Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill makes any material containing any quantity of ephedrine or pseudoephedrine a Schedule III controlled substance and revises present law regarding immediate methamphetamine precursors.

SCHEDULE III CONTROLLED SUBSTANCES

Under present law, it is an offense for a person to knowingly manufacture, deliver, or sell a controlled substance or to possess a controlled substance with intent to manufacture, deliver, or sell. Generally, if the substance is a Schedule III controlled substance, the offense is a Class D felony and, in addition, may be fined up to $50,000.

This bill specifies that any material, compound, mixture, or preparation that contains any quantity of ephedrine or pseudoephedrine would be considered a Schedule III controlled substance.

IMMEDIATE METHAMPHETAMINE PRECURSORS

Under present law, any product that contains any immediate methamphetamine precursor may be dispensed only by a licensed pharmacy, unless the ingredients are in a form that cannot be used in the manufacture of methamphetamine. This bill additionally requires that such products only be dispensed by the licensed pharmacy upon presentment of a valid prescription issued by a licensed physician, certified physician assistant, or nurse who is authorized to practice medicine under present law under the supervision, control and responsibility of a licensed physician. A person that dispenses such a product without a valid prescription would commit a Class A misdemeanor, punishable by fine only, pursuant to present law. This bill specifies that the owner or operator of the pharmacy that dispenses the product without a valid prescription would also be in violation of the above provision and that the violation would be treated as provided by present law for other violations of dispensing a controlled substance without a valid prescription.

Present law prohibits a pharmacy from selling to the same person more than three individual packages of any nonexempt product containing any immediate methamphetamine precursor and from selling to the same person any combination of the products containing more than nine grams of ephedrine, pseudoephedrine, or their salts, isomers, or salts of isomers, during the same 30-day period, unless the product obtained is pursuant to a valid prescription. This bill removes these prohibitions, due to this bill's requirement that a prescription would be required in all instances.

Present law requires the pharmacist, or any pharmacy technician or pharmacy intern under the supervision of the pharmacist, to require any person purchasing a nonexempt product that contains any immediate methamphetamine precursor to present valid government issued identification at the point of sale. The pharmacist, pharmacy technician or pharmacy intern must maintain an electronic record of the sale. The electronic record must be maintained in a manner that allows for the determination of the equivalent number of packages purchased and total quantity of base ephedrine or pseudoephedrine purchased. In lieu of maintaining an electronic record, a pharmacy may maintain a written register containing the information required to be in the electronic record.

This bill removes the requirements regarding the presentment of a valid government issued identification at the point of sale and the maintenance of an electronic record or written registry of the sale.

Present law requires that nonexempt products containing an immediate methamphetamine precursor be maintained behind the counter of the pharmacy or in a locked case within view of and within 25 feet of the counter. This bill revises this provision to instead require that such products be maintained "in the same manner as other controlled substances."