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110.12 ARTICLE 7
110.13 METHAMPHETAMINE PROVISIONS
110.14 Section 1. [35.051] [EPHEDRINE AND PSEUDOEPHEDRINE
110.15 PRODUCTS.]
110.16 Subdivision 1. [PRESCRIPTION REQUIRED.] Drugs and products
110.17 for any species of animal that contain ephedrine or
110.18 pseudoephedrine require a written prescription from a
110.19 veterinarian to be sold or distributed for lay use.
110.20 Subd. 2. [SALE AND PURCHASE RESTRICTIONS.] A drug or
110.21 product for any species of animal containing ephedrine or
110.22 pseudoephedrine may only be dispensed, sold, or distributed by a
110.23 veterinarian or a veterinary assistant under the supervision or
110.24 direction of a veterinarian. A person who is not a veterinarian
110.25 may not purchase a drug or product for animal consumption
110.26 containing ephedrine or pseudoephedrine without a prescription.
110.27 [EFFECTIVE DATE.] This section is effective on the 30th day
110.28 following final enactment, and applies to crimes committed on or
110.29 after that date.
110.30 Sec. 2. Minnesota Statutes 2004, section 152.01,
110.31 subdivision 10, is amended to read:
110.32 Subd. 10. [NARCOTIC DRUG.] "Narcotic drug" means any of
110.33 the following, whether produced directly or indirectly by
110.34 extraction from substances of vegetable origin, or independently
110.35 by means of chemical synthesis, or by a combination of
110.36 extraction and chemical synthesis:
111.1 (1) opium, coca leaves, and opiates, and methamphetamine;
111.2 (2) a compound, manufacture, salt, derivative, or
111.3 preparation of opium, coca leaves, or opiates, or
111.4 methamphetamine;
111.5 (3) a substance, and any compound, manufacture, salt,
111.6 derivative, or preparation thereof, which is chemically
111.7 identical with any of the substances referred to in clauses (1)
111.8 and (2), except that the words "narcotic drug" as used in this
111.9 chapter shall not include decocainized coca leaves or extracts
111.10 of coca leaves, which extracts do not contain cocaine or
111.11 ecgonine.
111.12 [EFFECTIVE DATE.] This section is effective August 1, 2005,
111.13 and applies to crimes committed on or after that date.
111.14 Sec. 3. Minnesota Statutes 2004, section 152.02,
111.15 subdivision 6, is amended to read:
111.16 Subd. 6. [SCHEDULE V; RESTRICTIONS ON METHAMPHETAMINE
111.17 PRECURSOR DRUGS.] (a) As used in this subdivision, the following
111.18 terms have the meanings given:
111.19 (1) "methamphetamine precursor drug" means any compound,
111.20 mixture, or preparation intended for human consumption
111.21 containing ephedrine or pseudoephedrine as its sole active
111.22 ingredient or as one of its active ingredients; and
111.23 (2) "over-the-counter sale" means a retail sale of a drug
111.24 or product but does not include the sale of a drug or product
111.25 pursuant to the terms of a valid prescription.
111.26 (b) The following items are listed in Schedule V:
111.27 (1) any compound, mixture, or preparation containing any of
111.28 the following limited quantities of narcotic drugs, which shall
111.29 include one or more nonnarcotic active medicinal ingredients in
111.30 sufficient proportion to confer upon the compound, mixture or
111.31 preparation valuable medicinal qualities other than those
111.32 possessed by the narcotic drug alone;:
111.33 (1) (i) not more than 100 milligrams of dihydrocodeine per
111.34 100 milliliters or per 100 grams.;
111.35 (2) (ii) not more than 100 milligrams of ethylmorphine per
111.36 100 milliliters or per 100 grams.;
112.1 (3) (iii) not more than 2.5 milligrams of diphenoxylate and
112.2 not less than 25 micrograms of atropine sulfate per dosage
112.3 unit.; or
112.4 (4) (iv) not more than 15 milligrams of anhydrous morphine
112.5 per 100 milliliters or per 100 grams; and
112.6 (2) any compound, mixture, or preparation containing
112.7 ephedrine or pseudoephedrine as its sole active ingredient or as
112.8 one of its active ingredients.
112.9 (c) No person may sell in a single over-the-counter sale
112.10 more than two packages of a methamphetamine precursor drug or a
112.11 combination of methamphetamine precursor drugs or any
112.12 combination of packages exceeding a total weight of six grams.
112.13 (d) Over-the-counter sales of methamphetamine precursor
112.14 drugs are limited to:
112.15 (1) packages containing not more than a total of three
112.16 grams of one or more methamphetamine precursor drugs, calculated
112.17 in terms of ephedrine base or pseudoephedrine base; or
112.18 (2) for nonliquid products, sales in blister packs, where
112.19 each blister contains not more than two dosage units, or, if the
112.20 use of blister packs is not technically feasible, sales in unit
112.21 dose packets or pouches.
112.22 (e) A business establishment that offers for sale
112.23 methamphetamine precursor drugs in an over-the-counter sale
112.24 shall ensure that all packages of the drugs are displayed behind
112.25 a checkout counter where the public is not permitted and are
112.26 offered for sale only by a licensed pharmacist, a registered
112.27 pharmacy technician, or a pharmacy clerk. The establishment
112.28 shall ensure that the person making the sale requires the buyer:
112.29 (1) to provide photographic identification showing the
112.30 buyer's date of birth; and
112.31 (2) to sign a written or electronic document detailing the
112.32 date of the sale, the name of the buyer, and the amount of the
112.33 drug sold. Nothing in this paragraph requires the buyer to
112.34 obtain a prescription for the drug's purchase.
112.35 (f) No person may acquire through over-the-counter sales
112.36 more than six grams of methamphetamine precursor drugs within a
113.1 30-day period.
113.2 (g) No person may sell in an over-the-counter sale a
113.3 methamphetamine precursor drug to a person under the age of 18
113.4 years. It is an affirmative defense to a charge under this
113.5 paragraph if the defendant proves by a preponderance of the
113.6 evidence that the defendant reasonably and in good faith relied
113.7 on proof of age as described in section 340A.503, subdivision 6.
113.8 (h) A person who knowingly violates paragraph (c), (d),
113.9 (e), (f), or (g) is guilty of a misdemeanor and may be sentenced
113.10 to imprisonment for not more than 90 days, or to payment of a
113.11 fine of not more than $1,000, or both.
113.12 (i) An owner, operator, supervisor, or manager of a
113.13 business establishment that offers for sale methamphetamine
113.14 precursor drugs whose employee or agent is convicted of or
113.15 charged with violating paragraph (c), (d), (e), (f), or (g) is
113.16 not subject to the criminal penalties for violating any of those
113.17 paragraphs if the person:
113.18 (1) did not have prior knowledge of, participate in, or
113.19 direct the employee or agent to commit the violation; and
113.20 (2) documents that an employee training program was in
113.21 place to provide the employee or agent with information on the
113.22 state and federal laws and regulations regarding methamphetamine
113.23 precursor drugs.
113.24 (j) Any person employed by a business establishment that
113.25 offers for sale methamphetamine precursor drugs who sells such a
113.26 drug to any person in a suspicious transaction shall report the
113.27 transaction to the owner, supervisor, or manager of the
113.28 establishment. The owner, supervisor, or manager may report the
113.29 transaction to local law enforcement. A person who reports
113.30 information under this subdivision in good faith is immune from
113.31 civil liability relating to the report.
113.32 (k) Paragraphs (c) (b) to (j) do not apply to: (this line was changed 7/25/2005)
113.33 (1) pediatric products labeled pursuant to federal
113.34 regulation primarily intended for administration to children
113.35 under 12 years of age according to label instructions;
113.36 (2) methamphetamine precursor drugs that are certified by
114.1 the Board of Pharmacy as being manufactured in a manner that
114.2 prevents the drug from being used to manufacture
114.3 methamphetamine;
114.4 (3) methamphetamine precursor drugs in gel capsule or
114.5 liquid form; or
114.6 (4) compounds, mixtures, or preparations in powder form
114.7 where pseudoephedrine constitutes less than one percent of its
114.8 total weight and is not its sole active ingredient.
114.9 (l) The Board of Pharmacy, in consultation with the
114.10 Department of Public Safety, shall certify methamphetamine
114.11 precursor drugs that meet the requirements of paragraph (k),
114.12 clause (2), and publish an annual listing of these drugs.
114.13 (m) Wholesale drug distributors licensed and regulated by
114.14 the Board of Pharmacy pursuant to sections 151.42 to 151.51 and
114.15 registered with and regulated by the United States Drug
114.16 Enforcement Administration are exempt from the methamphetamine
114.17 precursor drug storage requirements of this section.
114.18 (n) This section preempts all local ordinances or
114.19 regulations governing the sale by a business establishment of
114.20 over-the-counter products containing ephedrine or
114.21 pseudoephedrine. All ordinances enacted prior to the effective
114.22 date of this act are void.
114.23 [EFFECTIVE DATE.] This section is effective July 1, 2005,
114.24 and applies to crimes committed on or after that date.
114.25 Sec. 4. Minnesota Statutes 2004, section 152.02, is
114.26 amended by adding a subdivision to read:
114.27 Subd. 8a. [METHAMPHETAMINE PRECURSORS.] The State Board of
114.28 Pharmacy may, by order, require that non-prescription ephedrine
114.29 or pseudophedrine products sold in gel capsule or liquid form be
114.30 subject to the sale restrictions established in subdivision 6
114.31 for methamphetamine precursor drugs, if the board concludes that
114.32 ephedrine or pseudophedrine products in gel capsule or liquid
114.33 form can be used to manufacture methamphetamine. In assessing
114.34 the need for an order under this subdivision, the board shall
114.35 consult at least annually with the advisory council on
114.36 controlled substances, the commissioner of public safety, and
115.1 the commissioner of health.
115.2 [EFFECTIVE DATE.] This section is effective August 1, 2005.
115.3 Sec. 5. Minnesota Statutes 2004, section 152.021,
115.4 subdivision 2a, is amended to read:
115.5 Subd. 2a. [METHAMPHETAMINE MANUFACTURE CRIMES CRIME;
115.6 POSSESSION OF SUBSTANCES WITH INTENT TO MANUFACTURE
115.7 METHAMPHETAMINE CRIME.] (a) Notwithstanding subdivision 1,
115.8 sections 152.022, subdivision 1, 152.023, subdivision 1, and
115.9 152.024, subdivision 1, a person is guilty of controlled
115.10 substance crime in the first degree if the person manufactures
115.11 any amount of methamphetamine.
115.12 (b) Notwithstanding paragraph (a) and section 609.17, A
115.13 person is guilty of attempted manufacture of methamphetamine a
115.14 crime if the person possesses any chemical reagents or
115.15 precursors with the intent to manufacture methamphetamine. As
115.16 used in this section, "chemical reagents or precursors" refers
115.17 to one or more includes any of the following substances, or any
115.18 similar substances that can be used to manufacture
115.19 methamphetamine, or their the salts, isomers, and salts of
115.20 isomers of a listed or similar substance:
115.21 (1) ephedrine;
115.22 (2) pseudoephedrine;
115.23 (3) phenyl-2-propanone;
115.24 (4) phenylacetone;
115.25 (5) anhydrous ammonia, as defined in section 18C.005,
115.26 subdivision 1a;
115.27 (6) organic solvents;
115.28 (7) hydrochloric acid;
115.29 (8) lithium metal;
115.30 (9) sodium metal;
115.31 (10) ether;
115.32 (11) sulfuric acid;
115.33 (12) red phosphorus;
115.34 (13) iodine;
115.35 (14) sodium hydroxide;
115.36 (15) benzaldehyde;
116.1 (16) benzyl methyl ketone;
116.2 (17) benzyl cyanide;
116.3 (18) nitroethane;
116.4 (19) methylamine;
116.5 (20) phenylacetic acid;
116.6 (21) hydriodic acid; or
116.7 (22) hydriotic acid.
116.8 [EFFECTIVE DATE.] This section is effective August 1, 2005,
116.9 and applies to crimes committed on or after that date.
116.10 Sec. 6. Minnesota Statutes 2004, section 152.021,
116.11 subdivision 3, is amended to read:
116.12 Subd. 3. [PENALTY.] (a) A person convicted under
116.13 subdivisions 1 to 2a, paragraph (a), may be sentenced to
116.14 imprisonment for not more than 30 years or to payment of a fine
116.15 of not more than $1,000,000, or both; a person convicted under
116.16 subdivision 2a, paragraph (b), may be sentenced to imprisonment
116.17 for not more than three ten years or to payment of a fine of not
116.18 more than $5,000 $20,000, or both.
116.19 (b) If the conviction is a subsequent controlled substance
116.20 conviction, a person convicted under subdivisions 1 to 2a,
116.21 paragraph (a), shall be committed to the commissioner of
116.22 corrections for not less than four years nor more than 40 years
116.23 and, in addition, may be sentenced to payment of a fine of not
116.24 more than $1,000,000; a person convicted under subdivision 2a,
116.25 paragraph (b), may be sentenced to imprisonment for not more
116.26 than four 15 years or to payment of a fine of not more than
116.27 $5,000 $30,000, or both.
116.28 (c) In a prosecution under subdivision 1 involving sales by
116.29 the same person in two or more counties within a 90-day period,
116.30 the person may be prosecuted for all of the sales in any county
116.31 in which one of the sales occurred.
116.32 [EFFECTIVE DATE.] This section is effective August 1, 2005,
116.33 and applies to crimes committed on or after that date.
116.34 Sec. 7. Minnesota Statutes 2004, section 152.027,
116.35 subdivision 1, is amended to read:
116.36 Subdivision 1. [SALE OF SCHEDULE V CONTROLLED SUBSTANCE.]
117.1 Except as provided in section 152.02, subdivision 6, a person
117.2 who unlawfully sells one or more mixtures containing a
117.3 controlled substance classified in schedule V may be sentenced
117.4 to imprisonment for not more than one year or to payment of a
117.5 fine of not more than $3,000, or both.
117.6 [EFFECTIVE DATE.] This section is effective July 1, 2005,
117.7 and applies to crimes committed on or after that date.
117.8 Sec. 8. Minnesota Statutes 2004, section 152.027,
117.9 subdivision 2, is amended to read:
117.10 Subd. 2. [POSSESSION OF SCHEDULE V CONTROLLED SUBSTANCE.]
117.11 Except as provided in section 152.02, subdivision 6, a person
117.12 who unlawfully possesses one or more mixtures containing a
117.13 controlled substance classified in schedule V may be sentenced
117.14 to imprisonment for not more than one year or to payment of a
117.15 fine of not more than $3,000, or both. The court may order that
117.16 a person who is convicted under this subdivision and placed on
117.17 probation be required to take part in a drug education program
117.18 as specified by the court.
117.19 [EFFECTIVE DATE.] This section is effective July 1, 2005,
117.20 and applies to crimes committed on or after that date.
117.21 Sec. 9. [152.0275] [CERTAIN CONTROLLED SUBSTANCE OFFENSES;
117.22 RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.]
117.23 Subdivision 1. [RESTITUTION.] (a) As used in this
117.24 subdivision:
117.25 (1) "clandestine lab site" means any structure or
117.26 conveyance or outdoor location occupied or affected by
117.27 conditions or chemicals typically associated with the
117.28 manufacturing of methamphetamine;
117.29 (2) "emergency response" includes, but is not limited to,
117.30 removing and collecting evidence, securing the site, removal,
117.31 remediation, and hazardous chemical assessment or inspection of
117.32 the site where the relevant offense or offenses took place,
117.33 regardless of whether these actions are performed by the public
117.34 entities themselves or by private contractors paid by the public
117.35 entities, or the property owner;
117.36 (3) "remediation" means proper cleanup, treatment, or
118.1 containment of hazardous substances or methamphetamine at or in
118.2 a clandestine lab site, and may include demolition or disposal
118.3 of structures or other property when an assessment so indicates;
118.4 and
118.5 (4) "removal" means the removal from the clandestine lab
118.6 site of precursor or waste chemicals, chemical containers, or
118.7 equipment associated with the manufacture, packaging, or storage
118.8 of illegal drugs.
118.9 (b) A court may require a person convicted of manufacturing
118.10 or attempting to manufacture a controlled substance or of an
118.11 illegal activity involving a precursor substance, where the
118.12 response to the crime involved an emergency response, to pay
118.13 restitution to all public entities that participated in the
118.14 response. The restitution ordered may cover the reasonable
118.15 costs of their participation in the response.
118.16 (c) In addition to the restitution authorized in paragraph
118.17 (b), a court may require a person convicted of manufacturing or
118.18 attempting to manufacture a controlled substance or of illegal
118.19 activity involving a precursor substance to pay restitution to a
118.20 property owner who incurred removal or remediation costs because
118.21 of the crime.
118.22 Subd. 2. [PROPERTY-RELATED PROHIBITIONS; NOTICE; WEB
118.23 SITE.] (a) As used in this subdivision:
118.24 (1) "clandestine lab site" has the meaning given in
118.25 subdivision 1, paragraph (a);
118.26 (2) "property" means publicly or privately owned real
118.27 property including buildings and other structures, motor
118.28 vehicles as defined in section 609.487, subdivision 2a, public
118.29 waters, and public rights-of-way;
118.30 (3) "remediation" has the meaning given in subdivision 1,
118.31 paragraph (a); and
118.32 (4) "removal" has the meaning given in subdivision 1,
118.33 paragraph (a).
118.34 (b) A peace officer who arrests a person at a clandestine
118.35 lab site shall notify the appropriate county or local health
118.36 department, state duty officer, and child protection services of
119.1 the arrest and the location of the site.
119.2 (c) A county or local health department or sheriff shall
119.3 order that any property or portion of a property that has been
119.4 found to be a clandestine lab site and contaminated by
119.5 substances, chemicals, or items of any kind used in the
119.6 manufacture of methamphetamine or any part of the manufacturing
119.7 process, or the by-products or degradates of manufacturing
119.8 methamphetamine be prohibited from being occupied or used until
119.9 it has been assessed and remediated as provided in the
119.10 Department of Health's clandestine drug labs general cleanup
119.11 guidelines. The remediation shall be accomplished by a
119.12 contractor who will make the verification required under
119.13 paragraph (e).
119.14 (d) Unless clearly inapplicable, the procedures specified
119.15 in chapter 145A and any related rules adopted under that chapter
119.16 addressing the enforcement of public health laws, the removal
119.17 and abatement of public health nuisances, and the remedies
119.18 available to property owners or occupants apply to this
119.19 subdivision.
119.20 (e) Upon the proper removal and remediation of any property
119.21 used as a clandestine lab site, the contractor shall verify to
119.22 the property owner and the applicable authority that issued the
119.23 order under paragraph (c) that the work was completed according
119.24 to the Department of Health's clandestine drug labs general
119.25 cleanup guidelines and best practices. The contractor shall
119.26 provide the verification to the property owner and the
119.27 applicable authority within five days from the completion of the
119.28 remediation. Following this, the applicable authority shall
119.29 vacate its order.
119.30 (f) If a contractor issues a verification and the property
119.31 was not remediated according to the Department of Health's
119.32 clandestine drug labs general cleanup guidelines, the contractor
119.33 is liable to the property owner for the additional costs
119.34 relating to the proper remediation of the property according to
119.35 the guidelines and for reasonable attorney fees for collection
119.36 of costs by the property owner. An action under this paragraph
120.1 must be commenced within six years from the date on which the
120.2 verification was issued by the contractor.
120.3 (g) If the applicable authority determines under paragraph
120.4 (c) that a motor vehicle has been contaminated by substances,
120.5 chemicals, or items of any kind used in the manufacture of
120.6 methamphetamine or any part of the manufacturing process, or the
120.7 by-products or degradates of manufacturing methamphetamine and
120.8 if the authority is able to obtain the certificate of title for
120.9 the motor vehicle, the authority shall notify the registrar of
120.10 motor vehicles of this fact and in addition, forward the
120.11 certificate of title to the registrar. The authority shall also
120.12 notify the registrar when it vacates its order under paragraph
120.13 (e).
120.14 (h) The applicable authority issuing an order under
120.15 paragraph (c) shall record with the county recorder or registrar
120.16 of titles of the county where the clandestine lab is located an
120.17 affidavit containing the name of the owner, a legal description
120.18 of the property where the clandestine lab was located, and a map
120.19 drawn from available information showing the boundary of the
120.20 property and the location of the contaminated area on the
120.21 property that is prohibited from being occupied or used that
120.22 discloses to any potential transferee:
120.23 (1) that the property, or portion of the property, was the
120.24 site of a clandestine lab;
120.25 (2) the location, condition, and circumstances of the
120.26 clandestine lab, to the full extent known or reasonably
120.27 ascertainable; and
120.28 (3) that the use of the property or some portion of it may
120.29 be restricted as provided by paragraph (c).
120.30 If an inaccurate drawing or description is filed, the authority,
120.31 on request of the owner or another interested person, shall file
120.32 a supplemental affidavit with a corrected drawing or description.
120.33 If the authority vacates its order under paragraph (e), the
120.34 authority shall record an affidavit that contains the recording
120.35 information of the above affidavit and states that the order is
120.36 vacated. Upon filing the affidavit vacating the order, the
121.1 affidavit and the affidavit filed under this paragraph, together
121.2 with the information set forth in the affidavits, cease to
121.3 constitute either actual or constructive notice.
121.4 (i) If proper removal and remediation has occurred on the
121.5 property, an interested party may record an affidavit indicating
121.6 that this has occurred. Upon filing the affidavit described in
121.7 this paragraph, the affidavit and the affidavit filed under
121.8 paragraph (g), together with the information set forth in the
121.9 affidavits, cease to constitute either actual or constructive
121.10 notice. Failure to record an affidavit under this section does
121.11 not affect or prevent any transfer of ownership of the property.
121.12 (j) The county recorder or registrar of titles must record
121.13 all affidavits presented under paragraph (g) or (h) in a manner
121.14 that assures their disclosure in the ordinary course of a title
121.15 search of the subject property.
121.16 (k) The commissioner of health shall post on the Internet
121.17 contact information for each local community health services
121.18 administrator.
121.19 (l) Each local community health services administrator
121.20 shall maintain information related to property within the
121.21 administrator's jurisdiction that is currently or was previously
121.22 subject to an order issued under paragraph (c). The information
121.23 maintained must include the name of the owner, the location of
121.24 the property, the extent of the contamination, the status of the
121.25 removal and remediation work on the property, and whether the
121.26 order has been vacated. The administrator shall make this
121.27 information available to the public either upon request or by
121.28 other means.
121.29 (m) Before signing an agreement to sell or transfer real
121.30 property, the seller or transferor must disclose in writing to
121.31 the buyer or transferee if, to the seller's or transferor's
121.32 knowledge, methamphetamine production has occurred on the
121.33 property. If methamphetamine production has occurred on the
121.34 property, the disclosure shall include a statement to the buyer
121.35 or transferee informing the buyer or transferee:
121.36 (1) whether an order has been issued on the property as
122.1 described in paragraph (c);
122.2 (2) whether any orders issued against the property under
122.3 paragraph (c) have been vacated under paragraph (i); or
122.4 (3) if there was no order issued against the property and
122.5 the seller or transferor is aware that methamphetamine
122.6 production has occurred on the property, the status of removal
122.7 and remediation on the property.
122.8 (n) Unless the buyer or transferee and seller or transferor
122.9 agree to the contrary in writing before the closing of the sale,
122.10 a seller or transferor who fails to disclose, to the best of
122.11 their knowledge, at the time of sale any of the facts required,
122.12 and who knew or had reason to know of methamphetamine production
122.13 on the property, is liable to the buyer or transferee for:
122.14 (1) costs relating to remediation of the property according
122.15 to the Department of Health's clandestine drug labs general
122.16 cleanup guidelines and best practices; and
122.17 (2) reasonable attorney fees for collection of costs from
122.18 the seller or transferor.
122.19 An action under this paragraph must be commenced within six
122.20 years after the date on which the buyer or transferee closed the
122.21 purchase or transfer of the real property where the
122.22 methamphetamine production occurred.
122.23 (o) This section preempts all local ordinances relating to
122.24 the sale or transfer of real property designated as a
122.25 clandestine lab site.
122.26 [EFFECTIVE DATE.] This section is effective January 1,
122.27 2006, and applies to crimes committed on or after that date.
122.28 Sec. 10. Minnesota Statutes 2004, section 152.135,
122.29 subdivision 2, is amended to read:
122.30 Subd. 2. [EXCEPTIONS.] (a) A drug product containing
122.31 ephedrine, its salts, optical isomers, and salts of optical
122.32 isomers is exempt from subdivision 1 if the drug product:
122.33 (1) may be lawfully sold over the counter without a
122.34 prescription under the federal Food, Drug, and Cosmetic Act,
122.35 United States Code, title 21, section 321, et seq.;
122.36 (2) is labeled and marketed in a manner consistent with the
123.1 pertinent OTC Tentative Final or Final Monograph;
123.2 (3) is manufactured and distributed for legitimate
123.3 medicinal use in a manner that reduces or eliminates the
123.4 likelihood of abuse;
123.5 (4) is not marketed, advertised, or labeled for the
123.6 indication of stimulation, mental alertness, weight loss, muscle
123.7 enhancement, appetite control, or energy; and
123.8 (5) is in solid oral dosage forms, including soft gelatin
123.9 caplets, that combine 400 milligrams of guaifenesin and 25
123.10 milligrams of ephedrine per dose, according to label
123.11 instructions; or is an anorectal preparation containing not more
123.12 than five percent ephedrine; and
123.13 (6) is sold in a manner that does not conflict with section
123.14 152.02, subdivision 6.
123.15 (b) Subdivisions 1 and 3 shall not apply to products
123.16 containing ephedra or ma huang and lawfully marketed as dietary
123.17 supplements under federal law.
123.18 [EFFECTIVE DATE.] This section is effective on the 30th day
123.19 following final enactment, and applies to crimes committed on or
123.20 after that date.
123.21 Sec. 11. [152.136] [ANHYDROUS AMMONIA; PROHIBITED CONDUCT;
123.22 CRIMINAL PENALTIES; CIVIL LIABILITY.]
123.23 Subdivision 1. [DEFINITIONS.] As used in this section,
123.24 "tamper" means action taken by a person not authorized to take
123.25 that action by law or by the owner or authorized custodian of an
123.26 anhydrous ammonia container or of equipment where anhydrous
123.27 ammonia is used, stored, distributed, or transported.
123.28 Subd. 2. [PROHIBITED CONDUCT.] (a) A person may not:
123.29 (1) steal or unlawfully take or carry away any amount of
123.30 anhydrous ammonia;
123.31 (2) purchase, possess, transfer, or distribute any amount
123.32 of anhydrous ammonia, knowing, or having reason to know, that it
123.33 will be used to unlawfully manufacture a controlled substance;
123.34 (3) place, have placed, or possess anhydrous ammonia in a
123.35 container that is not designed, constructed, maintained, and
123.36 authorized to contain or transport anhydrous ammonia;
124.1 (4) transport anhydrous ammonia in a container that is not
124.2 designed, constructed, maintained, and authorized to transport
124.3 anhydrous ammonia;
124.4 (5) use, deliver, receive, sell, or transport a container
124.5 designed and constructed to contain anhydrous ammonia without
124.6 the express consent of the owner or authorized custodian of the
124.7 container; or
124.8 (6) tamper with any equipment or facility used to contain,
124.9 store, or transport anhydrous ammonia.
124.10 (b) For the purposes of this subdivision, containers
124.11 designed and constructed for the storage and transport of
124.12 anhydrous ammonia are described in rules adopted under section
124.13 18C.121, subdivision 1, or in Code of Federal Regulations, title
124.14 49.
124.15 Subd. 3. [NO CAUSE OF ACTION.] (a) Except as provided in
124.16 paragraph (b), a person tampering with anhydrous ammonia
124.17 containers or equipment under subdivision 2 shall have no cause
124.18 of action for damages arising out of the tampering against:
124.19 (1) the owner or lawful custodian of the container or
124.20 equipment;
124.21 (2) a person responsible for the installation or
124.22 maintenance of the container or equipment; or
124.23 (3) a person lawfully selling or offering for sale the
124.24 anhydrous ammonia.
124.25 (b) Paragraph (a) does not apply to a cause of action
124.26 against a person who unlawfully obtained the anhydrous ammonia
124.27 or anhydrous ammonia container or who possesses the anhydrous
124.28 ammonia or anhydrous ammonia container for any unlawful purpose.
124.29 Subd. 4. [CRIMINAL PENALTY.] A person who knowingly
124.30 violates subdivision 2 is guilty of a felony and may be
124.31 sentenced to imprisonment for not more than five years or to
124.32 payment of a fine of not more than $50,000, or both.
124.33 [EFFECTIVE DATE.] This section is effective August 1, 2005,
124.34 and applies to crimes committed on or after that date.
124.35 Sec. 12. [152.137] [METHAMPHETAMINE-RELATED CRIMES
124.36 INVOLVING CHILDREN AND VULNERABLE ADULTS.]
125.1 Subdivision 1. [DEFINITIONS.] (a) As used in this section,
125.2 the following terms have the meanings given.
125.3 (b) "Chemical substance" means a substance intended to be
125.4 used as a precursor in the manufacture of methamphetamine or any
125.5 other chemical intended to be used in the manufacture of
125.6 methamphetamine.
125.7 (c) "Child" means any person under the age of 18 years.
125.8 (d) "Methamphetamine paraphernalia" means all equipment,
125.9 products, and materials of any kind that are used, intended for
125.10 use, or designed for use in manufacturing, injecting, ingesting,
125.11 inhaling, or otherwise introducing methamphetamine into the
125.12 human body.
125.13 (e) "Methamphetamine waste products" means substances,
125.14 chemicals, or items of any kind used in the manufacture of
125.15 methamphetamine or any part of the manufacturing process, or the
125.16 by-products or degradates of manufacturing methamphetamine.
125.17 (f) "Vulnerable adult" has the meaning given in section
125.18 609.232, subdivision 11.
125.19 Subd. 2. [PROHIBITED CONDUCT.] (a) No person may knowingly
125.20 engage in any of the following activities in the presence of a
125.21 child or vulnerable adult; in the residence of a child or a
125.22 vulnerable adult; in a building, structure, conveyance, or
125.23 outdoor location where a child or vulnerable adult might
125.24 reasonably be expected to be present; in a room offered to the
125.25 public for overnight accommodation; or in any multiple unit
125.26 residential building:
125.27 (1) manufacturing or attempting to manufacture
125.28 methamphetamine;
125.29 (2) storing any chemical substance;
125.30 (3) storing any methamphetamine waste products; or
125.31 (4) storing any methamphetamine paraphernalia.
125.32 (b) No person may knowingly cause or permit a child or
125.33 vulnerable adult to inhale, be exposed to, have contact with, or
125.34 ingest methamphetamine, a chemical substance, or methamphetamine
125.35 paraphernalia.
125.36 Subd. 3. [CRIMINAL PENALTY.] A person who violates
126.1 subdivision 2 is guilty of a felony and may be sentenced to
126.2 imprisonment for not more than five years or to payment of a
126.3 fine of not more than $10,000, or both.
126.4 Subd. 4. [MULTIPLE SENTENCES.] Notwithstanding sections
126.5 609.035 and 609.04, a prosecution for or conviction under this
126.6 section is not a bar to conviction of or punishment for any
126.7 other crime committed by the defendant as part of the same
126.8 conduct.
126.9 Subd. 5. [PROTECTIVE CUSTODY.] A peace officer may take
126.10 any child present in an area where any of the activities
126.11 described in subdivision 2, paragraph (a), clauses (1) to (4),
126.12 are taking place into protective custody in accordance with
126.13 section 260C.175, subdivision 1, paragraph (b), clause (2). A
126.14 child taken into protective custody under this subdivision shall
126.15 be provided health screening to assess potential health concerns
126.16 related to methamphetamine as provided in section 260C.188. A
126.17 child not taken into protective custody under this subdivision
126.18 but who is known to have been exposed to methamphetamine shall
126.19 be offered health screening for potential health concerns
126.20 related to methamphetamine as provided in section 260C.188.
126.21 Subd. 6. [REPORTING MALTREATMENT OF VULNERABLE ADULT.] (a)
126.22 A peace officer shall make a report of suspected maltreatment of
126.23 a vulnerable adult if the vulnerable adult is present in an area
126.24 where any of the activities described in subdivision 2,
126.25 paragraph (a), clauses (1) to (4), are taking place, and the
126.26 peace officer has reason to believe the vulnerable adult
126.27 inhaled, was exposed to, had contact with, or ingested
126.28 methamphetamine, a chemical substance, or methamphetamine
126.29 paraphernalia. The peace officer shall immediately report to
126.30 the county common entry point as described in section 626.557,
126.31 subdivision 9b.
126.32 (b) As required in section 626.557, subdivision 9b, law
126.33 enforcement is the primary agency to conduct investigations of
126.34 any incident when there is reason to believe a crime has been
126.35 committed. Law enforcement shall initiate a response
126.36 immediately. If the common entry point notified a county agency
127.1 for adult protective services, law enforcement shall cooperate
127.2 with that county agency when both agencies are involved and
127.3 shall exchange data to the extent authorized in section 626.557,
127.4 subdivision 12b, paragraph (g). County adult protection shall
127.5 initiate a response immediately.
127.6 (c) The county social services agency shall immediately
127.7 respond as required in section 626.557, subdivision 10, upon
127.8 receipt of a report from the common entry point staff.
127.9 [EFFECTIVE DATE.] This section is effective August 1, 2005,
127.10 and applies to crimes committed on or after that date.
127.11 Sec. 13. Minnesota Statutes 2004, section 168A.05,
127.12 subdivision 3, is amended to read:
127.13 Subd. 3. [CONTENT OF CERTIFICATE.] Each certificate of
127.14 title issued by the department shall contain:
127.15 (1) the date issued;
127.16 (2) the first, middle, and last names, the dates of birth,
127.17 and addresses of all owners who are natural persons, the full
127.18 names and addresses of all other owners;
127.19 (3) the names and addresses of any secured parties in the
127.20 order of priority as shown on the application, or if the
127.21 application is based on a certificate of title, as shown on the
127.22 certificate, or as otherwise determined by the department;
127.23 (4) any liens filed pursuant to a court order or by a
127.24 public agency responsible for child support enforcement against
127.25 the owner;
127.26 (5) the title number assigned to the vehicle;
127.27 (6) a description of the vehicle including, so far as the
127.28 following data exists, its make, model, year, identifying
127.29 number, type of body, whether new or used, and if a new vehicle,
127.30 the date of the first sale of the vehicle for use;
127.31 (7) with respect to motor vehicles subject to the
127.32 provisions of section 325E.15, the true cumulative mileage
127.33 registered on the odometer or that the actual mileage is unknown
127.34 if the odometer reading is known by the owner to be different
127.35 from the true mileage;
127.36 (8) with respect to vehicles subject to sections 325F.6641
128.1 and 325F.6642, the appropriate term "flood damaged," "rebuilt,"
128.2 "prior salvage," or "reconstructed"; and
128.3 (9) with respect to a vehicle contaminated by
128.4 methamphetamine production, if the registrar has received the
128.5 certificate of title and notice described in section 152.0275,
128.6 subdivision 2, paragraph (g), the term "hazardous waste
128.7 contaminated vehicle"; and
128.8 (10) any other data the department prescribes.
128.9 [EFFECTIVE DATE.] This section is effective August 1, 2005.
128.10 Sec. 14. Minnesota Statutes 2004, section 260C.171, is
128.11 amended by adding a subdivision to read:
128.12 Subd. 6. [NOTICE TO SCHOOL.] (a) As used in this
128.13 subdivision, the following terms have the meanings given.
128.14 "Chemical substance," "methamphetamine paraphernalia," and
128.15 "methamphetamine waste products" have the meanings given in
128.16 section 152.137, subdivision 1. "School" means a charter school
128.17 or a school as defined in section 120A.22, subdivision 4, except
128.18 a home school.
128.19 (b) If a child has been taken into protective custody after
128.20 being found in an area where methamphetamine was being
128.21 manufactured or attempted to be manufactured or where any
128.22 chemical substances, methamphetamine paraphernalia, or
128.23 methamphetamine waste products were stored, and the child is
128.24 enrolled in school, the officer who took the child into custody
128.25 shall notify the chief administrative officer of the child's
128.26 school of this fact.
128.27 [EFFECTIVE DATE.] This section is effective August 1, 2005,
128.28 and applies to acts occurring on or after that date.
128.29 Sec. 15. [446A.083] [METHAMPHETAMINE LABORATORY CLEANUP
128.30 REVOLVING ACCOUNT.]
128.31 Subdivision 1. [DEFINITIONS.] As used in this section:
128.32 (1) "clandestine lab site" has the meaning given in section
128.33 152.0275, subdivision 1, paragraph (a);
128.34 (2) "property" has the meaning given in section 152.0275,
128.35 subdivision 2, paragraph (a), but does not include motor
128.36 vehicles; and
129.1 (3) "remediate" has the meaning given to remediation in
129.2 section 152.0275, subdivision 1, paragraph (a).
129.3 Subd. 2. [ACCOUNT ESTABLISHED.] The authority shall
129.4 establish a methamphetamine laboratory cleanup revolving account
129.5 in the public facility authority fund to provide loans to
129.6 counties and cities to remediate clandestine lab sites. The
129.7 account must be credited with repayments.
129.8 Subd. 3. [APPLICATIONS.] Applications by a county or city
129.9 for a loan from the account must be made to the authority on the
129.10 forms prescribed by the authority. The application must
129.11 include, but is not limited to:
129.12 (1) the amount of the loan requested and the proposed use
129.13 of the loan proceeds;
129.14 (2) the source of revenues to repay the loan; and
129.15 (3) certification by the county or city that it meets the
129.16 loan eligibility requirements of subdivision 4.
129.17 Subd. 4. [LOAN ELIGIBILITY.] A county or city is eligible
129.18 for a loan under this section if the county or city:
129.19 (1) identifies a site or sites designated by a local public
129.20 health department or law enforcement as a clandestine lab site;
129.21 (2) has required the site's property owner to remediate the
129.22 site at cost, under a local public health nuisance ordinance
129.23 that addresses clandestine lab remediation;
129.24 (3) certifies that the property owner cannot pay for the
129.25 remediation immediately;
129.26 (4) certifies that the property owner has not properly
129.27 remediated the site; and
129.28 (5) issues a revenue bond, secured as provided in
129.29 subdivision 8, payable to the authority to secure the loan.
129.30 Subd. 5. [USE OF LOAN PROCEEDS; REIMBURSEMENT BY PROPERTY
129.31 OWNER.] (a) A loan recipient shall use the loan to remediate the
129.32 clandestine lab site or if this has already been done to
129.33 reimburse the applicable county or city fund for costs paid by
129.34 the recipient to remediate the clandestine lab site.
129.35 (b) A loan recipient shall seek reimbursement from the
129.36 owner of the property containing the clandestine lab site for
130.1 the costs of the remediation. In addition to other lawful means
130.2 of seeking reimbursement, the loan recipient may recover its
130.3 costs through a property tax assessment by following the
130.4 procedures specified in section 145A.08, subdivision 2,
130.5 paragraph (c).
130.6 (c) A mortgagee is not responsible for cleanup costs under
130.7 this section solely because the mortgagee becomes an owner of
130.8 real property through foreclosure of the mortgage or by receipt
130.9 of the deed to the mortgaged property in lieu of foreclosure.
130.10 Subd. 6. [AWARD AND DISBURSEMENT OF FUNDS.] The authority
130.11 shall award loans to recipients on a first-come, first-served
130.12 basis, provided that the recipient is able to comply with the
130.13 terms and conditions of the authority loan, which must be in
130.14 conformance with this section. The authority shall make a
130.15 single disbursement of the loan upon receipt of a payment
130.16 request that includes a list of remediation expenses and
130.17 evidence that a second-party sampling was undertaken to ensure
130.18 that the remediation work was successful or a guarantee that
130.19 such a sampling will be undertaken.
130.20 Subd. 7. [LOAN CONDITIONS AND TERMS.] (a) When making
130.21 loans from the revolving account, the authority shall comply
130.22 with the criteria in paragraphs (b) to (e).
130.23 (b) Loans must be made at a two percent per annum interest
130.24 rate for terms not to exceed ten years unless the recipient
130.25 requests a 20-year term due to financial hardship.
130.26 (c) The annual principal and interest payments must begin
130.27 no later than one year after completion of the clean up. Loans
130.28 must be amortized no later than 20 years after completion of the
130.29 clean up.
130.30 (d) A loan recipient must identify and establish a source
130.31 of revenue for repayment of the loan and must undertake whatever
130.32 steps are necessary to collect payments within one year of
130.33 receipt of funds from the authority.
130.34 (e) The account must be credited with all payments of
130.35 principal and interest on all loans, except the costs as
130.36 permitted under section 446A.04, subdivision 5, paragraph (a).
131.1 (f) Loans must be made only to recipients with clandestine
131.2 lab ordinances that address remediation.
131.3 Subd. 8. [AUTHORITY TO INCUR DEBT.] Counties and cities
131.4 may incur debt under this section by resolution of the board or
131.5 council authorizing issuance of a revenue bond to the
131.6 authority. The county or city may secure and pay the revenue
131.7 bond only with proceeds derived from the property containing the
131.8 clandestine lab site, including assessments and charges under
131.9 section 145A.08, subdivision 2, paragraph (c), payments by the
131.10 property owner, or similar revenues.
131.11 [EFFECTIVE DATE.] This section is effective July 1, 2005.
131.12 Sec. 16. Minnesota Statutes 2004, section 609.1095,
131.13 subdivision 1, is amended to read:
131.14 Subdivision 1. [DEFINITIONS.] (a) As used in this section,
131.15 the following terms have the meanings given.
131.16 (b) "Conviction" means any of the following accepted and
131.17 recorded by the court: a plea of guilty, a verdict of guilty by
131.18 a jury, or a finding of guilty by the court. The term includes
131.19 a conviction by any court in Minnesota or another jurisdiction.
131.20 (c) "Prior conviction" means a conviction that occurred
131.21 before the offender committed the next felony resulting in a
131.22 conviction and before the offense for which the offender is
131.23 being sentenced under this section.
131.24 (d) "Violent crime" means a violation of or an attempt or
131.25 conspiracy to violate any of the following laws of this state or
131.26 any similar laws of the United States or any other state:
131.27 section sections 152.137; 609.165; 609.185; 609.19; 609.195;
131.28 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228;
131.29 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662;
131.30 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
131.31 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1;
131.32 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision
131.33 1e; 609.687; and 609.855, subdivision 5; any provision of
131.34 sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is
131.35 punishable by a felony penalty; or any provision of chapter 152
131.36 that is punishable by a maximum sentence of 15 years or more.
132.1 [EFFECTIVE DATE.] This section is effective August 1, 2005,
132.2 and applies to crimes committed on or after that date.
132.3 Sec. 17. Minnesota Statutes 2004, section 617.81,
132.4 subdivision 4, is amended to read:
132.5 Subd. 4. [NOTICE.] (a) If a prosecuting attorney has
132.6 reason to believe that a nuisance is maintained or permitted in
132.7 the jurisdiction the prosecuting attorney serves, and intends to
132.8 seek abatement of the nuisance, the prosecuting attorney shall
132.9 provide the written notice described in paragraph (b), by
132.10 personal service or certified mail, return receipt requested, to
132.11 the owner and all interested parties known to the prosecuting
132.12 attorney.
132.13 (b) The written notice must:
132.14 (1) state that a nuisance as defined in subdivision 2 is
132.15 maintained or permitted in the building and must specify the
132.16 kind or kinds of nuisance being maintained or permitted;
132.17 (2) summarize the evidence that a nuisance is maintained or
132.18 permitted in the building, including the date or dates on which
132.19 nuisance-related activity or activities are alleged to have
132.20 occurred;
132.21 (3) inform the recipient that failure to abate the conduct
132.22 constituting the nuisance or to otherwise resolve the matter
132.23 with the prosecuting attorney within 30 days of service of the
132.24 notice may result in the filing of a complaint for relief in
132.25 district court that could, among other remedies, result in
132.26 enjoining the use of the building for any purpose for one year
132.27 or, in the case of a tenant, could result in cancellation of the
132.28 lease; and
132.29 (4) inform the owner of the options available under section
132.30 617.85.
132.31 [EFFECTIVE DATE.] This section is effective August 1, 2005,
132.32 and applies to acts committed on or after that date.
132.33 Sec. 18. Minnesota Statutes 2004, section 617.85, is
132.34 amended to read:
132.35 617.85 [NUISANCE; MOTION TO CANCEL LEASE.]
132.36 Where notice is provided under section 617.81, subdivision
133.1 4, that an abatement of a nuisance is sought and the
133.2 circumstances that are the basis for the requested abatement
133.3 involved the acts of a commercial or residential tenant or
133.4 lessee of part or all of a building, the owner of the building
133.5 that is subject to the abatement proceeding may file before the
133.6 court that has jurisdiction over the abatement proceeding a
133.7 motion to cancel the lease or otherwise secure restitution of
133.8 the premises from the tenant or lessee who has maintained or
133.9 conducted the nuisance. The owner may assign to the prosecuting
133.10 attorney the right to file this motion. In addition to the
133.11 grounds provided in chapter 566, the maintaining or conducting
133.12 of a nuisance as defined in section 617.81, subdivision 2, by a
133.13 tenant or lessee, is an additional ground authorized by law for
133.14 seeking the cancellation of a lease or the restitution of the
133.15 premises. Service of motion brought under this section must be
133.16 served in a manner that is sufficient under the Rules of Civil
133.17 Procedure and chapter 566.
133.18 It is no defense to a motion under this section by the
133.19 owner or the prosecuting attorney that the lease or other
133.20 agreement controlling the tenancy or leasehold does not provide
133.21 for eviction or cancellation of the lease upon the ground
133.22 provided in this section.
133.23 Upon a finding by the court that the tenant or lessee has
133.24 maintained or conducted a nuisance in any portion of the
133.25 building, the court shall order cancellation of the lease or
133.26 tenancy and grant restitution of the premises to the owner. The
133.27 court must not order abatement of the premises if the court:
133.28 (a) cancels a lease or tenancy and grants restitution of
133.29 that portion of the premises to the owner; and
133.30 (b) further finds that the act or acts constituting the
133.31 nuisance as defined in section 617.81, subdivision 2, were
133.32 committed by the tenant or lessee whose lease or tenancy has
133.33 been canceled pursuant to this section and the tenant or lessee
133.34 was not committing the act or acts in conjunction with or under
133.35 the control of the owner.
133.36 [EFFECTIVE DATE.] This section is effective August 1, 2005,
134.1 and applies to acts committed on or after that date.
134.2 Sec. 19. [DEVELOPMENT OF COMPUTER SYSTEM; REPORT.]
134.3 The commissioner of public safety shall study the
134.4 feasability of a centralized computer or electronic system to
134.5 enable pharmacies to carry out their duties under Minnesota
134.6 Statutes, section 152.02, subdivision 6, paragraph (e), clause
134.7 (2), electronically or by the Internet. By February 1, 2006,
134.8 the commissioner shall report its findings to the legislature.
134.9 The report may include a proposal to enable pharmacies to switch
134.10 from written logs to electronic logs that are compatible with
134.11 the proposed system, and suggested statutory changes and a cost
134.12 estimate to accomplish this.
134.13 Sec. 20. [BOARD OF VETERINARY MEDICINE REPORT, PRECURSOR
134.14 ANIMAL PRODUCTS.]
134.15 The Board of Veterinary Medicine shall study and issue a
134.16 report on animal products that may be used in the manufacture of
134.17 methamphetamine. The report must include proposals for
134.18 restricting access to such products only to legitimate users,
134.19 specifically addressing the manufacturing, wholesaling,
134.20 distributing, and retailing of precursor veterinary products.
134.21 The board shall report its findings to the chairs and ranking
134.22 minority members of the senate and house committees having
134.23 jurisdiction over criminal justice and veterinary policy by
134.24 February 1, 2006.
134.25 [EFFECTIVE DATE.] This section is effective the day
134.26 following final enactment.
134.27 Sec. 21. [REVISOR'S INSTRUCTION.]
134.28 The revisor of statutes shall recodify the provisions of
134.29 Minnesota Statutes, section 152.021, subdivision 2a, paragraph
134.30 (b), and subdivision 3, as amended by this article, that relate
134.31 to the possession of chemical reagents or precursors with the
134.32 intent to manufacture methamphetamine and the penalties for
134.33 doing this into a new section of law codified as Minnesota
134.34 Statutes, section 152.0262. The revisor shall make any
134.35 necessary technical changes, including, but not limited to,
134.36 changes to statutory cross-references, to Minnesota Statutes,
135.1 section 152.021, and any other statutory sections to accomplish
135.2 this.
135.3 Sec. 22. [REPEALER.]
135.4 Minnesota Statutes 2004, sections 18C.005, subdivisions 1a
135.5 and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision
135.6 5, are repealed.
135.7 [EFFECTIVE DATE.] This section is effective August 1, 2005,
135.8 and applies to crimes committed on or after that date.