Sale and Purchase of Methamphetamine Precursor Drugs
A pharmacy employee who violates the restrictions placed on the sale of methamphetamine precursor drugs is guilty of a misdemeanor.1 Likewise, a person who purchases an amount of methamphetamine precursor drugs that exceeds the statutory maximum is guilty of a misdemeanor. Minn. Stat. § 152.02, subd. 6. The statutory restrictions placed on the sale and purchase of methamphetamine precursor drugs are discussed in detail in Restrictions on Sale of Methamphetamine Precursor Drugs on page 5.
Protection of Children and Vulnerable Adults
Special laws are in place to protect children and vulnerable adults from the presence or effects of methamphetamine. Knowingly causing or permitting a child or vulnerable adult to inhale, be exposed to, have contact with, or ingest methamphetamine or methamphetamine paraphernalia is a felony, as is manufacturing methamphetamine or storing precursors, waste products, or paraphernalia in proximity to children or vulnerable adults in the following places:
- In the presence of a child or vulnerable adult
- In the residence of a child or vulnerable adult
- In any building, structure, conveyance or outdoor location where a child or vulnerable adult could reasonably be expected to be present
- In a room offered to the public for overnight accommodations (hotel rooms)
- Any multiple-unit residential building
Minn. Stat. § 152.137, subd. 2. Violators are subject to a sentence of up to five years in prison or a fine up to $10,000, or both. The Minnesota Sentencing Guidelines recommend a stayed 12- month sentence for a person with no criminal history who is convicted of this offense.
A person who is convicted under this section can also be convicted for other crimes resulting from the same incident or behavior. Further, a violation of this law is considered a violent crime, which triggers several collateral consequences such as ineligibility for early conditional release from prison. Minn. Stat. § 244.055, subd. 2; § 609.1095.
In addition, if a child is found in the area where any of these activities are taking place, a peace officer can take the child into protective custody. The child must be provided a health screening to address any potential health problems arising from exposure to the activity. If the officer does not take the child into protective custody, but knows that the child was exposed to methamphetamine, the same health screening must be offered. Minn. Stat. § 152.137, subd. 5.
If a child was taken into protective custody after being found in an area where methamphetamine was being manufactured or stored, or where waste products were stored, the officer who took the child into custody must inform the administration of the school where the child is enrolled. Minn. Stat. § 260C.171, subd. 6.
If a vulnerable adult is found in the vicinity of any of these activities and a peace officer has reason to believe that the vulnerable adult was exposed to, inhaled, ingested, or had contact with methamphetamine or methamphetamine paraphernalia, the peace officer must report the suspected maltreatment to the county common entry point.2 Once it receives a report from the common entry point, the county social services agency must immediately respond. Minn. Stat. § 152.137, subd. 6.
1 A misdemeanor is punishable by up to 90 days in jail and/or a $1,000 fine. Minn. Stat. § 609.03.
The content of this post and any related posts has been copied or adopted from the Minnesota House of Representatives Research Department’s Information Brief, Methamphetamine Laws in Minnesota, written by legislative analyst Jeffrey Diebel and Research Assistant Dariel Weaver.
This is part of a series of posts on Methamphetamine (Meth) Laws in Minnesota.