2005 Legislation
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HOUSE BILL NO. 1 – Pseudoephedrine, sale

HOUSE BILL NO. 1

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                     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