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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 - 2005
IN 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 - 2005
Moved 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 - 2005
IN 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