| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

151.40.1

Statute ID: 19206

Statute Function ID: 38820

Pharmacy - Manufacture or Sell Hypodermic Syringes/Needles

In Effect

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Charge

Classifications

Offense Level:

Petty Misdemeanor (PM)

General Offense Code:

Drug (3)

Offense Summary Code & Rank:

Drugs (D) (Rank 14)

Detailed Offense Code:

Drug Offense (399)

Offense Severity Level:

Function Text:

UCR Code

Description

90Z

All Other Offenses

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Yes

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

151.40.1

Enactment Date:

May 19, 2023

Effective Date:

Aug 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Pharmacy - Manufacture or Sell Hypodermic Syringes/Needles

Statute ID:

19206

Created:

Jul 11, 2023 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 11, 2023 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Corrected

Legal Analyst Comment:

Amended C52 Art15 Sect5

Summary Text:

Pharmacy - Manufacture or Sell Hypodermic Syringes/Needles

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/151/40.html

Legislative Session:

2023 - Regular

Session Law Text?:

Statute text last updated on:

Jul 11, 2023

It is unlawful for any person to manufacture or sell hypodermic syringes or needles or any instrument or implement which can be adapted for subcutaneous injections, except for:

(1) the following persons when acting in the course of their practice or employment:

(i) licensed practitioners and their employees, agents, or delegates;

(ii) licensed pharmacies and their employees or agents;

(iii) licensed pharmacists;

(iv) registered nurses and licensed practical nurses;

(v) registered medical technologists;

(vi) medical interns and residents;

(vii) licensed drug wholesalers and their employees or agents;

(viii) licensed hospitals;

(ix) bona fide hospitals in which animals are treated;

(x) licensed nursing homes;

(xi) licensed morticians;

(xii) syringe and needle manufacturers and their dealers and agents;

(xiii) persons engaged in animal husbandry;

(xiv) clinical laboratories and their employees;

(xv) persons engaged in bona fide research or education or industrial use of hypodermic syringes and needles provided such persons cannot use hypodermic syringes and needles for the administration of drugs to human beings unless such drugs are prescribed, dispensed, and administered by a person lawfully authorized to do so;

(xvi) persons who administer drugs pursuant to an order or direction of a licensed practitioner; and

(xvii) syringe services providers and their employees and agents;

(2) a person who self-administers drugs pursuant to either the prescription or the direction of a practitioner, or a family member, caregiver, or other individual who is designated by such person to assist the person in obtaining and using needles and syringes for the administration of such drugs;

(3) a person who is disposing of hypodermic syringes and needles through an activity or program developed under section 325F.785;

(4) a person who sells or handles hypodermic syringes and needles pursuant to subdivision 2; or

(5) a participant receiving services from a syringe services provider, who accesses or receives new syringes or needles from a syringe services provider or returns used syringes or needles to a syringe services provider.