Subd. 1. Definitions. As used in this section, the following terms have the meanings given.
A. METHAMPHETAMINE PRECURSOR DRUGS.
1. A drug or product containing as its sole active ingredient ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts or optical isomers; or
2. A combination drug or product containing as one of its active ingredients ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or sales of optical isomers.
B. OVER-THE-COUNTER SALES. A retail sale of a drug or product but does not include the sale of a drug or product pursuant to the terms of a valid prescription.
Subd. 2. Prohibited conduct.
A. No person may sell in a single over-the-counter sale more than two packages of a methamphetamine precursor drug or a combination of methamphetamine precursor drugs.
B. Over-the-counter sales of methamphetamine precursor drugs are limited to:
1. Packages containing not more than a total of three grams of one or more methamphetamine precursor drugs, calculated in terms of ephedrine base, pseudoephedrine base, and phenylpropanolamine base; or
2. For nonliquid products, sales in blister packs, where each blister contains not more than two dosage units, or, if the use of blister packs is not technically feasible, sales in unit dose packets or pouches.
C. A business establishment that offers for sale methamphetamine precursor drugs shall ensure that all packages of the drugs are displayed and offered for sale only:
1. Behind a checkout counter where the public is not permitted;
2. Inside a locked display case; or
3. Within six feet of an unobstructed view of an attended checkout counter.
D. No person may sell in an over-the-counter sale a methamphetamine precursor drug to a person under the age of 18 years. It is an affirmative defense to a charge under this paragraph if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section M.S. § 340A.503, Subd. 6.
(Ord. 517, passed 9-20-04) Penalty, see § 1.99