WeVote
Log In

Bill

Bill

HF 2476

Over-the-counter allergy medicine sale restrictions modified.

2025-2026 Regular Session Introduced by Mary Franson and 1 co-sponsor

HF 2476 tightens Minnesota OTC meth precursor sales by lowering per-sale and 30-day limits, requiring ID, logs, age 18+, and statewide preemption of local rules.

Introduction and first reading, referred to Health Finance and Policy
#drugsandmedicine
0
WeVote Research Nonpartisan
Bill Summary · HF 2476

Summary of HF 2476 (2025-2026) — Over-the-counter allergy medicine sale restrictions modified

Purpose and intent

HF 2476 amends Minnesota law to modify restrictions on the over-the-counter (OTC) sale of methamphetamine precursor drugs, specifically those containing ephedrine or pseudoephedrine. The bill aims to adjust permissible quantities, packaging formats, sale procedures, and age-related restrictions to govern OTC purchases more tightly and create uniform statewide rules, superseding local ordinances.

Key provisions and changes

  • Scope and definitions

    • Maintains the definition of “methamphetamine precursor drug” as any product whose sole active ingredient or among its active ingredients is ephedrine or pseudoephedrine.
    • Clarifies “over-the-counter sale” as a retail sale without a valid prescription.

  • Schedule V adjustments (restricted substances)

    • The bill lists stimulant and depressant substances and reaffirms that meth precursor drugs (ephedrine/pseudoephedrine-containing products) are subject to OTC restrictions.

  • OTC sale limits and packaging

    • Replaces the prior language (which limited to two packages and a six-gram base weight per sale) with new limits:
    • Over-the-counter sales are limited to packages containing not more than a total of 3.6 grams (3-6/10 grams) of methamphetamine precursor drugs per sale, calculated as ephedrine base or pseudoephedrine base.
    • For nonliquid products, sales may use blister packs with each blister containing no more than two dosage units. If blister packs are not feasible, sales may occur in unit dose packets or pouches.
    • A business selling meth precursor drugs must display all such packages behind a checkout counter (public not allowed to handle) and offer sales only by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk.
    • The seller must verify photographic ID showing the buyer’s date of birth and collect a written or electronic record detailing the sale date, buyer’s name, and amount sold. The record must be kept for at least three years and be available for law enforcement inspection.
    • A buyer is not required to have a prescription for the drug’s purchase.

  • Purchase limits by individuals

    • Limits any single individual to no more than 7.2 grams (2/10 of a 7-gram? The text: 7-2/10 grams, interpreted as 7.2 grams) of methamphetamine precursor drugs within a 30-day period, calculated as base weight.
    • Prohibits selling such drugs to persons under 18 years old. An affirmative defense is allowed if the seller reasonably relies on proof of age under applicable law.

  • Penalties and compliance

    • Violations of the above OTC sales restrictions (c), (d), (e), (f) are misdemeanors, punishable by up to 90 days in jail and/or fines up to $1,000, or both.
    • If an owner/operator/managers’ employee is charged/convicted for a violation, they may avoid penalties if they can prove they did not participate and that an employee training program on relevant laws was in place.
    • A person who reports a suspicious transaction in good faith is immune from civil liability.

  • Exceptions and exemptions

    • The following are exempt from the new subsections:
    • Pediatric products labeled for children under 12 per federal labeling.
    • Meth precursor drugs certified by the Minnesota Board of Pharmacy as manufactured to prevent methamphetamine production.
    • Meth precursor drugs in gel capsule or liquid form.
    • Powder-form compounds where pseudoephedrine makes up less than 1% of total weight and is not the sole active ingredient.
    • An annual listing of qualifying meth precursor drugs is to be certified and published by the Board of Pharmacy (in consultation with the Department of Public Safety).

  • Regulatory framework and preemption

    • Wholesale distributors licensed under state pharmacy statutes and registered with the DEA are exempt from the drug storage requirements.
    • The bill preempts all local ordinances or regulations governing the sale of OTC products containing ephedrine or pseudoephedrine. All preexisting local ordinances become void on the act’s effective date.

Who would be affected

  • Retailers and pharmacies that sell methamphetamine precursor drugs OTC (ephedrine/pseudoephedrine-containing products).
  • Consumers purchasing OTC meth precursor products (subject to age 18+ and monthly/30-day purchase limits, with ID checks).
  • Pharmacy staff (pharmacists, technicians, clerks) who perform sales and must adhere to the stricter sale procedures and recordkeeping.
  • Law enforcement and state regulators (Board of Pharmacy and Department of Public Safety) responsible for enforcement, reporting, and annual drug listings.
  • Local governments (preemption: statewide rules supersede local ordinances).

Procedural and timeline notes

  • Introduced and referred to Health Finance and Policy on March 17, 2025.
  • The bill’s text indicates a comprehensive rewrite of OTC meth precursor sale regulations, with new limits, reporting requirements, and enforcement mechanisms.
  • Effective date not specified in the provided text; typical timelines would follow passage and signing, with a transition period for stores to comply.

Bottom-line assessment

HF 2476 significantly tightens OTC sale controls for methamphetamine precursor drugs in Minnesota by imposing lower per-sale and 30-day purchase limits, tightening packaging and display requirements, mandating ID and sale logs, increasing age restrictions, and creating explicit penalties for noncompliance. It also standardizes these rules statewide by preempting local regulations and directs ongoing regulatory oversight through the Board of Pharmacy and DPS.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.