2005 Legislation
Print Friendly

SENATE BILL NO. 1101 – Pseudoephedrine, sale

SENATE BILL NO. 1101

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



S1101................................................by JUDICIARY AND RULES
DRUGS - Adds to existing law to provide duties of retailers selling or
distributing products containing phenylpropanolamine or pseudoephedrine, or
their salts, isomers or salts of isomers; to provide duties of the Board of
Pharmacy; to provide rules; to provide maximum amounts that may be acquired
in a thirty day period; to provide that a city or county may not adopt any
ordinance that would impose conditions or requirements more stringent or
broader in scope; and to provide penalties.
                                                                        
02/08    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1101
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CONTROLLED SUBSTANCES; AMENDING CHAPTER 27, TITLE 37, IDAHO  CODE,
  3        BY THE ADDITION OF A NEW SECTION 37-2727, IDAHO CODE, TO PROVIDE DUTIES OF
  4        RETAILERS  SELLING OR DISTRIBUTING PRODUCTS CONTAINING PHENYLPROPANOLAMINE
  5        OR PSEUDOEPHEDRINE OR THEIR SALTS, ISOMERS OR SALTS OF ISOMERS, TO PROVIDE
  6        DUTIES OF THE BOARD OF PHARMACY, TO PROVIDE EXEMPTIONS, TO PROVIDE  RULES,
  7        TO PROVIDE MAXIMUM AMOUNTS THAT MAY BE ACQUIRED IN A THIRTY DAY PERIOD, TO
  8        PROVIDE  THAT  A  CITY  OR  COUNTY  MAY NOT ADOPT ANY ORDINANCE THAT WOULD
  9        IMPOSE CONDITIONS OR REQUIREMENTS MORE STRINGENT OR BROADER IN SCOPE  THAN
 10        THIS ACT AND TO PROVIDE PENALTIES.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Chapter  27,  Title 37, Idaho Code, be, and the same is
 13    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 14    ignated as Section 37-2727, Idaho Code, and to read as follows:
                                                                        
 15        37-2727.  RETAILERS SELLING PHENYLPROPANOLAMINE OR PSEUDOEPHEDRINE. (1) It
 16    shall  be  unlawful  to sell or distribute products containing phenylpropanol-
 17    amine or pseudoephedrine or their salts, isomers or salts of  isomers  by  any
 18    means other than vendor assisted sales where the customer has no access to the
 19    product except through the assistance of the seller.
 20        (2)  Any  retailer or other person, before selling, transferring or other-
 21    wise furnishing any drug or  cosmetic  that  contains  phenylpropanolamine  or
 22    pseudoephedrine  or their salts, isomers or salts of isomers to any other per-
 23    son, shall require:
 24        (a)  A government-issued photo identification showing the name and address
 25        of the transferee to be the same as is recorded in the log; and
 26        (b)  The transferee to sign a log or  receipt  showing  the  date  of  the
 27        transaction,  the  printed  name  of the transferee, and the amount of the
 28        compound, the name of the  mixture or preparation and the method of   pay-
 29        ment  for  the  transaction.   All information required by this subsection
 30        shall be recorded in a log.
 31        (3)  The records of sales and transfers required by this section shall  be
 32    available for inspection by the board of pharmacy and its authorized represen-
 33    tatives and shall be maintained for one (1) year.
 34        (4)  The  provisions  of  this section do not apply to any sale, transfer,
 35    furnishing or receipt of any drug that contains phenylpropanolamine or pseudo-
 36    ephedrine or their salts, isomers or salts of isomers if:
 37        (a)  The compound, mixture, or preparation is in liquid,  liquid  capsule,
 38        or gel capsule form;
 39        (b)  The  phenylpropanolamine  or  pseudoephedrine  is not the only active
 40        ingredient unless such drug is included by rule of the board  pursuant  to
 41        subsection (5) of this section;
 42        (c)  Such  drug  or  cosmetic  consists of a glycerin matrix that inhibits
 43        conversion into a controlled substance.
                                                                        
                                           2
                                                                        
  1        (5)  The board of pharmacy, by rule, may include compounds,  mixtures,  or
  2    preparations  containing  phenylpropanolamine, pseudoephedrine or their salts,
  3    isomers or salts of isomers in combination with other  active  ingredients  if
  4    the  product  is  determined  to  have  been formulated in such a way as to be
  5    effective for  conversion of an active ingredient into methamphetamine.
  6        (6)  No person shall purchase, receive or otherwise acquire more than nine
  7    (9) grams of any product, mixture or preparation within any  thirty  (30)  day
  8    period;  provided, this limit shall not apply to any quantity of such product,
  9    mixture or preparation dispensed pursuant to a valid prescription.
 10        (7)  A city or county may not adopt any ordinance that would impose condi-
 11    tions or requirements more stringent or broader in scope than this section.
 12        (8)  A violation of this section shall be a misdemeanor.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 14804C1

The purpose of this legislation is to control the purchase of
compounds used in methamphetamine production.


                          FISCAL IMPACT

None.


Contact   
Name:     Sen. Mike Burkett
Phone:    332-1351

STATEMENT OF PURPOSE/FISCAL NOTE                   S 1101