committed in cities of the first class it shall be the duty of the city attorney thereof to prosecute the offender. Such prosecutor is authorized to examine the books of any manufacturer or wholesale dealer within the state for the purpose of acquiring information to aid in the prosecution.
History:
(5808-31) 1937 c 354 s 31
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.301 — Reports To Commissioner Of Health.

151.301 REPORTS TO COMMISSIONER OF HEALTH.
(a) The board shall maintain a record of an event that comes to the board's attention that, in the judgment of the board or a committee of the board, qualifies as an adverse health care event under section 144.7065.
(b) Within 30 days of making a determination under paragraph (a) that an event qualifies as an adverse health care event, the board shall forward to the commissioner of health a report of the event, including the facility involved, the date of the event, and information known to the board regarding the event. The report shall not include any identifying information for any of the health care professionals, facility employees, or patients involved.
History:
2004 c 186 s 9
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.302 — Immunity.

151.302 IMMUNITY.
Members of the board and persons employed by the board or engaged in maintaining records and making reports regarding adverse health care events are immune from civil liability and criminal prosecution for any actions, transactions, or publications in the execution of or relating to their duties under section 151.301.
History:
2004 c 186 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.32 — Citation.

151.32 CITATION.
The title of sections 151.01 to 151.58 shall be the Pharmacy Practice and Wholesale Distribution Act.
History:
(5808-35) 1937 c 354 s 35; 1988 c 550 s 17; 2017 c 40 art 1 s 40; 1Sp2019 c 9 art 10 s 40
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.33 — Careless Distribution Of Drugs.

151.33 CARELESS DISTRIBUTION OF DRUGS.
Subdivision 1.
Prohibited.
No person, directly or indirectly, by agent or otherwise, shall scatter, distribute, or give away any samples of any medicine, drugs, or medical compounds, salve, or liniment of any kind unless the same is delivered into the hands of an adult person, or mailed to such persons through the regular mail service.
Subd. 2.
Penalty.
Any person violating any provision of this section shall be guilty of a misdemeanor.
History:
(10275, 10276) 1905 c 33 s 1,2; 1971 c 23 s 15
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.335 — Delivery Through Common Carrier; Compliance With Temperature Requirements.

151.335 DELIVERY THROUGH COMMON CARRIER; COMPLIANCE WITH TEMPERATURE REQUIREMENTS.
In addition to complying with the requirements of Minnesota Rules, part 6800.3000, a mail order or specialty pharmacy that employs the United States Postal Service or other common carrier to deliver a filled prescription directly to a patient must ensure that the drug is delivered in compliance with temperature requirements established by the manufacturer of the drug. The pharmacy must develop written policies and procedures that are consistent with United States Pharmacopeia, chapters 1079 and 1118, and with nationally recognized standards issued by standard-setting or accreditation organizations recognized by the board through guidance. The policies and procedures must be provided to the board upon request.
History:
1Sp2021 c 7 art 5 s 3
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.34 — Prohibited Acts.

151.34 PROHIBITED ACTS.
It shall be unlawful to:
(1) manufacture, sell or deliver, hold or offer for sale any drug that is adulterated or misbranded;
(2) adulterate or misbrand any drug;
(3) receive in commerce any drug that is adulterated or misbranded, and to deliver or proffer delivery thereof for pay or otherwise;
(4) refuse to permit entry or inspection, or to permit the taking of a sample, or to permit access to or copying of any record as authorized by this chapter;
(5) remove or dispose of a detained or embargoed article in violation of this chapter;
(6) alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling of, or to do any other act with respect to a drug, if such act is done while such drug is held for sale and results in such drug being adulterated or misbranded;
(7) use for a person's own advantage or to reveal other than to the board or its authorized representative or to the courts when required in any judicial proceeding under this chapter any information acquired under authority of this chapter concerning any method or process that is a trade secret and entitled to protection;
(8) use on the labeling of any drug any representation or suggestion that an application with respect to such drug is effective under the federal act or that such drug complies with such provisions;
(9) in the case of a manufacturer, packer, or distributor offering legend drugs for sale within this state, fail to maintain for transmittal or to transmit, to any practitioner licensed by applicable law to administer such drug who makes written request for information as to such drug, true and correct copies of all printed matter that is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the federal act. Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under provisions of this chapter;
(10) conduct a pharmacy without a pharmacist in charge;
(11) dispense a legend drug without first obtaining a valid prescription for that drug;
(12) conduct a pharmacy without proper registration with the board;
(13) practice pharmacy without being licensed to do so by the board;
(14) sell at retail federally restricted medical gases without proper registration with the board except as provided in this chapter; or
(15) sell any compound, substance, or derivative that is not approved for human consumption by the United States Food and Drug Administration or specifically permitted for human consumption under Minnesota law, and, when introduced into the body, induces an effect similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the purpose of human consumption.
History:
1969 c 933 s 15; 1971 c 25 s 35; 1988 c 550 s 18; 1989 c 314 s 2; 1990 c 412 s 4; 2014 c 285 s 5
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.35 — Drugs, Adulteration.

151.35 DRUGS, ADULTERATION.
A drug shall be deemed to be adulterated:
(1) if it consists in whole or in part of any filthy, putrid or decomposed substance; or if it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been rendered injurious to health, or whereby it may have been contaminated with filth; or if the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice as required under the federal act to assure that such drug is safe and has the identity, strength, quality, and purity characteristics, which it purports or is represented to possess; or the facility in which it was produced was not registered by the United States Food and Drug Administration or licensed by the board; or, its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or it bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of the federal act, or it is a color additive, the intended use of which in or on drugs is for the purposes of coloring only, and is unsafe within the meaning of the federal act;
(2) if it purports to be or is represented as a drug the name of which is recognized in the United States Pharmacopoeia or the National Formulary, and its strength differs from, or its quality or purity falls below, the standard set forth therein. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium, or in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in the United States Pharmacopoeia or the National Formulary shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in such compendium, if its difference in strength, quality, or purity from such standard is plainly stated on its label;
(3) if it is not subject to the provisions of paragraph (2) and its strength differs from, or its purity or quality differs from that which it purports or is represented to possess;
(4) if any substance has been mixed or packed therewith so as to reduce its quality or strength, or substituted wholly or in part therefor.
History:
1969 c 933 s 16; 2014 c 285 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.36 — Drugs, Misbranding.

151.36 DRUGS, MISBRANDING.
A drug shall be deemed to be misbranded:
(1) if its labeling is false or misleading in any particular;
(2) if in package form and not dispensed pursuant to a prescription unless it bears a label containing (a) the name and place of business of the manufacturer, packer, or distributor, (b) a statement of ingredients, and (c) an accurate statement of the net quantity of the contents in terms of weight, measure, or numerical count, provided, however, that under (c) reasonable variations shall be permitted, and exceptions as to small packages shall be allowed in accordance with the federal act;
(3) if any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices, in the labeling) and in such terms as to render it to be read and understood by the ordinary individual under customary conditions of purchase and use;
(4) if it otherwise fails to meet the labeling requirements of the federal act.
History:
1969 c 933 s 17; 2014 c 285 s 7
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.361 — Manufacturer Disclosure.

151.361 MANUFACTURER DISCLOSURE.
Subdivision 1.
After January 1, 1976.
The manufacturer, packager, or distributor of any human use legend drug sold, delivered, or offered for sale in the state of Minnesota after January 1, 1976 must have printed on the label on the immediate container of the drug the name and address of the manufacturer of the finished dosage form of the drug.
Subd. 2.
After January 1, 1983.
(a) No legend drug in solid oral dosage form may be manufactured, packaged or distributed for sale in this state after January 1, 1983 unless it is clearly marked or imprinted with a symbol, number, company name, words, letters, national drug code or other mark uniquely identifiable to that drug product. An identifying mark or imprint made as required by federal law or by the federal Food and Drug Administration shall be deemed to be in compliance with this section.
(b) The Board of Pharmacy may grant exemptions from the requirements of this section on its own initiative or upon application of a manufacturer, packager, or distributor indicating size or other characteristics that render the product impractical for the imprinting required by this section.
Subd. 3.
Penalty.
Failure to comply with the requirements of this section shall subject a drug to embargo in accordance with section 151.38.
History:
1975 c 101 s 4; 1981 c 206 s 1; 2014 c 291 art 5 s 12
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.38 — Embargoes.

151.38 EMBARGOES.
(1) Whenever a duly authorized agent of the board finds or has probable cause to believe that any drug or medicine is adulterated, or so misbranded as to be dangerous or fraudulent, or is being sold, delivered, or offered for sale in violation of section 151.361, the agent shall affix thereto an appropriate marking, giving notice that the article is, or is suspected of being, adulterated, misbranded or sold, delivered, or offered for sale in violation of section 151.361 and has been embargoed, and warning that it is unlawful for any person to remove or dispose of the embargoed article by sale or otherwise without permission from the agent or the court.
(2) When an embargoed article has been found by the agent to be adulterated or misbranded, or is being sold, delivered, or offered for sale in violation of section 151.361, the board shall, within 30 days, petition the district court in whose jurisdiction the article is embargoed for an order of condemnation. When an embargoed article is not so found by the agent, the agent shall remove the marking.
(3) If the court finds that an embargoed article is adulterated or misbranded, or is being sold, delivered, or offered for sale in violation of section 151.361, the article shall be destroyed at the expense of the claimant thereof, who shall also pay all court costs and fees, storage and other proper expenses. If the adulteration or misbranding, or lack of manufacturer disclosure as required by section 151.361 can be corrected by proper labeling or processing of the article, or by filing the proper documents with the court, the court, after the costs, fees, and expenses have been paid and a sufficient bond has been executed, may order that the article be delivered to the claimant for labeling, processing or filing under supervision of an agent of the board. The expense of the supervision shall be paid by claimant. The bond shall be returned to the claimant on the representation to the court by the board that the article is no longer in violation of this chapter and that the expenses of supervision have been paid.
History:
1969 c 933 s 19; 1975 c 101 s 5; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.39 — Distressed Drugs.

151.39 DISTRESSED DRUGS.
Subdivision 1.
Definition.
Distressed drugs shall mean drugs or medicines which have been subjected to accident, fire, flood, adverse temperatures, or other physical influences which could affect the potency, quality, purity, or efficacy of such drug or medicine could otherwise cause the drug or medicine to be adulterated or misbranded within the meaning of the provisions of this chapter.
Subd. 2.
Prohibition.
No person shall sell, barter, vend, give away, or exchange distressed drugs until the board has determined that such drugs are not adulterated or misbranded within the meaning of this chapter.
Subd. 3.
Notification.
Every person who owns or controls distressed drugs shall immediately notify the board of the existence of such drugs and the location thereof and the board shall promptly cause an inspection and examination to be made of such drugs.
Subd. 3a.
Importation.
No person may import distressed drugs into this state without notification to the board of the source, destination, kind and quantity of such drugs. Such drugs may not be sold or offered for sale without written approval of the board. The board shall grant such approval when the applicant has clearly demonstrated that such distressed drugs were inspected on the site within a reasonable period after the occurrence set forth in subdivision 1 by an agency of the foreign state satisfactory to the board and the furnishing of a written certification by such agency in such form as is satisfactory to the board indicating that there is no reasonable cause to believe the drugs are not adulterated or misbranded. Nothing herein shall be construed to prevent the board from exerting its authority and rights set forth in section 151.38 after such drugs have entered this state.
Subd. 4.
Board certification.
The board shall, within 30 days of such notification, indicate whether or not it has probable cause to believe that such drugs are adulterated or misbranded within the meaning of this chapter. If the board determines that no such probable cause exists, it shall furnish the owner or person having control of such drugs a written certificate to that effect. If the board has probable cause to believe that the drugs are adulterated or misbranded, it shall follow the procedure set forth in section 151.38.
History:
1969 c 933 s 20; 1971 c 24 s 14; 1973 c 639 s 10; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.43 — Scope.

151.43 SCOPE.
Sections 151.43 to 151.471 apply to any person engaging in the wholesale distribution of drugs within the state and to persons operating as third-party logistics providers.
History:
1990 c 526 s 6; 1990 c 568 art 2 s 21; 1Sp2019 c 9 art 10 s 43; 2020 c 83 art 1 s 42
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.46 — Prohibited Drug Purchases Or Receipt.

151.46 PROHIBITED DRUG PURCHASES OR RECEIPT.
It is unlawful for any person to knowingly purchase or receive a prescription drug from a source other than a person or entity licensed under the laws of the state, except where otherwise provided. Licensed wholesale drug distributors and licensed third-party logistics providers shall not dispense or distribute drugs directly to patients. A person violating the provisions of this section is guilty of a misdemeanor.
History:
1990 c 526 s 9; 1990 c 568 art 2 s 24; 1Sp2019 c 9 art 10 s 45
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.461 — Gifts To Practitioners Prohibited.

151.461 GIFTS TO PRACTITIONERS PROHIBITED.
It is unlawful for any manufacturer or wholesale drug distributor, or any agent thereof, to offer or give any gift of value to a practitioner. A medical device manufacturer that distributes drugs as an incidental part of its device business shall not be considered a manufacturer, a wholesale drug distributor, or agent under this section. As used in this section, "gift" does not include:
(1) professional samples of a drug provided to a prescriber for free distribution to patients;
(2) items with a total combined retail value, in any calendar year, of not more than $50;
(3) a payment to the sponsor of a medical conference, professional meeting, or other educational program, provided the payment is not made directly to a practitioner and is used solely for bona fide educational purposes;
(4) reasonable honoraria and payment of the reasonable expenses of a practitioner who serves on the faculty at a professional or educational conference or meeting;
(5) compensation for the substantial professional or consulting services of a practitioner in connection with a genuine research project;
(6) publications and educational materials; or
(7) salaries or other benefits paid to employees.
History:
1993 c 345 art 5 s 11
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 151 — Pharmacy Practice And Wholesale Distribution Act › Section 151.56 — County Return Of Unused Drugs Or Medical Devices.

151.56 COUNTY RETURN OF UNUSED DRUGS OR MEDICAL DEVICES.
Notwithstanding Minnesota Rules, part 6800.2700, pharmacies may accept returns of and redispense unopened, unused drugs in board-approved unit dose packaging and medical devices from county jails and juvenile correctional facilities. In order to return unused drugs and medical devices, the county jail or juvenile correctional facility must have a correctional employee trained in the delivery and storage of medications on hand 24 hours a day, seven days a week, and the medication must be stored in a secured locked storage locker.
History:
2007 c 103 s 4; 2008 c 321 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.024 — Controlled Substance Crime In The Fourth Degree.

152.024 CONTROLLED SUBSTANCE CRIME IN THE FOURTH DEGREE.
Subdivision 1.
Sale crimes.
A person is guilty of controlled substance crime in the fourth degree if:
(1) the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols;
(2) the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV or V to a person under the age of 18; or
(3) the person conspires with or employs a person under the age of 18 to unlawfully sell a controlled substance classified in Schedule IV or V.
Subd. 2.
Possession crimes.
A person is guilty of controlled substance crime in the fourth degree if:
(1) the person unlawfully possesses one or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units, and equals ten or more dosage units; or
(2) the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols, with the intent to sell it.
Subd. 3.
Penalty.
A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $100,000, or both.
History:
1989 c 290 art 3 s 11; 1990 c 602 art 7 s 5; 1991 c 279 s 6; 1993 c 326 art 13 s 8; 1995 c 244 s 4; 1997 c 239 art 4 s 12; 2016 c 160 s 6; 2023 c 63 art 4 s 16
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.025 — Controlled Substance Crime In The Fifth Degree.

152.025 CONTROLLED SUBSTANCE CRIME IN THE FIFTH DEGREE.
Subdivision 1.
Sale crimes.
A person is guilty of a controlled substance crime in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV.
Subd. 2.
Possession and other crimes.
A person is guilty of controlled substance crime in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
(1) the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products or a residual amount of one or more mixtures of controlled substances contained in drug paraphernalia; or
(2) the person procures, attempts to procure, possesses, or has control over a controlled substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.
Subd. 3.
[Repealed, 2009 c 83 art 3 s 24]
Subd. 4.
Penalty.
(a) A person convicted under the provisions of subdivision 2, clause (1), who has not been previously convicted of a violation of this chapter or a similar offense in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if the controlled substance was possessed in dosage units; or (2) the controlled substance possessed is heroin and the amount possessed is less than 0.05 grams.
(b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1), unless the conduct is described in paragraph (a); or subdivision 2, clause (2), may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
History:
1989 c 290 art 3 s 12; 1990 c 602 art 7 s 6; 1992 c 359 s 9; 1993 c 326 art 13 s 9; 1995 c 244 s 5; 2009 c 83 art 3 s 3,4; 2010 c 382 s 35; 2016 c 119 s 7; 2016 c 160 s 7; 2023 c 52 art 15 s 13; 2023 c 63 art 4 s 17,18
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.026 — Mandatory Sentences.

152.026 MANDATORY SENTENCES.
A defendant convicted and sentenced to a mandatory sentence under section 152.021 or 152.022 is not eligible for probation, parole, discharge, or supervised release until that person has served the full term of imprisonment as provided by law, notwithstanding sections 242.19, 243.05, 609.12, and 609.135. "Term of imprisonment" has the meaning given in section 244.01, subdivision 8.
History:
1989 c 290 art 3 s 13; 1993 c 326 art 13 s 10; 2005 c 136 art 7 s 21; 2016 c 160 s 8
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.0261 — Importing Controlled Substances Across State Borders.

152.0261 IMPORTING CONTROLLED SUBSTANCES ACROSS STATE BORDERS.
Subdivision 1.
Felony.
A person who crosses a state or international border into Minnesota while in possession of an amount of a controlled substance that constitutes a first-degree controlled substance crime under section 152.021, subdivision 2, is guilty of importing controlled substances and may be sentenced as provided in subdivision 3.
Subd. 1a.
Use of person under 18 to import.
A person who conspires with or employs a person under the age of 18 to cross a state or international border into Minnesota while that person or the person under the age of 18 is in possession of an amount of a controlled substance that constitutes a controlled substance crime under sections 152.021 to 152.025 and 152.0262, with the intent to obstruct the criminal justice process, is guilty of importing controlled substances and may be sentenced as provided in subdivision 3.
Subd. 2.
Jurisdiction.
A violation of this section may be charged, indicted, and tried in any county, but not more than one county, into or through which the actor has brought the controlled substance.
Subd. 3.
Penalty.
A person convicted of violating this section is guilty of a felony and may be sentenced to imprisonment for not more than 35 years or to payment of a fine of not more than $1,250,000, or both.
History:
1990 c 602 art 7 s 7; 1998 c 367 art 4 s 4,5; 2005 c 136 art 7 s 21
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.0262 — Possession Of Substances With Intent To Manufacture Methamphetamine Crime.

152.0262 POSSESSION OF SUBSTANCES WITH INTENT TO MANUFACTURE METHAMPHETAMINE CRIME.
Subdivision 1.
Possession of precursors.
(a) A person is guilty of a crime if the person possesses any chemical reagents or precursors with the intent to manufacture methamphetamine and if convicted may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
(b) A person is guilty of a crime if the person possesses any chemical reagents or precursors with the intent to manufacture methamphetamine and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both, if the conviction is for a subsequent controlled substance conviction.
As used in this section and section 152.021, "chemical reagents or precursors" includes any of the following substances, or any similar substances that can be used to manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or similar substance:
(1) ephedrine;
(2) pseudoephedrine;
(3) phenyl-2-propanone;
(4) phenylacetone;
(5) anhydrous ammonia;
(6) organic solvents;
(7) hydrochloric acid;
(8) lithium metal;
(9) sodium metal;
(10) ether;
(11) sulfuric acid;
(12) red phosphorus;
(13) iodine;
(14) sodium hydroxide;
(15) benzaldehyde;
(16) benzyl methyl ketone;
(17) benzyl cyanide;
(18) nitroethane;
(19) methylamine;
(20) phenylacetic acid;
(21) hydriodic acid; or
(22) hydriotic acid.
Subd. 2.
[Repealed, 2009 c 83 art 2 s 50]
History:
1989 c 290 art 3 s 8; 1990 c 602 art 7 s 1; 1991 c 279 s 3; 1992 c 359 s 4,5; 1993 c 326 art 13 s 5; 1995 c 244 s 1; 1997 c 239 art 4 s 5,6; 1998 c 367 art 4 s 1; 1Sp2003 c 2 art 8 s 2,3; 2005 c 136 art 7 s 5,6,21; 2009 c 83 art 2 s 8
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.0265 — Cannabis Cultivation Crimes.

152.0265 CANNABIS CULTIVATION CRIMES.
Subdivision 1.
Cultivation of cannabis in the first degree.
A person is guilty of cultivation of cannabis in the first degree and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person unlawfully cultivates more than 23 cannabis plants.
Subd. 2.
Cultivation of cannabis in the second degree.
A person is guilty of cultivation of cannabis in the second degree and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both, if the person unlawfully cultivates more than 16 cannabis plants but not more than 23 cannabis plants.
History:
2023 c 52 art 6 s 16; 2023 c 63 art 4 s 21
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 152 — Drugs; Controlled Substances › Section 152.027 — Other Controlled Substance Offenses.

152.027 OTHER CONTROLLED SUBSTANCE OFFENSES.
Subdivision 1.
Sale of Schedule V controlled substance.
Except as provided in section 152.02, subdivision 6, a person who unlawfully sells one or more mixtures containing a controlled substance classified in Schedule V may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
Subd. 2.
Possession of Schedule V controlled substance.
Except as provided in section 152.02, subdivision 6, a person who unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule V may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both. The court may order that a person who is convicted under this subdivision and placed on probation be required to take part in a drug education program as specified by the court.
Subd. 3.
MS 2022 [Repealed, 2023 c 63 art 6 s 73]
Subd. 4.
MS 2022 [Repealed, 2023 c 63 art 6 s 73]
Subd. 5.
Sale or possession of salvia divinorum.
(a) A person who unlawfully sells any amount of salvia divinorum or salvinorin A is guilty of a gross misdemeanor.
(b) A person who unlawfully possesses any amount of salvia divinorum or salvinorin A is guilty of a misdemeanor.
Subd. 6.
Sale or possession of synthetic cannabinoids.
(a) As used in this subdivision, "synthetic cannabinoid" includes any substance included in section 152.02, subdivision 2, paragraph (h), clause (3).
(b) A person who unlawfully sells a synthetic cannabinoid for no remuneration is guilty of a gross misdemeanor.
(c) A person who unlawfully sells a synthetic cannabinoid is guilty of a felony and if convicted may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
(d) A person who unlawfully possesses any amount of a synthetic cannabinoid is guilty of a misdemeanor.
(e) Notwithstanding any contrary provision in sections 152.021 to 152.025, this subdivision describes the exclusive penalties for the sale and possession of synthetic cannabinoid.
Subd. 7.
Sale or possession of kratom.
(a) A person who unlawfully sells any amount of kratom or a substance that contains mitragynine or 7-hydroxymitragynine to a person under the age of 18 is guilty of a gross misdemeanor.
(b) A person under the age of 18 who unlawfully possesses any amount of kratom or a substance that contains mitragynine or 7-hydroxymitragynine is guilty of a misdemeanor.
History:
1989 c 290 art 3 s 14; 2005 c 10 art 3 s 8; 2005 c 136 art 7 s 7,8; 2010 c 368 s 1; 2011 c 53 s 9; 2011 c 76 art 1 s 20; 2012 c 240 s 2; 2018 c 195 art 1 s 3; 2023 c 52 art 6 s 16