View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0001aa................................by RING, WILLS, RUSCHE, AND MITCHELL PSEUDOEPHEDRINE - Amends existing law to provide conditions for sale of any compound, mixture or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers. 01/12 House intro - 1st rdg - to printing 01/13 Rpt prt - to Jud 02/04 Rpt out - rec d/p - to 2nd rdg 02/07 2nd rdg - to 3rd rdg 02/08 To Gen Ord 02/16 Rpt out amen - to engros 02/17 Rpt engros - 1st rdg - to 2nd rdg as amen 02/18 2nd rdg - to 3rd rdg as amen 02/23 Ret'd to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 1 BY RING, WILLS, RUSCHE, AND MITCHELL 1 AN ACT 2 RELATING TO CONTROLLED SUBSTANCES; AMENDING SECTION 37-2713, IDAHO CODE, TO 3 PRESCRIBE CONDITIONS FOR SALE OF ANY COMPOUND, MIXTURE, OR PREPARATION 4 CONTAINING ANY DETECTABLE QUANTITY OF PSEUDOEPHEDRINE, ITS SALTS OR OPTI- 5 CAL ISOMERS, OR SALTS OF OPTICAL ISOMERS; DECLARING AN EMERGENCY AND PRO- 6 VIDING AN EFFECTIVE DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 37-2713, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 37-2713. SCHEDULE V. (a) Schedule V shall consist of the drugs and other 11 substances, by whatever official name, common or usual name, chemical name, or 12 brand name designated, listed in this section. 13 (b) Narcotic drugs. Unless specifically excepted or unless listed in 14 another schedule, any material, compound, mixture, or preparation containing 15 any of the following narcotic drugs and their salts, as set forth below. 16 (c) Narcotic drugs containing nonnarcotic active medicinal ingredients. 17 Any compound, mixture, or preparation containing any of the following limited 18 quantities of narcotic drugs or salts thereof, which shall include one (1) or 19 more nonnarcotic active medicinal ingredients in sufficient proportion to con- 20 fer upon the compound, mixture, or preparation, valuable medicinal qualities 21 other than those possessed by the narcotic drug alone: 22 (1) Not more than 200 milligrams of codeine per 100 milliliters or per 23 100 grams; 24 (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters 25 or per 100 grams; 26 (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or 27 per 100 grams; 28 (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 29 micrograms of atropine sulfate per dosage unit; 30 (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 31 grams; 32 (6) Not more than 0.5 milligrams difenoxin and not less than 25 33 micrograms of atropine sulfate per dosage unit. 34 (d) Pseudoephedrine. Any compound, mixture or preparation containing any 35 detectable quantity of pseudoephedrine, its salts or optical isomers, or salts 36 of optical isomers. 37 (1) No compound, mixture or preparation as specified in this subsection 38 (d) may be dispensed, sold or distributed except in a pharmacy under the 39 following conditions: 40 (i) It shall be dispensed, sold or distributed only by a licensed 41 pharmacist or a licensed pharmacy technician; and 42 (ii) Any person purchasing, receiving or otherwise acquiring any 43 compound, mixture or preparation shall produce a photo identification 2 1 showing the date of birth of the person and shall sign a written log 2 or receipt showing the date of the transaction, name of the person, 3 and the amount of the compound, mixture or preparation. 4 (2) No person shall purchase, receive or otherwise acquire more than nine 5 (9) grams of any product, mixture or preparation within any thirty (30) 6 day period; provided, this limit shall not apply to any quantity of such 7 product, mixture or preparation dispensed pursuant to a valid prescrip- 8 tion. 9 (3) The board may remove a product, mixture or preparation from this 10 schedule which the board finds is not used in the illegal manufacture of 11 methamphetamine or other controlled dangerous substances. A manufacturer 12 of a drug product may apply for removal of the product from the schedule 13 if the product is determined by the board to have been formulated in such 14 a way as to effectively prevent the conversion of the active ingredient 15 into methamphetamine. 16 (e) Other substances. Unless specifically excepted or unless listed in 17 another schedule, any material, compound, mixture or preparation which con- 18 tains any quantity of the following substances, including its salts: 19 (1) Propylhexedrine (except as Benzedrex [TM] inhaler); 20 (2) Pyrovalerone. 21 SECTION 2. An emergency existing therefor, which emergency is hereby 22 declared to exist, this act shall be in full force and effect thirty days from 23 its passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved by Ring Seconded by Wills IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 1 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, delete line 9 and insert: 3 "(3) The provisions of this subsection (d) do not apply to any sale, 4 transfer, furnishing or receipt of any drug that contains pseudoephedrine or 5 its salts, isomers or salts of isomers if the compound, mixture or preparation 6 is in liquid, liquid capsule, or gel capsule form. The board may remove a 7 product, mixture or preparation from the".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 1, As Amended BY RING, WILLS, RUSCHE, AND MITCHELL 1 AN ACT 2 RELATING TO CONTROLLED SUBSTANCES; AMENDING SECTION 37-2713, IDAHO CODE, TO 3 PRESCRIBE CONDITIONS FOR SALE OF ANY COMPOUND, MIXTURE, OR PREPARATION 4 CONTAINING ANY DETECTABLE QUANTITY OF PSEUDOEPHEDRINE, ITS SALTS OR OPTI- 5 CAL ISOMERS, OR SALTS OF OPTICAL ISOMERS; DECLARING AN EMERGENCY AND PRO- 6 VIDING AN EFFECTIVE DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 37-2713, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 37-2713. SCHEDULE V. (a) Schedule V shall consist of the drugs and other 11 substances, by whatever official name, common or usual name, chemical name, or 12 brand name designated, listed in this section. 13 (b) Narcotic drugs. Unless specifically excepted or unless listed in 14 another schedule, any material, compound, mixture, or preparation containing 15 any of the following narcotic drugs and their salts, as set forth below. 16 (c) Narcotic drugs containing nonnarcotic active medicinal ingredients. 17 Any compound, mixture, or preparation containing any of the following limited 18 quantities of narcotic drugs or salts thereof, which shall include one (1) or 19 more nonnarcotic active medicinal ingredients in sufficient proportion to con- 20 fer upon the compound, mixture, or preparation, valuable medicinal qualities 21 other than those possessed by the narcotic drug alone: 22 (1) Not more than 200 milligrams of codeine per 100 milliliters or per 23 100 grams; 24 (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters 25 or per 100 grams; 26 (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or 27 per 100 grams; 28 (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 29 micrograms of atropine sulfate per dosage unit; 30 (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 31 grams; 32 (6) Not more than 0.5 milligrams difenoxin and not less than 25 33 micrograms of atropine sulfate per dosage unit. 34 (d) Pseudoephedrine. Any compound, mixture or preparation containing any 35 detectable quantity of pseudoephedrine, its salts or optical isomers, or salts 36 of optical isomers. 37 (1) No compound, mixture or preparation as specified in this subsection 38 (d) may be dispensed, sold or distributed except in a pharmacy under the 39 following conditions: 40 (i) It shall be dispensed, sold or distributed only by a licensed 41 pharmacist or a licensed pharmacy technician; and 42 (ii) Any person purchasing, receiving or otherwise acquiring any 43 compound, mixture or preparation shall produce a photo identification 2 1 showing the date of birth of the person and shall sign a written log 2 or receipt showing the date of the transaction, name of the person, 3 and the amount of the compound, mixture or preparation. 4 (2) No person shall purchase, receive or otherwise acquire more than nine 5 (9) grams of any product, mixture or preparation within any thirty (30) 6 day period; provided, this limit shall not apply to any quantity of such 7 product, mixture or preparation dispensed pursuant to a valid prescrip- 8 tion. 9 (3) The provisions of this subsection (d) do not apply to any sale, 10 transfer, furnishing or receipt of any drug that contains pseudoephedrine 11 or its salts, isomers or salts of isomers if the compound, mixture or 12 preparation is in liquid, liquid capsule, or gel capsule form. The board 13 may remove a product, mixture or preparation from the schedule which the 14 board finds is not used in the illegal manufacture of methamphetamine or 15 other controlled dangerous substances. A manufacturer of a drug product 16 may apply for removal of the product from the schedule if the product is 17 determined by the board to have been formulated in such a way as to effec- 18 tively prevent the conversion of the active ingredient into methamphet- 19 amine. 20 (e) Other substances. Unless specifically excepted or unless listed in 21 another schedule, any material, compound, mixture or preparation which con- 22 tains any quantity of the following substances, including its salts: 23 (1) Propylhexedrine (except as Benzedrex [TM] inhaler); 24 (2) Pyrovalerone. 25 SECTION 2. An emergency existing therefor, which emergency is hereby 26 declared to exist, this act shall be in full force and effect thirty days from 27 its passage and approval.
STATEMENT OF PURPOSE RS 14577 The purpose of this legislation is to control the purchase of compounds used in methamphetamine production FISCAL IMPACT None. Contact Name: Representatives Ring, Wills, Rusche, and Mitchell Phone: 208-332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 1