HF2476

Purpose of the Bill

The purpose of this bill is to modify the restrictions on the sale and purchase of certain over-the-counter (OTC) allergy medicines, specifically those containing methamphetamine precursor drugs like ephedrine and pseudoephedrine.

Main Provisions

• Sale Restrictions: The bill places limits on the amount of methamphetamine precursor drugs that can be sold in a single OTC transaction. No more than two packages or a total weight of six grams of the precursor drugs can be sold in one sale.

• Purchase Limits: Individuals cannot acquire more than seven grams of methamphetamine precursor drugs within a 30-day period through OTC sales.

• Display and Sales Authorization: Methamphetamine precursor drugs must be displayed behind a checkout counter and sold only by a licensed pharmacist, pharmacy technician, or pharmacy clerk. Buyers must provide photographic identification and sign a record of the sale, which must be kept for three years.

• Age Restrictions: It is prohibited to sell methamphetamine precursor drugs to individuals under 18 years old. Sellers have a defense if they reasonably relied on proof of age.

• Criminal Penalties: Violators of these restrictions may face a misdemeanor charge, with potential imprisonment up to 90 days or a fine up to $1,000, or both.

• Protection for Businesses: Business owners and supervisors are protected from criminal penalties if an employee violates these provisions without their knowledge, and if a training program was provided on relevant laws.

• Exemptions: Certain products are exempt from these restrictions, including pediatric products for children under 12, certified methamphetamine-resistant products, gel capsule or liquid forms, and products where pseudoephedrine is less than 1% of total weight.

• Record Keeping and Reporting: Employees must report suspicious transactions involving precursors, with protection from civil liability for good-faith reports.

Significant Changes to Existing Law

• Local Ordinance Preemption: This bill preempts any local ordinances regulating the sale of products containing ephedrine or pseudoephedrine, making those enacted prior to this bill void.

Relevant Terms

• Methamphetamine precursor drugs
• Ephedrine
• Pseudoephedrine
• Over-the-counter (OTC) sale
• Pharmacist
• Misdemeanor
• Pediatric products
• Drug purchase limits
• Sale restrictions
• Local ordinance preemption