HCS SCS SB 10 & 27 -- CONTROLLED SUBSTANCES

SPONSOR:  Cauthorn (Lipke)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 13 to 0.

This substitute creates several restrictions regarding the sale
of compounds containing ephedrine or pseudoephedrine.

The substitute makes pseudoephedrine a Schedule V drug.
Compounds containing ephedrine and pseudoephedrine may be sold
only by pharmacies.  The pharmacy must keep a log of all sales,
keep these products behind a counter where the public is not
permitted, and demand photo identification from the purchaser
proving he or she is at least 18 years of age.  All records of
these sales will be open for inspection by law enforcement
officials.

The purchase of products containing ephedrine or pseudoephedrine
is limited to nine grams of ephedrine or pseudoephedrine per
month, unless purchased by prescription.  Current law limits only
the amount of ephedrine or pseudoephedrine that can be purchased
at one time.

The 30-day restrictions do not apply to compounds that are in a
liquid or liquid-filled gel capsule form.  However, a person may
not buy more than nine grams in liquid form in one purchase.  The
Department of Health and Senior Services may, by rule, grant
exemptions for any drug that the department finds is not used in
the illegal manufacture of methamphetamine or other controlled
substances.

The substitute repeals a provision which exempts retailers from
the sales restrictions when they have an electronic anti-theft
system in place to prevent the theft of these drugs and a
provision that protects the owner of the store from liability as
long as the owner has a training program in place to inform
employees of the sales restrictions.

A violation of these provisions is a class A misdemeanor.

The substitute contains an emergency clause.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that the bill is patterned after
legislation enacted in Oklahoma which has yielded tremendous
results.  Limiting the meth producer's access to pseudoephedrine
is key to stopping the production of methamphetamine.  Cold
remedies will still be available to the consumer, but meth
producers will have a hard time getting the huge quantities they
need.

Testifying for the bill were Senator Cauthorn; Missouri Sheriffs
Association; Missouri Petroleum Marketers and Convenience Store
Association; Department of Health and Senior Services; Office of
the Attorney General; and Missouri Retailers Association.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm