Terms Used In Minnesota Statutes > Chapter 152 - Drugs; Controlled Substances

• Absent parent: means a minor child's parent who does not live in the same home as the child. See Minnesota Statutes 256J.08
• Administer: means to deliver by, or pursuant to the lawful order of a practitioner a single dose of a controlled substance to a patient or research subject by injection, inhalation, ingestion, or by any other immediate means. See Minnesota Statutes 152.01
• Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• analog: means a substance, the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II:

  (1) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; or

  (2) with respect to a particular person, if the person represents or intends that the substance have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II. See Minnesota Statutes 152.01

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appeal: means a written statement from an applicant or participant who requests a hearing under section 256J. See Minnesota Statutes 256J.08
• Applicant: means a person who has submitted to a county agency an application and whose application has not been acted upon, denied, or voluntarily withdrawn. See Minnesota Statutes 256J.08
• Application: means the submission by or on behalf of a family to a county agency of a completed, signed, and dated form, prescribed by the commissioner, that indicates the desire to receive assistance. See Minnesota Statutes 256J.08
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Artificially derived cannabinoid: has the meaning given in section 342. See Minnesota Statutes 152.01
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Balanced budget: A budget in which receipts equal outlays.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Basic needs: means the minimum personal requirements of subsistence and is restricted to food, clothing, shelter, utilities, and other items for which the loss, or lack of basic needs, is determined by the county agency to pose a direct, immediate threat to the physical health or safety of the applicant or participant. See Minnesota Statutes 256J.08
• Budget month: means the calendar month which the county agency uses to determine the income or circumstances of an assistance unit to calculate the amount of the assistance payment in the payment month. See Minnesota Statutes 256J.08
• Cannabis concentrate: has the meaning given in section 342. See Minnesota Statutes 152.01
• Cannabis flower: has the meaning given in section 342. See Minnesota Statutes 152.01
• Cannabis plant: has the meaning given in section 342. See Minnesota Statutes 152.01
• Cannabis product: has the meaning given in section 342. See Minnesota Statutes 152.01
• Caregiver: means a minor child's birth or adoptive parent or parents and stepparent who live in the home with the minor child. See Minnesota Statutes 256J.08
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• children: includes children by birth or adoption;

  (9) "day" comprises the time from midnight to the next midnight;

  (10) "fiscal year" means the year by or for which accounts are reckoned;

  (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

  (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

  (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

  (14) "minor" means an individual under the age of 18 years;

  (15) "money" means lawful money of the United States;

  (16) "night time" means the time from sunset to sunrise;

  (17) "non compos mentis" refers to an individual of unsound mind;

  (18) "notary" means a notary public;

  (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

  (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

• Cocaine: means coca leaves and any salt, compound, derivative, or preparation of coca leaves, including cocaine and ecgonine, the salts and isomers of cocaine and ecgonine, and the salts of their isomers and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of those substances, except decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine. See Minnesota Statutes 152.01
• Commissioner: means the commissioner of human services or the commissioner's designated representative. See Minnesota Statutes 256J.08
• Commissioner of education-selected high school equivalency: means the high school equivalency certification issued by the commissioner of education as an equivalent to a secondary school diploma under section 124D. See Minnesota Statutes 256J.08
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means a drug, substance, or immediate precursor in Schedules I through V of section 152. See Minnesota Statutes 152.01
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Countable income: means earned and unearned income that is described in section 256P. See Minnesota Statutes 256J.08
• Counted earnings: means the earned income that remains after applicable disregards under section 256J. See Minnesota Statutes 256J.08
• County agency: means the agency designated by the county board to implement financial assistance for current programs and for MFIP and the agency responsible for enforcement of child support collection, and a county or multicounty agency that is authorized under sections 393. See Minnesota Statutes 256J.08
• County board: means a board of commissioners, a local services agency as defined in chapter 393, a board established under the Joint Powers Act, section 471. See Minnesota Statutes 256J.08
• County of financial responsibility: means the county that has financial responsibility for providing public assistance as specified in chapter 256G. See Minnesota Statutes 256J.08
• County of residence: means the county where the caregiver has established a home. See Minnesota Statutes 256J.08
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Date of application: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deem: means to treat all or part of the income of an individual who is not in the assistance unit, but who is financially responsible for members of the assistance unit, as if it were income available to the assistance unit. See Minnesota Statutes 256J.08
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Minnesota Department of Human Services. See Minnesota Statutes 256J.08
• Dependent: A person dependent for support upon another.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Dispense: means to deliver one or more doses of a controlled substance in a suitable container, properly labeled, for subsequent administration to, or use by a patient or research subject. See Minnesota Statutes 152.01
• Disqualified: means being ineligible to receive MFIP due to noncooperation with program requirements. See Minnesota Statutes 256J.08
• Documentation: means a written statement or record that substantiates or validates an assertion made by a person or an action taken by a person, agency, or entity. See Minnesota Statutes 256J.08
• drug: includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either humans or other animals. See Minnesota Statutes 152.01
• drug paraphernalia: means all equipment, products, and materials of any kind, except those items used in conjunction with permitted uses of controlled substances under this chapter or the Uniform Controlled Substances Act, which are knowingly or intentionally used primarily in (1) manufacturing a controlled substance, (2) injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, or (3) enhancing the effect of a controlled substance. See Minnesota Statutes 152.01
• Drug treatment facility: means any facility in which a residential rehabilitation program licensed under chapter 245G or Minnesota Rules, parts Minnesota Statutes 152.01
• Earned income: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Employable: means a person is capable of performing existing positions in the local labor market, regardless of the current availability of openings for those positions. See Minnesota Statutes 256J.08
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Excluded time: has the meaning given in section 256G. See Minnesota Statutes 256J.08
• Family: includes :

  (1) the following individuals who live together: a minor child or a group of minor children related to each other as siblings, half siblings, stepsiblings, or adoptive siblings, together with their natural, adoptive parents, stepparents, or caregiver as defined in subdivision 11; and

  (2) a pregnant woman with no other children. See Minnesota Statutes 256J.08

• Family violence: means the following, if committed against a family or household member by a family or household member:

  (1) physical harm, bodily injury, or assault;

  (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or

  (3) terroristic threats, within the meaning of section 609. See Minnesota Statutes 256J.08

• Family violence waiver: means a waiver of the 60-month time limit for victims of family violence who meet the criteria in section 256J. See Minnesota Statutes 256J.08
• Family wage level: means 110 percent of the transitional standard as specified in section 256J. See Minnesota Statutes 256J.08
• fentanyl: includes fentanyl, carfentanil, and any fentanyl analogs and fentanyl-related substances listed in section 152. See Minnesota Statutes 152.01
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Gross earned income: means earned income from employment before mandatory and voluntary payroll deductions. See Minnesota Statutes 256J.08
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hallucinogen: means any hallucinogen listed in section 152. See Minnesota Statutes 152.01
• hearing: means the evidentiary hearing conducted by the department human services judge to resolve disputes as specified in section 256J. See Minnesota Statutes 256J.08
• Holiday: includes New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Juneteenth, June 19; Independence Day, July 4; Labor Day, the first Monday in September; Indigenous Peoples Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. See Minnesota Statutes 645.44
• Home: means the primary place of residence used by a person as the base for day-to-day living and does not include locations used as mail drops. See Minnesota Statutes 256J.08
• Household: means a group of persons who live together. See Minnesota Statutes 256J.08
• Immediate precursor: means a substance which the state Board of Pharmacy has found to be and by rule designates as being the principal compound commonly used or produced for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit such manufacture. See Minnesota Statutes 152.01
• Income: means cash or in-kind benefit, whether earned or unearned, received by or available to an applicant or participant that is not property under section 256P. See Minnesota Statutes 256J.08
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lump sum: means nonrecurring income as described in section 256P. See Minnesota Statutes 256J.08
• Majority: means with respect to an individual the period of time after the individual reaches the age of 18. See Minnesota Statutes 645.451
• Majority leader: see Floor Leaders
• Marijuana: means :

  (1) cannabis plants;

  (2) cannabis flower;

  (3) cannabis concentrate;

  (4) cannabis products;

  (5) cannabis seed; or

  (6) a mixture containing any tetrahydrocannabinol or artificially derived cannabinoid in a concentration that exceeds 0. See Minnesota Statutes 152.01

• Medical assistance: means the program established under chapter 256B and Title XIX of the Social Security Act. See Minnesota Statutes 256J.08
• MFIP: means the assistance program authorized in this chapter. See Minnesota Statutes 256J.08
• MFIP assistance unit: means a group of mandatory or optional people receiving or applying for MFIP benefits together. See Minnesota Statutes 256J.08
• Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
• Minor caregiver: means a person who:

  (1) is under the age of 18;

  (2) has never been married or otherwise legally emancipated; and

  (3) is either the natural parent of a minor child living in the same household or is eligible for assistance paid to a pregnant woman. See Minnesota Statutes 256J.08

• Minor child: means a child who is living in the same home of a parent or other caregiver, is not the parent of a child in the home, and is either less than 18 years of age or is under the age of 19 years and is a full-time student in a secondary school or pursuing a full-time secondary level course of vocational or technical training designed to fit students for gainful employment. See Minnesota Statutes 256J.08
• Minority: means with respect to an individual the period of time during which the individual is a minor. See Minnesota Statutes 645.451
• Minority leader: See Floor Leaders
• Mixture: means a preparation, compound, mixture, or substance containing a controlled substance, regardless of purity except as provided in subdivision 16; sections 152. See Minnesota Statutes 152.01
• Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• MSA: means the program established under sections 256D. See Minnesota Statutes 256J.08
• narcotic drug: as used in this chapter shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine. See Minnesota Statutes 152.01
• Noncustodial parent: means a minor child's parent who does not live in the same home as the child. See Minnesota Statutes 256J.08
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Opiate: means any dangerous substance having an addiction forming or addiction sustaining liability similar to morphine or being capable of conversion into a drug having such addiction forming or addiction sustaining liability. See Minnesota Statutes 152.01
• Opium poppy: means the plant of the species Papaver somniferum L. See Minnesota Statutes 152.01
• Orphan drug: means a drug for a disease or condition which is rare in the United States and has been designated as an orphan drug by the Secretary of Health and Human Services as provided in the Orphan Drug Act, Public Law 92-414, as amended. See Minnesota Statutes 152.01
• Overpayment: means the portion of an assistance payment issued by the county agency that is greater than the amount for which the assistance unit is eligible. See Minnesota Statutes 256J.08
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means a child's biological or adoptive parent who is legally obligated to support that child. See Minnesota Statutes 256J.08
• Park zone: includes the area within 300 feet or one city block, whichever distance is greater, of the park boundary. See Minnesota Statutes 152.01
• Participant: includes any of the following:

  (1) a person who is currently receiving cash assistance or the food portion available through MFIP;

  (2) a person who withdraws a cash or food assistance payment by electronic transfer or receives and cashes an MFIP assistance check or food coupons and is subsequently determined to be ineligible for assistance for that period of time is a participant, regardless whether that assistance is repaid;

  (3) the caregiver relative and the minor child whose needs are included in the assistance payment;

  (4) a person in an assistance unit who does not receive a cash and food assistance payment because the case has been suspended from MFIP; and

  (5) a person who receives cash payments under family stabilization services under section 256J. See Minnesota Statutes 256J.08

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Payee: means a person to whom an assistance payment is made payable. See Minnesota Statutes 256J.08
• Payment month: means the calendar month for which the assistance payment is paid. See Minnesota Statutes 256J.08
• Person: includes every individual, copartnership, corporation or association of one or more individuals. See Minnesota Statutes 152.01
• Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
• Person trained in domestic violence: means an individual who works for an organization that is designated by the Minnesota Center for Crime Victims Services as providing services to victims of domestic violence, or a county staff person who has received similar specialized training, and includes any other person or organization designated by a qualifying organization under this section. See Minnesota Statutes 256J.08
• pharmacist intern: means a natural person, a graduate of the College of Pharmacy, University of Minnesota, or other pharmacy college, approved by the board, or a person satisfactorily progressing toward the degree in pharmacy required for licensure, registered by the state Board of Pharmacy, for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist or a qualified applicant, awaiting licensure. See Minnesota Statutes 152.01
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Minnesota Statutes 152.01
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prospective budgeting: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Protective payee: means a person other than the caregiver of an assistance unit who receives the monthly assistance payment on behalf of an assistance unit and is responsible to provide for the basic needs of the assistance unit to the extent of that payment. See Minnesota Statutes 256J.08
• Public housing zone: means any public housing project or development administered by a local housing agency, plus the area within 300 feet of the property's boundary, or one city block, whichever distance is greater. See Minnesota Statutes 152.01
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public waters: means public waters as defined in section 103G. See Minnesota Statutes 645.44
• Qualified professional: means an individual as defined in section 256P. See Minnesota Statutes 256J.08
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recertification: means the periodic review of eligibility factors to determine an assistance unit's continued eligibility. See Minnesota Statutes 256J.08
• Recoupment: means the action of the county agency to reduce a family's monthly assistance payment to recover overpayments caused by client or agency error and overpayments received while an appeal is pending. See Minnesota Statutes 256J.08
• Recovery: means actions taken by a county agency to reclaim the value of overpayments through voluntary repayment, recoupment from the assistance payment, court action, revenue recapture, or federal tax refund offset program (FTROP). See Minnesota Statutes 256J.08
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sanction: means the reduction of a family's assistance payment by a specified percentage of the MFIP standard of need because: a nonexempt participant fails to comply with the requirements of sections 256J. See Minnesota Statutes 256J.08
• School zone: means :

  (1) any property owned, leased, or controlled by a school district or an organization operating a nonpublic school, as defined in section 123B. See Minnesota Statutes 152.01

• seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
• Sell: means :

  (1) to sell, give away, barter, deliver, exchange, distribute or dispose of to another, or to manufacture; or

  (2) to offer or agree to perform an act listed in clause (1); or

  (3) to possess with intent to perform an act listed in clause (1). See Minnesota Statutes 152.01

• Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. ^{Source: U.S. Courts}
• Shelter costs: means rent, manufactured home lot rental costs, or monthly principal, interest, insurance premiums, and property taxes due for mortgages or contracts for deed. See Minnesota Statutes 256J.08
• Small business: means a business entity organized for profit, including but not limited to any individual, partnership, corporation, joint venture, association or cooperative, which entity:

  (1) is not an affiliate or subsidiary of a business dominant in its field of operation; and

  (2) has 20 or fewer full-time employees; or

  (3) in the preceding fiscal year has not had more than the equivalent of $1,000,000 in annual gross revenues; or

  (4) if the business is a technical or professional service, shall not have had more than the equivalent of $2,500,000 in annual gross revenues in the preceding fiscal year. See Minnesota Statutes 645.445

• SSI: means the program authorized under title XVI of the Social Security Act. See Minnesota Statutes 256J.08
• state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
• Statute: A law passed by a legislature.
• subsequent controlled substance conviction: means that before commission of the offense for which the person is convicted under this chapter, the person was convicted of a violation of section 152. See Minnesota Statutes 152.01
• Tax: means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good, service, or other thing. See Minnesota Statutes 645.44
• Transitional standard: means the basic standard for a family without earned income and is a combination of the cash portion and food portion as specified in section 256J. See Minnesota Statutes 256J.08
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unearned income: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Unlawfully: means selling or possessing a controlled substance in a manner not authorized by law. See Minnesota Statutes 152.01
• Vendor: means a provider of goods or services. See Minnesota Statutes 256J.08
• Vendor payment: means a payment authorized by a county agency to a vendor. See Minnesota Statutes 256J.08
• Verification: means the process a county agency uses to establish the accuracy or completeness of information from an applicant, participant, third party, or other source as that information relates to program eligibility or an assistance payment. See Minnesota Statutes 256J.08
• verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
• Violate: includes failure to comply with. See Minnesota Statutes 645.44