Ephedrine and
Pseudoephedrine: Summary of
State Retail Sales Laws
Research current through November 24, 2015.
This project was supported by Grant No. G15599ONDCP03A, awarded by the Office of
National Drug Control Policy. Points of view or opinions in this document are those of the
author and do not necessarily represent the official position or policies of the Office of National
Drug Control Policy or the United States Government.
1
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
STATE
PAGE
ALABAMA .................................................................................................................................4
ALASKA .....................................................................................................................................7
ARIZONA ...................................................................................................................................9
ARKANSAS ..............................................................................................................................12
CALIFORNIA ..........................................................................................................................16
COLORADO ............................................................................................................................18
CONNECTICUT ......................................................................................................................20
DELAWARE ............................................................................................................................21
DISTRICT OF COLUMBIA ..................................................................................................23
FLORIDA .................................................................................................................................24
GEORGIA ................................................................................................................................27
HAWAII ....................................................................................................................................30
IDAHO ......................................................................................................................................33
ILLINOIS .................................................................................................................................36
INDIANA ..................................................................................................................................39
IOWA ........................................................................................................................................42
KANSAS ...................................................................................................................................46
KENTUCKY.............................................................................................................................49
LOUISIANA .............................................................................................................................52
MAINE ......................................................................................................................................54
MARYLAND ............................................................................................................................56
MASSACHUSETTS ................................................................................................................57
MICHIGAN ..............................................................................................................................58
MINNESOTA ...........................................................................................................................62
MISSISSIPPI ............................................................................................................................65
MISSOURI ...............................................................................................................................67
MONTANA...............................................................................................................................71
NEBRASKA .............................................................................................................................76
NEVADA...................................................................................................................................79
NEW HAMPSHIRE ................................................................................................................82
NEW JERSEY ..........................................................................................................................83
NEW MEXICO ........................................................................................................................85
NEW YORK .............................................................................................................................87
2
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
STATE
PAGE
NORTH CAROLINA ..............................................................................................................88
NORTH DAKOTA ..................................................................................................................92
OHIO .........................................................................................................................................95
OKLAHOMA .........................................................................................................................101
OREGON ................................................................................................................................107
PENNSYLVANIA ..................................................................................................................109
RHODE ISLAND ...................................................................................................................112
SOUTH CAROLINA .............................................................................................................113
SOUTH DAKOTA .................................................................................................................119
TENNESSEE ..........................................................................................................................122
TEXAS ....................................................................................................................................128
UTAH ......................................................................................................................................135
VERMONT .............................................................................................................................138
VIRGINIA ..............................................................................................................................141
WASHINGTON .....................................................................................................................145
WEST VIRGINIA ..................................................................................................................151
WISCONSIN ..........................................................................................................................155
WYOMING ............................................................................................................................158
This document analyzes state laws addressing the non-prescription sales of ephedrine and
pseudoephedrine products only. In addition to state laws, Federal law, specifically the Combat
Methamphetamine Epidemic Act of 2005 (P.L. 109-177, 120 Stat. 192), applies in all states.
Accordingly, those states that do not have any state-specific laws addressing retail sales of
ephedrine and pseudoephedrine are governed solely by Federal law.
3
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
ALABAMA
Ala.Code §§ 20-2-190 to 20-2-190.2.
Any product containing ephedrine or pseudoephedrine, their salts or
optical isomers, or salts of optical isomers.
Neither substance is scheduled.
Prescription is not required for Alabama residents, but over-the-counter
(“OTC”) purchasers who reside in states that do have such a
requirement (or present identification from one of those states) are
required to have a prescription.
Seller must be an Alabama-licensed pharmacy that is registered with
Individuals and
businesses allowed the Alabama Alcoholic Beverage Control Board to sell ephedrine
and/or pseudoephedrine products to consumers. The product can be
to sell to public
sold only by a licensed pharmacist, pharmacy technician or employee
supervised by the licensed pharmacist.
Packages of tablets must be placed behind counter where the public not
Location of
substances in store is permitted.
Sales limit – single None other than daily limit.
transaction
Sales limit – daily Three and six tenths (3.6) grams.
Seven grams.
Sales limit – 30day period
18.
Minimum age of
purchaser
Type of purchaser Valid, unsuspended driver’s license or non-driver identification card
issued by Alabama or another state, a U.S. Uniformed Services
ID required
Privilege and Identification Card or U.S. passport.
Criminal history
 Drug offender convicted of the possession of a controlled substance
of purchaser
or drug paraphernalia is prohibited from the retail or prescription
purchase of any ephedrine or pseudoephedrine for the seven years
the person included in the state’s drug offender tracking system.
 Drug offender convicted of the manufacture, distribution or
trafficking of controlled substances is prohibited from the retail or
prescription purchase of any ephedrine or pseudoephedrine for the
ten years the person is in the state’s drug offender tracking system.
Additional
 Any products with a sole active ingredient of ephedrine or
restrictions on
pseudoephedrine at a strength of greater than 30mg cannot be sold
sales
loose in bottles but must be sold in blister packages.
 Purchaser must sign transaction record.
4
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
ALABAMA
Additional
restrictions on
sales
(continued)
Sales tracking
system
Information
recorded in
tracking system
Offenses
5
 Dispensing employee must review Alabama’s drug offender
tracking system at the time of the transaction.
 Real-time electronic sales tracking system made available without
cost to the state or retailers for accessing the system with the
technological capability to receive ephedrine and pseudoephedrine
sales data.
 Must have a stop sale alert that notifies seller if purchaser will
violate quantity limits.
 Stop sale alert must also have an override function for use by a
dispenser of ephedrine or pseudoephedrine who has a reasonable
fear of imminent bodily harm.
Tracking system must be able to accept the following information from
each pharmacy sales transaction: (1) the magnetic transfer or electronic
entry of information data from the identification card into the system;
(2) the type of identification card used; (3) the number, name, date of
birth and current, valid address of the purchaser; (4) the date and time
of the sale; (5) the name of the product being sold; and (6) the total
quantity in grams, of ephedrine or pseudoephedrine.
 Possessing, selling, transferring or attempting to solicit another to do
the same a product containing ephedrine or pseudoephedrine, with
the knowledge or intent that the substance will be used in the
unlawful manufacture of a controlled substance is a Class B felony.
 The failure to require a prescription from a purchaser who resides in
a state that requires it faces a Class A misdemeanor for a first
offense and a Class C felony for a second or subsequent offense.
 Any seller who fails to properly check purchaser ID, have the
purchaser sign a transaction record, enter the transaction information
into the sales tracking system or check the drug offender tracking
system is guilty of a Class A misdemeanor upon a first offense, and
a Class C felony on a second or subsequent offense.
 The sale of ephedrine or pseudoephedrine by a wholesaler,
manufacturer, repackager or retailer without the required license is a
Class A misdemeanor for a first offense and a Class C felony for a
second or subsequent offense.
 Ala.Code § 20-2-190.1 provides that it is “the intent of the
Legislature to prevent and criminally sanction the practice of
smurfing” which is defined as the act of a person (acting alone or in
concert) at the direction or behest of another to circumvent the law
by purchasing multiple quantities of pseudoephedrine and ephedrine
compounds for the intent of manufacturing or attempting to
manufacture methamphetamine.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Suspicious order
reporting
Exceptions
Other
requirements
6
ALABAMA
Any excessive or suspicious sales of such a product by any wholesaler,
manufacturer or repackager must be reported to the Alcohol Beverage
Control Board and the Board of Pharmacy.
Sales restrictions do not apply to products dispensed pursuant to a
legitimate prescription.
Wholesalers, manufacturers and repackagers must record and keep (for
three years) complete records of all sales and transactions including the
names of all parties involved in the transaction, the name of the
products being sold, as well as the total quantity in grams.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and/ or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
7
ALASKA
AS §§ 11.71.020, 11.71.200 to 11.71.210, 11.73.010 to 11.73.020 and
17.30.90.
Ephedrine, pseudoephedrine and phenylpropanolamine or their salts,
isomers, or salts of isomers.
Neither substance is scheduled.
None.
Per AS § 17.30.090, any Alaska sale or purchase must comply with and
meet “the requirements of P.L. 109-177, 120 Stat. 192 [Combat
Methamphetamine Epidemic Act of 2005], with regard to amounts,
identification required, storage, access and availability, and logbooks.”
Must meet federal requirements in the Combat Methamphetamine
Epidemic Act of 2005 (“CMEA”), that is non-prescription products
must be behind the counter or in a locked cabinet.
None other than the daily limit.
Must meet the federal requirements of CEMA.
 Six grams, unless the substance is dispensed pursuant to a valid
prescription or the purchase is made in the ordinary course of a
legitimate business by a: (1) retailer or wholesaler; (2) wholesale
drug distributor licensed by the Board of Pharmacy; (3)
manufacturer of drug products licensed by the Board of Pharmacy;
(4) pharmacist licensed by the Board of Pharmacy; or (5) licensed
health care professional.
 24 grams, if it is purchased in the ordinary course of a legitimate
business or nonprofit organization “operating a camp, lodge, school,
day care center, treatment center, or other organized group activity,
and the location or nature of the activity, or the age of the
participants, makes it impractical for the participants in the activity
to obtain medicinal products.”
16.
Must meet the federal requirements of CEMA.
Not addressed by state law.
None outside of the federal requirements of CEMA.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Sales tracking
system
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
8
ALASKA
Must meet the federal requirements in CEMA for logbooks.
Must meet the federal requirements of CEMA.
 Purchaser violating the 30-day transaction limit constitutes the
offense of “purchase or receipt of restricted amounts of certain listed
chemicals” and is a Class C felony.
 Manufacturing any substance that contains methamphetamine or a
methamphetamine precursor is “misconduct involving a controlled
substance in the second degree,” which is a Class A felony.
Possession of more than six grams of ephedrine or pseudoephedrine
is “prima facie evidence” that the person intended to use the
chemicals to manufacture methamphetamine or aid another in
manufacturing it.
 Seller’s violation of any restriction on sales is subject to a civil
penalty of not more than $10,000 for each violation.
Reporting suspicious orders to law enforcement is voluntary.
Products dispensed pursuant to a valid prescription are not subject to
transaction limits.
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
9
ARIZONA
A.R.S. §§ 13-3404 to 3404.01, 32-1971, 32-1977, 36-2516 and
36-2525.
Ephedrine or pseudoephedrine base, or their salts, isomers or salts of
isomers.
Any compound or preparation containing the single active ingredient
ephedrine or any of its salts is a Schedule V substance.
None.
Not addressed by state law.
A retailer must keep nonprescription products containing
pseudoephedrine or ephedrine behind the counter or in a locked case
where a customer does not have direct access.
None other than the daily limit.
Three and six tenths (3.6) grams.
Nine grams or three packages. Does not apply to prescription products,
where no more than 100 dosage units of any single active ingredient
ephedrine preparation may be sold, offered for sale, bartered or given
away to any one person.
Not addressed by state law.
Valid, governmental-issued ID at point of sale.
Not addressed by state law.
Not addressed by state law.
 Retailer must use an electronic sales tracking system and
electronically submit the required information to the National
Precursor Log Exchange (“NPLEx”) administered by the National
Association of Drug Diversion Investigators (“NADDI”) if the
system is available to retailers without a charge for access.
 If the tracking system fails for any reason, the retailer must maintain
a written log or an alternative electronic recordkeeping mechanism
until the electronic system is fixed.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
ARIZONA
Sales tracking
system
(continued)
Information
recorded in
tracking system
Offenses
10
 System must generate a stop sale alert notification that completion
of the sale would result in the retailer or purchaser violating the
quantity limits prescribed in this section.
 System must contain an override function that may be used by
dispensers of ephedrine or pseudoephedrine who have a reasonable
fear of imminent bodily harm if they do not complete a sale.
At time of purchase, the retailer must record: (1) name and address of
the purchaser; (2) name and quantity of product purchased; (3) date and
time of purchase; and (4) purchaser identification type and number.
NADDI must forward Arizona NPLEx transaction records to the
Arizona Board of Pharmacy each week and provide real-time access to
the NPLEx to Arizona law enforcement.
 Cannot knowingly possess more than 24 grams of pseudoephedrine,
(-)-norpseudoephedrine or phenylpropanolamine without a license
issued by Board of Pharmacy.
 Cannot knowingly purchase more than three packages (not to
exceed nine grams) of pseudoephedrine, (-)-norpseudoephedrine or
phenylpropanolamine without a valid prescription order or a license
issued by Board of Pharmacy.
 Cannot knowingly possess any ephedrine that is uncombined or that
is the sole active ingredient of a product or more than 24 grams of
ephedrine that is combined with another active ingredient in any
ephedrine product without a license issued by Board of Pharmacy.
 Cannot knowingly purchase any ephedrine that is uncombined or is
the sole active ingredient of a product or more than three packages,
not to exceed nine grams of ephedrine that is combined with another
active ingredient in any ephedrine product without a licenses issued
by Board of Pharmacy.
 Cannot sell, transfer or furnish ephedrine, pseudoephedrine, (-)norpseudoephedrine or phenylpropanolamine in a total amount of
more than nine grams in a single transaction in this state unless the
recipient possesses a permit issued by Board of Pharmacy.
 Each of the above offenses is a Class 5 felony.
 Retailer cannot sell more than a total of three packages, not to
exceed nine grams of ephedrine, pseudoephedrine, (-)norpseudoephedrine or phenylpropanolamine in a single transaction
unless the person has a valid prescription. Violating a sales
restriction is a Class 3 misdemeanor, punishable by fine only.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Suspicious order
reporting
Exceptions
Other
requirements
11
ARIZONA
A manufacturer, wholesaler, retailer or other person who sells, transfers
or otherwise furnishes any precursor chemical or regulated chemical to
any person in this state shall submit a report to the Arizona Department
of Public Safety of all of those transactions. However, the reporting
does not apply to: (1) the sale, transfer or furnishing of ordinary
ephedrine, pseudoephedrine, (-)-norpseudoephedrine or
phenylpropanolamine products; or (2) the sale for personal use of
ephedrine, pseudoephedrine, (-)-norpseudoephedrine or
phenylpropanolamine products totaling four packages or less.
Sales restrictions do not apply to products dispensed pursuant to a valid
prescription.
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
12
ARKANSAS
A.C.A. §§ 5-64-1101 to 5-64-1113, 5-64-212, 5-64-1001, and
5-64-1005 to 5-64-1006.
Ark. Admin. Code 070.00.7-07-04-0008.
Any product containing ephedrine, pseudoephedrine or
phenylpropanolamine or any of their salts, isomers, or salts of isomers,
alone or in a mixture.
An ephedrine combination product, pseudoephedrine and
phenylpropanolamine are each Schedule V substances in Arkansas.
However, the classification does not apply to any ephedrine or
pseudoephedrine in liquid, liquid capsule or liquid gel capsule form.
A buyer must present an Arkansas driver’s license or a U.S.
Department of Defense (“DOD”) active duty card. As a result, an outof-state purchaser without a DOD card must have a prescription to
purchase a product in Arkansas.
 Licensed pharmacist or a registered pharmacy technician in a
licensed pharmacy.
 Retail distributor (defined as a grocery store, general merchandise
store, drugstore, convenience store or other related entity) may sell
products for personal use only if either: (1) the Arkansas
Department of Health, in collaboration with the Arkansas Board of
Pharmacy, exempts by rule a product because it has been formulated
to effectively prevent the conversion of the active ingredient into
methamphetamine; or (2) the product contains ephedrine or
pseudoephedrine in liquid, liquid capsule or liquid gel capsule form
and it is dispensed in a single transaction limited to no more than
three (3) packages, with any single package containing no more than
ninety-six (96) liquid capsules or liquid gel capsules or no more than
three (3) grams of ephedrine or pseudoephedrine base.
Not addressed by state law.
 In a single transaction, no more than three packages of one or more
products containing ephedrine, pseudoephedrine or
phenylpropanolamine may be sold.
 Each package must be in a blister pack (each blister with no more
than two dosage units) that contains less than three grams of
ephedrine, pseudoephedrine or phenylpropanolamine base. If use of
a blister pack is infeasible, the product must be packaged in a unit
dose packet/pouch.
 If product is a liquid, the liquid cannot contain more than three
grams of ephedrine, pseudoephedrine or phenylpropanolamine base.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
ARKANSAS
Sales limit – single
transaction
(continued)
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
13
 In addition, a single package of product may not contain more than
96 pills, tablets, gelcaps, capsules or other individual units or more
than three grams of ephedrine, pseudoephedrine, or
phenylpropanolamine, whichever is smaller.
Pharmacist, pharmacy or pharmacy employee must comply with
Federal law prohibiting the sale of more than three and six tenths (3.6)
grams in a 24-hour period.
Five grams of any product containing ephedrine or nine grams of any
product containing pseudoephedrine or phenylpropanolamine.
18.
 Driver’s license or ID card issued by the Arkansas Department of
Finance and Administration that contains a photograph of the
person, the person’s date of birth and a functioning magnetic stripe
or bar code.
 ID card issued by the U.S. Department of Defense to active duty
military personnel that contains a photograph of the person and the
person’s date of birth.
Not addressed by state law.
 Before dispensing a product in a pharmacy, the pharmacist must
make a professional determination as to whether or not there is a
legitimate medical and pharmaceutical need for the product, and
may consider factors such as: (1) prior medication-filling history;
(2) patient screening; and (3) other tools that provide professional
reassurance to the pharmacist.
 Person purchasing, receiving or otherwise acquiring ephedrine,
pseudoephedrine, or phenylpropanolamine must sign a written log
or an electronic log or a receipt that documents: (1) the date of the
transaction; (2) the name of the person; and (3) the quantity of
ephedrine, pseudoephedrine, or phenylypropanolamine1 acquired.
Arkansas Crime Information Center must provide state pharmacies
with access to a real-time electronic logbook with the capability to
calculate both state and federal purchase limitations. Access to the
logbook is to be provided to:
 any person authorized to prescribe or dispense products containing
ephedrine, pseudoephedrine or phenylpropanolamine;
 local, state or federal law enforcement official or a local, state or
federal prosecutor;
 local, state or federal official who requests access for the purpose of
facilitating a product recall necessary for the protection of the public
health and safety; and
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
ARKANSAS
14
Sales tracking
system
(continued)
Information
recorded in
tracking system
 Arkansas State Board of Pharmacy for the purpose of investigating a
suspicious transaction.
Offenses
 Unlawful for any person (other than a pharmacist or other
authorized person) to possess more than five grams of ephedrine or
nine grams of pseudoephedrine or phenylpropanolamine, or their
salts, optical isomers, and salts of optical isomers, alone or in a
mixture. A violation is a Class D felony.
 Possession of more than five grams of ephedrine or more than nine
grams of pseudoephedrine or phenylpropanolamine, or their salts,
optical isomers, and salts of optical isomers constitutes prima facie
evidence of the intent to manufacture methamphetamine or another
controlled substance in violation of the law.
 Unlawful for a person to possess ephedrine, pseudoephedrine or
phenylpropanolamine, or their salts, optical isomers, or salts of
optical isomers with purpose to manufacture methamphetamine. A
violation is either a Class B or Class D felony, depending upon the
volume of methamphetamine that could be produced.
 Unlawful for a person to possess ephedrine, pseudoephedrine or
phenylpropanolamine, or their salts, optical isomers, or salts of
optical isomers in a quantity capable of producing 28 grams or more
of a Schedule I or Schedule II controlled substance that is a narcotic
drug or methamphetamine with purpose to manufacture
methamphetamine. A violation is a Class B felony.
 Unlawful for a person to sell, transfer, distribute, or dispense any
product containing ephedrine, pseudoephedrine or
phenylpropanolamine, or their salts, isomers, or salts of isomers if
the person: (1) knows that the purchaser will use the product as a
precursor to manufacture methamphetamine or another controlled
substance; or (2) sells, transfers, distributes, or dispenses the product
with reckless disregard as to how the product will be used. A
violation is a Class D felony.
Pharmacy must: (1) maintain a written or electronic log or receipts of
transactions involving the sale of ephedrine, pseudoephedrine, or
phenylpropanolamine; and (2) enter any transaction required to be
maintained into the real-time electronic logbook maintained by the
Arkansas Crime Information Center. Records are to be kept for two (2)
years.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
ARKANSAS
Offenses
(continued)
Suspicious order
reporting
Exceptions
Other
requirements
15
 Violations of transaction limits can result in the following penalties:
(1) for a first or second offense upon conviction is guilty of a Class
A misdemeanor and also may be subject to a civil fine not to exceed
$5,000; (2) for a third offense upon conviction is guilty of a Class D
felony and also may be subject to a civil fine not to exceed $5,000;
and (3) for a fourth or subsequent offense upon conviction is guilty
of a Class C felony and also may be subject to a civil fine not to
exceed $10,000.
Any pharmacy, manufacturer, wholesaler or retail distributor that is
required to keep records must report a “suspicious transaction” in
writing to the Arkansas State Board of Pharmacy. Failing to properly
report such a transaction is a Class A misdemeanor. A “suspicious
transaction” means a sale or transfer to which either of the following
applies:
 Circumstances of the sale would lead a reasonable person to believe
that the substance is likely to be used for the purpose of unlawfully
manufacturing a controlled substance in violation of this chapter
based on such factors as: (1) amount; (2) payment method; (3)
delivery method; or (4) past dealings with purchaser; or
 Transaction includes payment in cash or money orders of more than
$200.
Sales limits do not apply to transactions pursuant to valid prescriptions.
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
16
CALIFORNIA
Cal.Health & Safety Code §§ 11100, 11383.5 and 11383.7.
Any product that contains ephedrine, pseudoephedrine,
norpseudoephedrine or phenylpropanolamine.
Neither substance is scheduled.
None.
“Retail distributor,” defined as a “grocery store, general merchandise
store, drugstore or other related entity, the activities of which . . . are
limited exclusively to the sale of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine products for personal
use both in number of sales and volume of sales.”
Not addressed by state law.
Three packages, or nine grams, of a product containing ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine. The
limitation does not apply to “pediatric liquids.”
Not addressed by state law.
Not addressed by state law.
None in cases where the substance is lawfully sold, transferred or
furnished over the counter without a prescription under the federal
Food, Drug and Cosmetics Act, or regulations thereunder.
Not addressed by state law.
Not addressed by state law.
Not addressed by state law.
Not addressed by state law.
Not addressed by state law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
CALIFORNIA
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
17
 First violation of the sales limit is a misdemeanor. For a second or
subsequent offense, a person is subject to imprisonment in a county
jail not exceeding one year, by a fine not exceeding $10,000, or by
both the fine and imprisonment.
 Person with the intent to manufacture methamphetamine who
possesses ephedrine or pseudoephedrine, or any salts, isomers, or
salts of isomers of ephedrine or pseudoephedrine, or who possesses
a substance containing ephedrine or pseudoephedrine, or any salts,
isomers, or salts of isomers of ephedrine or pseudoephedrine, is
guilty of a felony subject to imprisonment for two, four or six years.
 Person who possesses ephedrine or pseudoephedrine, or any salts,
isomers, or salts of isomers of ephedrine or pseudoephedrine, or
who possesses a substance containing ephedrine or
pseudoephedrine, or any salts, isomers, or salts of isomers of
ephedrine or pseudoephedrine, with the intent to sell, transfer, or
otherwise furnish those chemicals, substances, or products to
another person with the knowledge that they will be used to
manufacture methamphetamine is guilty of a felony and subject to
imprisonment for 16 months, two or three years.
Not addressed by state law.
 Sales limits do not apply to products dispensed pursuant to a valid
prescription.
 Sales limits do not apply to “pediatric liquids,” which are defined as
nonencapsulated liquids with a dosage unit of less than 15
milligrams of phenylpropanolamine or pseudoephedrine per five
milliliters of liquid product, except for liquid products primarily
intended for administration to children under two years of age for
which the recommended dosage unit does not exceed two milliliters
and the total package content does not exceed one fluid ounce.
Cal.Health & Safety Code § 11100 preempts all local ordinances or
regulations governing the sale by a retail distributor of OTC products
containing ephedrine, pseudoephedrine, norpseudoephedrine or
phenylpropanolamine.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
18
COLORADO
C.R.S.A. §§ 18-18-204, 18-18-412.5 and 18-18-412.8.
“Methamphetamine precursor drug,” which means ephedrine,
pseudoephedrine, or phenylpropanolamine or their salts, isomers, or
salts of isomers.
Ephedrine is a Schedule II substance in Colorado as an immediate
precursor to amphetamine and methamphetamine. A Colorado appeals
court has affirmed a jury conviction based on the conclusion that
pseudoephedrine is a Schedule II controlled substance analog (People
v. Frantz, 114 P.3d 34 (Colo.App. 2004)).
None.
“Store,” defined as an establishment primarily engaged in the sale of
goods at retail.
Products cannot be offered for sale, stored or displayed in an area of a
store to which the public is allowed access.
None other than daily limit.
Three and six tenths (3.6) grams of any one product or a combination
of products.
Not addressed by state law.
18.
Not addressed by state law.
Not addressed by state law.
None.
Not addressed by state law.
Not addressed by state law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
COLORADO
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
19
 Knowing violation of the retail sales restrictions is a Level 2 drug
misdemeanor. There is an affirmative defense to the violation if the
person performing the retail sale was presented with and reasonably
relied upon a document showing the purchaser as at least age 18.
 No person may possess ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers, or salts of isomers,
with the intent to use such product as an immediate precursor in the
manufacture of any controlled substance. A violation is a Level 2
drug felony.
 Person may be charged both with violating retail sales restrictions
(§ 18-18-412.8) and sale or distribution of materials to manufacture
controlled substances (§ 18-18-412.7).
Not addressed by state law.
Restrictions do not apply to a substance contained in any package or
container that is labeled by the manufacturer as intended for pediatric
use.
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
20
CONNECTICUT
No state-level statutes or regulations. Only federal law applies.
N/A
Neither substance is scheduled.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
21
DELAWARE
16 Del.C. § 4740.
Any OTC material, compound, mixture or preparation containing any
detectable quantity of pseudoephedrine or ephedrine, its salts or optical
isomers, or salts of optical isomers.
Neither substance is scheduled.
None.
Not addressed directly by state law. Language of law indicates that
substances can be sold by pharmacies and other retailers.
Substances may be dispensed, offered for sale, sold or distributed only
from behind a checkout counter, pharmacy counter or in a locked
storage container where the public is not permitted.
None.
None.
Nine grams, unless the purchaser is a pharmacy or retail establishment.
18.
Governmental-issued ID showing date of birth.
Not addressed by state law.
Purchaser must sign a written log or receipt showing the date of the
transaction, name of the person, and the amount of such substance.
Written log must be kept for at least 12 months.
 Pharmacy or retailer must electronically submit information to the
NPLEx system administered by NADDI provided that it is available
to Delaware pharmacies or retailers in Delaware without a charge
for accessing the system.
 Sale cannot be completed if system generates a stop sale alert, but
system must allow an override function that may be used by seller
who has a reasonable fear of imminent bodily harm.
 If a mechanical or electronic failure renders the electronic tracking
system unusable, the pharmacy or retailer must maintain a written
log or an alternative electronic record keeping mechanism until the
electronic system is fixed.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
DELAWARE
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
22
 Electronic or written log must include: (1) date and time of any
transaction; (2) name, address and date of birth of the person
purchasing or obtaining the substance; (3) type of governmentissued ID provided by the person purchasing or obtaining the
substance and identification number; (4) government agency issuing
the identification used; and (5) name of the compound, mixture, or
preparation and the amount.
 NADDI must forward Delaware transaction records in the NPLEx to
the Drug Diversion Unit of the Delaware State Police weekly and
provide real-time access to the NPLEx to state law enforcement in
the State as authorized by the State Police.
Any violation of the law is a Class A misdemeanor.
Not addressed by state law.
Law applies only to non-prescription transactions.
Delaware State Police must establish the electronic tracking system in
conjunction with the existing narcotics tracking system.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
23
DISTRICT OF COLUMBIA
No District-level statutes or regulations. Only federal law applies.
N/A
Neither substance is scheduled.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
24
FLORIDA
F.S.A. § 893.1495. Fla. Admin. Code r. 11D-2.005.
“Ephedrine or related compounds,” which is defined as ephedrine,
pseudoephedrine, phenylpropanolamine, or any of their salts, optical
isomers or salts of optical isomers.
Neither substance is scheduled.
Ephedrine is a prescription drug, generally. However, no prescription
is required for certain products containing ephedrine if they may be
lawfully sold OTC under federal law, are labeled and marketed in a
manner consistent with the pertinent USFDA Over-the-Counter
Tentative Final or Final Monograph and are manufactured and
distributed for legitimate medicinal use in a manner that reduces or
eliminates the likelihood of abuse. These exceptions include:
 Solid oral dosage forms that combine active ingredients in the
following ranges for each dosage unit: (1) Theophylline (100130mg), ephedrine (12.5-24mg); (2) Theophylline (60-100mg),
ephedrine (12.5-24mg), guaifenesin (200-400mg); (3) Ephedrine
(12.5-25mg), guaifenesin (200-400mg); and (4) Phenobarbital (not
greater than 8mg) in combination with the ingredients of (1) or (2);
 Liquid oral dosage forms that combine active ingredients in the
following ranges for each (5ml) dose: (1) Theophylline (not greater
than 45mg), ephedrine (not greater than 36mg), guaifenesin (not
greater than 100mg), phenobarbital (not greater than 12mg); or (2)
Phenylephrine (not greater than 5mg), ephedrine (not greater than
5mg), chlorpheniramine (not greater than 2mg), dextromethorphan
(not greater than 10mg), ammonium chloride (not greater than
40mg), ipecac fluid extract (not greater than 0.005ml);
 Anorectal preparations containing less than 5 percent ephedrine;
 Nasal decongestant compounds, mixtures, or preparations
containing 0.5 percent or less ephedrine; or
 Any drug product containing ephedrine that is marketed pursuant to
an approved new drug application or legal equivalent under the
federal act.
May be sold at retail outlets, but only by employees that have
completed a training program that includes, at a minimum, basic
instruction on state and federal regulations relating to the sale and
distribution of such compounds, mixtures, or preparations.
Behind a checkout counter where the public is not permitted or another
location not otherwise accessible to the general public.
Three packages, regardless of weight.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
25
FLORIDA
Three and six tenths (3.6) grams.
Nine grams.
18.
Government-issued photo ID showing buyer’s name, date of birth,
address and photo identification number or an alternative form of
identification acceptable under 8 CFR § 274a.2(b)(1)(v)(A) and (B)
(documents that verify identity and employment authorization).
Not addressed by state law.
Purchaser must sign name on a record of the purchase, either on paper
or on an electronic signature capture device.
 Florida Department of Law Enforcement (“FDLE”) must approve
an electronic recordkeeping system (referred to in regulations as
either the Methamphetamine Precursor Electronic Monitoring
System or NPLEx) to record and monitor in real-time the OTC
purchase of products containing ephedrine or related compounds
that will be provided to a pharmacy or retailer without any
additional cost or expense. The system must allow the blocking of
nonprescription OTC in excess of those allowed by the laws of this
state or federal law.
 Pharmacy or retailer may request an exemption from electronic
reporting if the pharmacy or retailer lacks the technology to access
the electronic recordkeeping system and such pharmacy or retailer
maintains a sales volume of less than 72 grams of ephedrine or
related compounds in a 30-day period.
 If NPLEx is not operational at a particular time, the retailer must
maintain a written log capturing all required information and enter
the data into NPLEx within 72 hours after operation resumes.
Prior to completing a transaction (both OTC and prescription-based in
a pharmacy), the following information must be recorded in the
electronic tracking system:
 date and time of the transaction;
 name, date of birth, address and photo identification number of the
purchaser;
 type of purchaser ID and the government of issuance;
 number of packages purchased, the total grams per package and the
name of the compound, mixture, or preparation containing
ephedrine or related compounds; and
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
FLORIDA
Information
recorded in
tracking system
(continued)
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
26
 signature of the purchaser or a unique number relating the
transaction to a paper signature maintained at the retail premises.
Data must be kept for at least two years. Information may not be used
except for: (1) law enforcement purposes pursuant to state or federal
law; or (2) to facilitate a product recall for public health and safety.
Violation of a sales restrictions is:
 for a first offense, a misdemeanor of the second degree;
 for a second offense, a misdemeanor of the first degree; and
 for a third or subsequent offense, a felony of the third degree.
Not addressed by state law.
 Use of electronic tracking system is not required if a pharmacy or
retailer has received an exemption from the FDLE.
 Restrictions on sales does not apply to: (1) licensed manufacturers
manufacturing and lawfully distributing products in the channels of
commerce; (2) wholesalers lawfully distributing products in the
channels of commerce; (3) licensed health care facilities; (4)
licensed long-term care facilities; (5) government-operated health
departments; (6) physicians’ offices; (7) publicly operated prisons,
jails, or juvenile correctional facilities or private adult or juvenile
correctional facilities under contract with the state; (8) public or
private educational institutions maintaining health care programs; or
(9) government-operated or industry-operated medical facilities
serving employees of the government or industry operating them.
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
27
GEORGIA
Ga. Code Ann. §§ 16-13-29 and 16-13-30.3 to 16-13-30.4.
Ga Comp. R. & Regs. 480-19-.03 to 480-19-.05.
Any drug product containing ephedrine, pseudoephedrine or
phenylpropanolamine, or any of their salts, isomers, or salts of isomers,
alone or in a mixture.
Pseudoephedrine is an Exempt Over-the-Counter (“exempt”) Schedule
V controlled substance in Georgia and is subject to different
restrictions (via regulation) than products containing only ephedrine or
phenylpropanolamine.
None.
 Pseudoephedrine may be sold only in a pharmacy by a registered
pharmacist, pharmacy intern or pharmacy extern acting under the
direct supervision of a registered pharmacist.
 Other products may be sold by a “retail distributor,” which means a
grocery store, general merchandise store, drugstore, convenience
store, or other related entity whose activities of which involve the
distribution of ephedrine or phenylpropanolamine products.
Products containing exempt Schedule V controlled substance
pseudoephedrine must be stored in a pharmacy’s prescription
department.
Unlawful to possess the smaller of:
 300 pills, tablets, gelcaps, capsules or other individual units; or
 more than nine grams of ephedrine, pseudoephedrine or
phenylpropanolamine, their salts, isomers, or salts of isomers, or a
combination of any of these substances.
For pseudoephedrine, three and six tenths (3.6) grams.
For pseudoephedrine, nine grams.
Not addressed by state law.
For pseudoephedrine, a purchaser must produce an ID issued by a state
or the federal government.
Not addressed by state law.
 Prior to a pseudoephedrine sale, the pharmacist, pharmacy intern or
pharmacy extern must verify the buyer’s ID and ensure that the
buyer has a valid reason for obtaining the pseudoephedrine.
 Purchaser of pseudoephedrine must sign a logbook in writing or
electronically to acknowledge the sale and receipt of product.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
GEORGIA
Additional
restrictions on
sales
(continued)
 Unlawful for a retail distributor to purchase any product containing
pseudoephedrine from any person or entity other than a
manufacturer or a wholesale distributor licensed by the Georgia
Board of Pharmacy.
Sales tracking
system
 For pseudoephedrine sales, a logbook containing either a written or
electronic list of sales. Data in the logbook must be kept for at least
two years and stored in a secure location.
 Pharmacies may, but are not required to, report or transmit sales
data for drug products containing pseudoephedrine to the state
operated central registry, also known as the Georgia
Methamphetamine Information System (“GMIS”).
For pseudoephedrine sales: (1) the name of the pseudoephedrine
containing drug product; (2) strength, and quantity sold; (3) the name
of the buyer; (4) their date of birth, address, zip code; and (5) date and
time of sale. The pharmacy may require additional patient information
for the logbook.
Information
recorded in
tracking system
Offenses
28
 Knowingly possessing more than the maximum amount of products
with the intent to manufacture methamphetamine is a felony
punishable by imprisonment for one to ten years.
 First violation of the purchasing amount restrictions is a
misdemeanor to be punished by a fine of not more than $500.
 Second or subsequent violation of the purchasing amount
restrictions is a misdemeanor punishable by no more than six
months’ imprisonment or a fine of not more than $1,000, or both.
 There is a defense to prosecution of a retail business that, at the time
of the alleged violation, all of the employees of the retail business
had completed training under “Georgia Meth Watch,” the retail
business was in compliance with Georgia Meth Watch, and the
defendant did not knowingly violate the law.
 Unlawful to possess, have under his or her control, manufacture,
deliver, distribute, dispense, administer, purchase, sell or possess
with intent to distribute any substance containing any amounts of
ephedrine, pseudoephedrine, phenylpropanolamine, or any of their
salts, optical isomers, or salts of optical isomers which have been
altered from their original condition so as to be powdered, liquefied,
or crushed. A violation is a felony subject to imprisonment for one
to ten years.
 Unlawful to possess, sell, transfer, or otherwise furnish a product
containing pseudoephedrine if such person possesses, sells,
transfers, or furnishes the substance with the knowledge or intent
that the substance will be used in the unlawful manufacture of a
controlled substance. A violation is a felony punishable by
imprisonment for one-15 years, a fine of up to $100,000 or both.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Suspicious order
reporting
Exceptions
Other
requirements
29
GEORGIA
A licensed wholesale distributor must, within seven days, notify the
Georgia Drugs and Narcotics Agency of any purchases of products
containing pseudoephedrine which the wholesaler judges to be
excessive.
With respect to products other than pseudoephedrine, the law does not
apply to:
 certain pediatric products labeled pursuant to federal regulation as
primarily intended for administration to children under 12 years of
age according to label instructions; and
 products that the Georgia Board of Pharmacy, upon application of a
manufacturer, exempts because the product is formulated in such a
way as to effectively prevent the conversion of the active ingredient
into methamphetamine or its salts or precursors.
 Any wholesale distributor who sells, transfers, purchases for resale,
or otherwise furnishes any product containing pseudoephedrine
must first obtain a license from the Georgia Board of Pharmacy.
 A firm or person located in Georgia who receives, purchases or
otherwise gains access to products containing pseudoephedrine from
any wholesale distributor must: (1) maintain a copy of such
wholesale distributor’s license issued by the Board of Pharmacy;
and (2) maintain copies of all invoices, receipts and other records
regarding such products containing pseudoephedrine for a minimum
of three years from the date of receipt, purchase, or access.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
30
HAWAII
HRS §§ 329-61, 329-63 to 329-64 and 329-73 to 329-75.
Haw. Admin. Rules §§ 23-201-6, 23-201-9 and 23-201-11.
Ephedrine, pseudoephedrine and norpseudoephedrine. Ephedrine and
pseudoephedrine are List 1 chemicals in Hawaii, but any transaction of
a drug containing pseudoephedrine or norpseudoephedrine that is
lawfully transferred without a prescription pursuant to federal and
Hawaii law is not subject to the List 1 requirements.
Neither substance is scheduled.
None.
Pharmacy or retailer.
Pseudoephedrine may be sold only from an area that is not accessible
by customers or the general public, such as behind the counter or in a
locked display case. Moreover, the pharmacy or retailer must deliver
the product directly into the custody of the purchaser.
None, other than daily limit.
For products containing pseudoephedrine, three and six tenths (3.6)
grams.
For products containing pseudoephedrine, nine grams.
Not addressed by state law.
For products containing pseudoephedrine, a valid, government-issued
ID containing the photograph, date of birth, printed name, signature
and address of the purchaser.
Not addressed by state law.
 With respect to OTC products containing pseudoephedrine, the
buyer must sign a written or electronic log attesting to the validity of
the transaction.
 With respect to single entity transactions involving ephedrine, any
manufacturer, wholesaler, retailer, or other person who sells,
transfers, or receives such product must issue a report to the
Department’s Narcotics Enforcement Division.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
HAWAII
31
Additional
restrictions on
sales
(continued)
 With respect to transactions involving ephedrine or products
containing ephedrine, any manufacturer, wholesaler, retailer, or
other person who sells, transfers, receives, or brings in such product
must keep a record of each transaction for a period of two years
after the date of transaction.
Sales tracking
system
 Pharmacy or retailer must maintain a written or electronic log of
required information for each sale of a nonprescription product
containing pseudoephedrine that is retained for at least two years.
 Log must be capable of being checked for compliance against all
state and federal laws, including interfacing with other states to
ensure comprehensive compliance.
 Before completing the sale of an OTC product containing
pseudoephedrine, the pharmacy or retailer must electronically
submit transaction information to NPLEx, provided that the
database is available to Hawaii pharmacies or retailers without a
charge for accessing the system. The transaction may not proceed if
a stop sale alert is generated by NPLEx.
 System must be capable of generating a stop sale alert for violating
sales limit restrictions, with an override if the seller has reasonable
fear that imminent bodily harm will result if the sale is not
completed.
 Pharmacy or retailer may seek an exemption from submitting
transactions to the electronic sales tracking system by submitting
reasons therefore to Department of Public Safety (“Department”).
Any such exemption granted may not exceed 180 days.
 Department’s Narcotics Enforcement Division must establish the
electronic tracking system in conjunction with the Hawaii’s existing
narcotics tracking system no later than January 1, 2015.
Information
recorded in
tracking system
 At time of a transaction involving an OTC product containing
pseudoephedrine, the following information must be recorded: (1)
date and time of transaction; (2) name, address and date of birth of
the person purchasing; (3) type of ID provided by the purchaser and
their ID number; (4) agency issuing the ID used; and (5) name and
amount of the compound, mixture, or preparation.
 NADDI must forward Hawaii transaction records in the NPLExr
Log Exchange weekly to the Department’s Narcotics Enforcement
Division and provide real-time access to NPLEx to Hawaii law
enforcement.
Offenses
 Violation of the sales limit restrictions for OTC products containing
pseudoephedrine is a Class C felony.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
HAWAII
Offenses
(continued)
Suspicious order
reporting
Exceptions
Other
requirements
32
 Knowing failure of a retailer or pharmacy to transmit any
information is a misdemeanor and will result in the immediate
suspension of that retailer’s ability to sell any product, mixture, or
preparation containing any detectable quantity of pseudoephedrine,
its salts, optical isomers, or salts of optical isomers.
 Offense of unlawful transport of pseudoephedrine is committed if a
person transports more than three packages of any OTC product
containing pseudoephedrine without a permit issued from the
Department. A violation is a misdemeanor.
Any manufacturer, wholesaler, distributor, retail distributor or other
person who sells, transfers or receives any OTC product containing
pseudoephedrine, norpseudoephedrine, phenylpropanolamine or an
ephedrine combination must report any suspicious transaction to the
Department.
Sales limit restrictions do not apply to products dispensed pursuant to a
valid prescription.
 Every wholesaler must report to the Department’s Narcotics
Enforcement Division all sales made to any retailer, of any product,
mixture, or preparation containing any detectable quantity of
pseudoephedrine including at least the following information: (1)
generic or other name; (2) quantity sold; (3) date of sale; (4) name
and address of the wholesaler; and (5) name and address of the
retailer.
 Retail distributor who sells, transfers, or furnishes any OTC product
that is not in “safe harbor packaging” that contains
pseudoephedrine, norpseudoephedrine, phenylpropanolamine, or an
ephedrine combination product must keep records of those
transactions, unless: (1) the transaction is with an individual and
involves less than 24 grams; or (2) the transaction is with a retail
distributor and involves one kilogram for multiple transactions in a
month.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
33
IDAHO
I.C. §§ 37-2707, 37-2732B and 37-3301 to 37-3306.
IDAPA 27.01.01.220.
Pseudoephedrine. Products containing ephedrine are not covered by
the retail sales law.
Ephedrine and pseudoephedrine are Schedule II substances in Idaho
generally, but any combination or compound containing one or both of
them “which is prepared for dispensing or over-the-counter distribution
is not a controlled substance . . . unless such substance is possessed,
delivered, or possessed with intent to deliver to another with the intent
to manufacture methamphetamine, amphetamine or any other
controlled substance.”
Preparations containing ephedrine or salts of ephedrine are designated
prescription drugs by the Idaho Board of Pharmacy. However, certain
“qualified products” are exempt from designation as a prescription
drug:
 product containing a formula with a ratio of 12.5 milligrams
ephedrine to 200 milligrams guaifenesin or 25 milligrams ephedrine
to 400 milligrams guaifenesin, not exceeding a maximum of 25
milligrams of ephedrine per tablet, capsule, or dose, and in addition
to the formula, may include only inert or inactive ingredients or
substance; and
 hemorrhoidal ointment containing not more than two tenths percent
(0.2%) ephedrine sulfate and suppositories not exceeding four
milligrams ephedrine sulfate per suppository.
No prescription is required for pseudoehedrine.
“Retailer,” which means any person, other than a wholesaler, who sells
or offers for sale or distributes at retail pseudoephedrine products,
irrespective of the quantity or amount.
Pseudoephedrine products offered for sale must be located in an area
where the public is not permitted or inside a locked display case. In
addition, any transaction must be conducted by an employee of the
retailer and cannot be dispensed via a self-service system.
None, other than daily limit.
Three and six tenths (3.6) grams of pseudoephedrine.
Nine grams of pseudoephedrine regardless of the number of
transactions.
Not addressed by state law.
Photographic ID card issued by a state or by the federal government.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
34
IDAHO
Not addressed by state law.
Before completing a sale the retailer must submit the required
information to the electronic sales tracking and cannot not complete the
sale if the system generates a stop sale alert.
 Real-time electronic sales tracking system to monitor the
nonprescription sale of pseudoephedrine products so long as it is
available to the state without charge for accessing the system to the
state or retailers.
 Must be capable of generating a stop sale alert based on sales limit
restrictions, with an override function for use by a dispenser.
 If electronic system is temporarily unavailable, retailer must
document transaction in logbook until such time as he or she is able
to comply with the electronic sales tracking requirement.
The records submitted to the tracking system must include:
 purchaser’s name and address;
 purchaser’s signature, either on a written form or stored
electronically in the tracking system, attesting to the validity of all
information provided;
 type of photo ID provided;
 number and issuing government entity of the photo ID;
 date and time of sale; and
 name and quantity of the product sold.
 Violation of the sales restrictions on pseudoephedrine products is a
misdemeanor.
 Knowingly manufacturing, delivering the following specified
amounts of immediate precursors to methamphetamine or
amphetamine is guilty of a felony which is known as “trafficking in
immediate precursors of methamphetamine or amphetamine”: (1) of
ephedrine, 500 grams; (2) of methylamine, one-half ( ½ ) pint or
more; (3) of methyl formamide, one-quarter ( ¼ ) pint or more; (4)
of phenylacetic acid, 500 grams or more; (5) of phenylacetone, 400
grams or more; or (6) of pseudoephedrine, 500 grams or more.
 Trafficking in immediate precursors of methamphetamine or
amphetamine will result in a mandatory minimum fixed term of
imprisonment of ten years and fined not less $25,000. If the quantity
of pseudoephedrine is 25 grams or more, but less than 500 grams,
such person shall be sentenced to a term of imprisonment of up to
ten years and fined not more than $25,000.
Not addressed by state law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Exceptions
Other
requirements
35
IDAHO
Restrictions on sales do not apply to a pseudoephedrine product
dispensed pursuant to a valid prescription.
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
36
ILLINOIS
720 ILCS 570/210, 720 ILCS 570/216, 720 ILCS 646/10, 720 ILCS
648/5 to 648/999 and 720 ILCS 649/10 to 649/999.
“Targeted methamphetamine precursor,” defined as “any compound,
mixture, or preparation that contains any detectable quantity of
ephedrine or pseudoephedrine, their salts or optical isomers, or salts of
optical isomers.”
Ephedrine is a Schedule IV substance. However, solid oral dosage
forms which are formulated pursuant to 21 CFR 341 and packaged in
blister packs of not more than two tablets per blister and anorectal
preparations containing not more than 5% ephedrine are not, so long as
they: (1) may lawfully be sold OTC without a prescription under the
Federal Food, Drug, and Cosmetic Act; (2) are labeled and marketed
consistent with federal law; (3) are manufactured and distributed for
legitimate medicinal use in a manner that reduces or eliminates the
likelihood of abuse; and (4) are not marketed, advertised, or labeled for
the indications of stimulation, mental alertness, weight loss, muscle
enhancement, appetite control, or energy.
None.
Pharmacies and retail distributors. “Retail distributor” means a grocery
store, general merchandise store, drug store, other merchandise store.
If sold by a retail distributor, the distributor must train each sales
employee on specific topics about methamphetamine precursor
substances and have the employee sign a certification form and retain
the form for the duration of their employment.
 At a pharmacy, the product must be stored behind the pharmacy
counter and distributed by a pharmacist, pharmacy technician or an
agent of the pharmacist or pharmacy technician.
 At a retail distributor, convenience packages must be displayed
behind store counters or in locked cases, so that customers must get
assistance from a store employee or agent.
Two packages containing any amount of targeted methamphetamine
precursor.
May not acquire more than one “convenience package” from a retail
location other than a pharmacy. A “convenience package” means any
package that contains 360 milligrams or less of ephedrine or
pseudoephedrine in liquid or liquid-filled capsule form.
Seven and five tenths (7.5) grams.
18.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
37
ILLINOIS
Driver’s license or other government-issued ID showing the
purchaser’s name, date of birth and photograph.
Not addressed by state law.
 Unless the transaction is at a pharmacy, a consumer can only
purchase small “convenience packages” of targeted
methamphetamine precursors.
 Purchaser must sign a log documenting: (1) the name and address of
the person; (2) date and time of the transaction; (3) brand and
product name; and (4) total quantity distributed.
 Any targeted methamphetamine precursor other than a convenience
package or a liquid, including but not limited to any targeted
methamphetamine precursor in liquid-filled capsules must be
packaged in blister packs, with each blister containing not more than
two dosage units, or when the use of blister packs is technically
infeasible, in unit dose packets. Each targeted package may not
contain more than 3,000 milligrams of ephedrine or
pseudoephedrine.
Sales tracking
system
 Statewide precursor tracking program coordinated and administered
by the Illinois State Police to track purchases of targeted
methamphetamine precursors in the state. The State Police is to
establish a secure website and make it available free of charge to
covered pharmacies.
 Each time a covered pharmacy distributes a targeted
methamphetamine precursor to a recipient, the pharmacy must
submit an electronic transaction record to a central repository.
Information
recorded in
tracking system
 For a pharmacy, any handwritten logs kept must be maintained for
not less than four years and made available for inspection and
copying by any law enforcement officer upon.
 For a retail distributor, any handwritten logs kept must be
maintained for not less than two years and made available for
inspection and copying by any law enforcement officer upon
request.
 Repository may delete each electronic transaction record and
handwritten log entry four years after the date of the transaction it
describes.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
ILLINOIS
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
38
 Penalties for knowingly purchasing or receiving, within any 30-day
period, products containing more than a total of 7,500 milligrams of
ephedrine or pseudoephedrine vary by amount purchased / received
and prior offenses. For first time offenders, the penalties are: (1)
more than 7,500 milligrams but less than 15,000 milligrams, Class
B misdemeanor; (2) 15,000 or more but less than 22,500 milligrams,
Class A misdemeanor; (3) 22,500 or more but less than 30,000
milligrams, Class 4 felony; (4) 30,000 or more but less than 37,500
milligrams, Class 3 felony; (5) 37,500 or more but less than 45,000
milligrams, Class 2 felony: and (6) 45,000 or more milligrams,
Class 1 felony.
 Pharmacy or retail distributor that violates the sales restrictions is
guilty of: (1) for a first offense, a petty offense and subject to a fine
of $500; (2) for a second offense occurring at the same retail
location as and within three years of the prior offense, a fine of
$1,000; and (3) for a third or subsequent offense occurring at the
same retail location as and within three years of the prior offenses, a
fine of $5,000.
 An employee or agent of a pharmacy or retail distributor who
violates the sales restrictions, is guilty of a Class A misdemeanor for
a first offense, a Class 4 felony for a second offense, and a Class 1
felony for a third or subsequent offense.
 It is unlawful to knowingly possess, procure, transport, store, or
deliver any methamphetamine precursor or substance containing any
methamphetamine precursor in standard dosage form with the intent
that it be used to manufacture methamphetamine or a substance
containing methamphetamine.
 It is unlawful to knowingly possess, procure, transport, store, or
deliver any methamphetamine precursor or substance containing any
methamphetamine precursor in any form other than a standard
dosage form with the intent that it be used to manufacture
methamphetamine or a substance containing methamphetamine.
Not addressed by state law.
It is lawful for a person to provide (or receive) small quantities of
targeted methamphetamine precursors to immediate family or
household members for legitimate medical purposes.
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
INDIANA
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
39
IC 35-48-4-14.7.
Ephedrine or pseudoephedrine.
Neither substance is scheduled.
None.
Pharmacy or “NPLEx retailer.” An “NPLEx retailer” means: (1) a
pharmacy; (2) a retailer containing a pharmacy; or (3) a retailer that
electronically submits the required information to the NPLEx system
administered by NADDI.
Behind a counter in an area inaccessible to a customer or in a locked
display case that makes the drug unavailable to a customer without the
assistance of an employee.
None, except for daily limit.
Three and six-tenths (3.6) grams.
Seven and two-tenths (7.2) grams.
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
18.
Sales tracking
system
 Before completing sale, clerk must electronically submit the
required information to the NPLEx system administered by NADDI,
if the system is available to pharmacies or NPLEx retailers in the
state without a charge for accessing the system. The pharmacy or
NPLEx retailer may not complete the sale if the system generates a
stop sale alert.
Valid government issued photo identification card showing the date of
birth of the person.
Not addressed by state law.
 In addition to a 30-day sales limit, consumers are limited to
purchasing 61.2 grams of ephedrine or pseudoephedrine in a 365
day period.
 Purchaser must sign a written or electronic log attesting to the
validity of the information about the transaction.
 Clerk conducting the transaction must initial or electronically record
the his or her identification on the log.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
INDIANA
Sales tracking
system
(continued)
 If there is a mechanical or electronic failure of the electronic sales
tracking system, the pharmacy or NPLEx retailer shall maintain a
written log or an alternative electronic recordkeeping mechanism
until the pharmacy or NPLEx retailer is able to comply with the
electronic sales tracking requirement.
Information
recorded in
tracking system
 Required information includes: (1) name and address of each
purchaser; (2) type of identification presented; (3) governmental
entity that issued the identification; (4) identification number; and
(5) ephedrine or pseudoephedrine product purchased, including the
number of grams the product contains and the date and time of the
transaction.
 Records must be retained for at least two years.
 Information contained in the NPLEx may be shared only with law
enforcement officials. At least one time per week, NADDI must
forward Indiana data contained in the NPLEx, including data
concerning a transaction that could not be completed due to the
issuance of a stop sale alert, to the Indiana state police department.
Knowingly or intentionally violating the sales restrictions is a Class C
misdemeanor, however the offense is a Class A misdemeanor if the
person has a prior unrelated conviction under this section.
Offenses
Suspicious order
reporting
Exceptions
40
 A retail distributor, wholesaler or manufacturer must report a
suspicious order to the Indiana State Police Department in writing.
 A “suspicious order” means a sale or transfer of a drug containing
ephedrine or pseudoephedrine if the sale or transfer: (1) is a sale or
transfer that the retail distributor, wholesaler, or manufacturer is
required to report to the US DEA; (2) appears suspicious to the
retail distributor, wholesaler, or manufacturer in light of the
recommendations contained in Appendix A of the report to the
United States attorney general by the suspicious orders task force
under the federal Comprehensive Methamphetamine Control Act of
1996; or (3) is for cash or a money order in a total amount of at least
$200.
 Not later than three days after the discovery of an unusual theft at a
particular retail store, the pharmacy or NPLEx retailer must report
the unusual theft to the Indiana state police department in writing.
Sales restriction law does not apply to:
 products dispensed pursuant to a prescription;
 sale to a licensed health care provider, pharmacist, retail distributor,
wholesaler, manufacturer, or an agent of any of these persons if the
sale occurs in the regular course of lawful business activities
(although duty to report a suspicious order remains); or
 sale by a person who does not sell exclusively to walk-in customers
for the personal use of the walk-in customers.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
INDIANA
Other
requirements
41
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
42
IOWA
I.C.A. §§ 124.212 to 124.213, 124.401, 126.23A to 126.23B and
714.7C.
Iowa Admin. Code 657-10.32(124,155A), 657-100.1(124) to 657100.5(124) and 661-174.1(81ga,Sf169) to 661-174.2(81ga,Sf169).
Ephedrine and pseudoephedrine. However, the laws addressing sales
limitations apply only to pseudoephedrine products.
Ephedrine and pseudoephedrine are Schedule V substances in Iowa.
However, the following exceptions to scheduling apply:
 any product that contains 360 milligrams or less of pseudoephedrine
and which is in liquid, liquid capsule, or liquid-filled gel capsule
form; or
 a pseudoephedrine product warehoused by a distributor located in
Iowa which is warehoused for export to a retailer outside the state.
Also, a product containing ephedrine, pseudoephedrine or
phenylpropanolamine, which substance is a Schedule V controlled
substance and is not listed in another controlled substance schedule,
may be dispensed or administered without a prescription by a
pharmacist to a purchaser at retail.
None.
Products can be sold at either a retailer or a pharmacy. If dispensing
occurs at a pharmacy, the product must be dispensed by a licensed
Iowa pharmacist or by a registered pharmacist-intern under the direct
supervision of a pharmacist preceptor. However, after the pharmacist
has authorized the dispensing of the substance, the transaction may be
completed by a non-pharmacist. If product is dispensed at a retailer,
the employee must comply with all federal training requirements.
Regardless of dispensing location, the product must be in a locked
cabinet or behind the sales counter where the public is unable to reach
the product and where the public is not permitted.
None, other than daily limit.
 At a pharmacy 3,600 milligrams of pseudoephedrine.
 At a retailer, “one package” of a product containing
pseudoephedrine.
7,500 milligrams of pseudoephedrine.
18.
Government-issued photo ID card when purchasing a pseudoephedrine
product from a pharmacy.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
43
IOWA
Not addressed by state law.
 Retailer may not sell a package of a pseudoephedrine product that
can be further broken down or subdivided into two or more separate
and distinct packages or offer promotions where a pseudoephedrine
product is given away for free as part of any purchase transaction.
 Non-liquid forms of a product containing ephedrine,
pseudoephedrine or phenylpropanolamine (which includes gel caps),
must be packaged either in blister packaging with each blister
containing no more than two dosage units or, if blister packs are
technically infeasible, in unit dose packets or pouches.
 Purchaser must sign a logbook at time of purchase and provide a
legible name/address.
 The following notice must be posted at a retail location that sells
pseudoephedrine: “Iowa law prohibits the over-the-counter purchase
of more than one package of a product containing pseudoephedrine
in a twenty-four-hour period or of more than seven thousand five
hundred milligrams of pseudoephedrine within a thirty-day period.
If you purchase a product containing pseudoephedrine, you are
required to sign a logbook which may be accessible to law
enforcement officers.”
 At a pharmacy, the following notice must be provided to purchasers
of ephedrine, pseudoephedrine or phenylpropanolamine products:
“Warning: Section 1001 of Title 18, United States Code, states that
whoever, with respect to the logbook, knowingly and willfully
falsifies, conceals, or covers up by any trick, scheme, or device a
material fact, or makes any materially false, fictitious, or fraudulent
statement or representation, or makes or uses any false writing or
document knowing the same to contain any materially false,
fictitious, or fraudulent statement or entry, shall be fined not more
than $250,000 if an individual or $500,000 if an organization,
imprisoned not more than five years, or both.”
 Governor’s Office of Drug Control Policy (“Office”) must establish
a real-time electronic pseudoephedrine tracking system (“PTS”) to
monitor and control the sale of products containing any detectable
amount of pseudoephedrine, its salts, or optical isomers, or salts of
optical isomers; ephedrine; or phenylpropanolamine.
 A pharmacy dispensing products must report all sales electronically
to a central repository under the control of the Office.
 Pharmacy, an employee of a pharmacy, or a licensed pharmacist
may not be provided access to the information in PTS other than for
the limited purpose of determining what sales have been made by
the pharmacy.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
IOWA
Sales tracking
system
(continued)
Information
recorded in
tracking system
Offenses
44
 If PTS is unavailable for use, an alternative record for each sale
must be maintained using one of the following options: (1) hardcopy record; (2) record in the pharmacy’s electronic prescription
dispensing record-keeping system that is capable of producing a
hard-copy printout of a record; or (3) a record in an electronic data
collection system that captures each of the data elements required
and that is capable of producing a hard-copy printout of a record.
The information shall be provided to the office for inclusion in the
PTS within 72 hours after the PTS becomes operational.
 Office is to report to the state Board of Pharmacy on an annual basis
regarding the repository, including the effectiveness of the
repository in discovering unlawful sales of pseudoephedrine
products.
 If an individual attempts to purchase a product in violation of these
rules, the PTS shall: (1) notify the dispenser at the time of sale; and
(2) recommend that the dispenser deny the transaction.
 PTS must provide an override feature for use by a dispenser to allow
completion of the sale, but for security purposes and to ensure the
integrity of the PTS, use of the override feature shall be restricted to
authorized dispensers and may not be delegated to a pharmacy
technician or a pharmacy support person.
The record of a completed or attempted purchase without a prescription
must contain the following: (1) name and address of the purchaser; (2)
current government-issued photo ID number; (3) electronic signature of
the purchaser; (4) date and time of purchase; (5) name and quantity of
the product purchased, including the total milligrams of ephedrine,
pseudoephedrine, or phenylpropanolamine contained in the product;
and (6) name or unique identification of the pharmacist or pharmacistintern who approved the dispensing of the product.
 Violation of the limitations on sales at a pharmacy location is a
serious misdemeanor.
 Violations of the limitations on sales at a retailer are: (1) for a first
violation, the retailer shall be assessed a civil penalty in the amount
of $300; (2) for a second violation within a period of two years, the
retailer shall be assessed a civil penalty in the amount of $1,500; (3)
for a third violation within a period of three years, the retailer shall
be assessed a civil penalty in the amount of $2,000 and may be
prohibited from selling pseudoephedrine for up to three years from
the date of assessment of the civil penalty; and (4) for a fourth or
subsequent violation within a period of three years, the retailer shall
be assessed a civil penalty in the amount of $3,000 and will be
prohibited from selling pseudoephedrine products for three years
from the date of the assessment of the civil penalty.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
IOWA
Offenses
(continued)
Suspicious order
reporting
Exceptions
Other
requirements
45
 It is unlawful for any person to sell, distribute, or make available
any product containing ephedrine, its salts, optical isomers, salts of
optical isomers, or analogs of ephedrine, or pseudoephedrine, its
salts, optical isomers, salts of optical isomers, or analogs of
pseudoephedrine, if the person knows, or should know, that the
product may be used as a precursor to any illegal substance or an
intermediary to any controlled substance. A person who violates this
subsection commits a serious misdemeanor.
 Possessing any product containing any of the following commits a
class “D” felony, if the person possesses with the intent that the
product be used to manufacture any controlled substance: (1)
ephedrine, its salts, optical isomers, salts of optical isomers, or
analogs of ephedrine; or (2) pseudoephedrine, its salts, optical
isomers, salts of optical isomers, or analogs of pseudoephedrine.
Not addressed by state law.
Person may purchase a quantity of pseudoephedrine above amount
limited by law if they have a valid prescription for a pseudoephedrine
product in excess of that quantity.
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
46
KANSAS
K.S.A. §§ 21-5709, 21-5710, 65-16,101, 65-4113, 65-1643 and
65-16,101 through 65-16,108.
K.A.R. 68-20-22 and 68-20-15a (security requirements).
“Methamphetamine precursor,” which means any compound, mixture
or preparation containing pseudoephedrine, ephedrine or
phenylpropanolamine, or any of their salts or optical isomers, or salts
of optical isomers. The definition does not include products that have
been formulated to effectively prevent the conversion of the active
ingredient into methamphetamine, or its salts for precursors, and does
not include animal feed products containing ephedrine or any naturally
occurring or herbal ephedra or extract of ephedra.
Both substances are in Schedule V.
None.
At a pharmacy by a licensed pharmacist, a registered pharmacy
technician or a pharmacy intern or clerk supervised by a licensed
pharmacist. Dispensing cannot be made by a non-pharmacist
employee, even if he or she is under the supervision of a pharmacist.
However, after the pharmacist has fulfilled his or her professional and
legal responsibilities, the completion of the transaction may be
completed by a non-pharmacist.
Behind the counter or stored in a locked cabinet that is located in an
area of the pharmacy to which customers do not have direct access.
Three and six tenths (3.6) grams of pseudoephedrine base or ephedrine
base.
None other than 30-day limit.
Nine grams of pseudoephedrine base or ephedrine base.
18.
Photo ID showing the date of birth.
Not addressed by state law.
Purchaser must sign log as part of the transaction.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
KANSAS
47
Sales tracking
system
 Kansas Board of Pharmacy (“Board”) must establish and maintain a
program for a statewide electronic logging system for sale of
methamphetamine precursors.
 Pharmacy must submit the information from their transaction log in
real time to the electronic system.
 Pharmacy’s log or database must be available for inspection during
regular business hours by the Board and / or any law enforcement
officer.
 Board may authorize data in the system to be provided to: (1) any
person authorized to prescribe or dispense products containing
pseudoephedrine, ephedrine or phenylpropanolamine; or (2) local,
state and federal law enforcement or prosecutorial officials.
Information
recorded in
tracking system
 For each methamphetamine precursor transaction, the pharmacy
must transmit to the electronic system: (1) name and address of the
person purchasing, receiving or otherwise acquiring the
methamphetamine precursor; (2) name of the product and quantity
purchased; (3) date and time of the purchase; and (4) name, or
initials, of the licensed pharmacist, registered pharmacy technician
or pharmacy intern or clerk supervised by a licensed pharmacist
who sold the product.
 Information in the system must be stored as part of the database and
be retained for five years. After such time, the records must be
destroyed unless a law enforcement entity has submitted a written
request to the Board for retention of specific information.
Offenses
 Unlawful for any person to possess ephedrine, pseudoephedrine . . .
or their salts, isomers or salts of isomers with an intent to use the
product to manufacture a controlled substance. A violation is a drug
severity level 3 felony.
 Acquiring more than the single transaction or 30-day limit of
pseudoephedrine base or ephedrine base is a class A nonperson
misdemeanor.
 It is unlawful for any person to advertise, market, label, distribute or
possess with the intent to distribute any product containing
ephedrine, pseudoephedrine . . . if the person knows or reasonably
should know that the purchaser will use the product to manufacture
a controlled substance or controlled substance analog. A violation is
a drug severity level 3 felony.
 Pharmacy that knowingly fails to submit methamphetamine
precursor recording log information to the Board (or knowingly
submits incorrect log information) is guilty of a severity level 10,
nonperson felony.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Suspicious order
reporting
Exceptions
Other
requirements
48
KANSAS
Controlled substances registrants must design an operative system to
alert any suspicious orders of controlled substances. If one is
discovered, the registrant must inform the Board. A suspicious order
includes orders of unusual size, orders deviating from a normal pattern
and orders of unusual frequency.
The requirements regarding sales tracking do not apply where there is a
lawful prescription present for the methamphetamine precursor sold.
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
49
KENTUCKY
KRS § 218A.1446. 906 Ky. Admin. Regs. 1:160.
Ephedrine, pseudoephedrine and phenylpropanolamine.
Neither substance is scheduled.
None.
Products may be dispensed, sold or distributed only by a registered
pharmacist, a pharmacy intern or a pharmacy technician.
Not addressed by state law.
Three packages of any product, mixture, or preparation.
None, other than 30-day limit.
Seven and two-tenths (7.2) grams.
18.
Government-issued photo ID showing date of birth.
Not addressed by state law.
 In addition to the 30-day purchase limit, there is a one-year purchase
limit of 24 grams.
 At the time of transaction, the purchaser must sign a log or record
showing the: (1) date of the transaction; (2) name, date of birth, and
address of the person making the purchase; and (3) amount
purchased.
 “Kentucky Electronic Methamphetamine Precursor Tracking”
(“KEMPT”) is the electronic recordkeeping mechanism used by the
Kentucky Office of Drug Control Policy (“KODCP”).
 Tracking system must: (1) be designed to block a transaction where
dispensing would exceed the quantity limitations; and (2) allow
unimpeded access by KODCP to any data stored in the system for
statistical analysis purposes.
 If a dispenser experiences mechanical or electronic failure, the
KODCP may grant an extension for reporting required information.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
KENTUCKY
Information
recorded in
tracking system
 For each purchase or attempted purchase, KEMPT tracks: (1) date
of transaction; (2) identifying information of purchaser (including
ID number); and (3) amount and name of the product dispensed.
 Electronic log or record of each day’s transactions must be kept by
pharmacy for at least two years and is subject to random and
warrantless inspection by law enforcement officers.
 Pharmacy may use a hardcopy signature logbook consisting of each
purchaser’s signature and transaction number to meet the
requirement for obtaining electronic signatures
 KODCP must prepare and submit to the Legislative Research
Commission each year a statistical report on the sale of compounds,
including state and county sale amounts and numbers of individual
purchasers.
 KODCP must provide a KEMPT report: (1) to a requesting law
enforcement officer whose duty is to enforce drug laws; (2) to a
pharmacy; (3) pursuant to a subpoena issued by a grand jury; or (4)
pursuant to a court order issued by a criminal court.
Offenses
 The intentional failure of a registered pharmacist, a pharmacy intern,
or a pharmacy technician to make an accurate entry of a sale or to
maintain the log records may result in a fine of not more than
$1,000 for each violation.
 If evidence exists that the pharmacist’s, the pharmacy intern’s, or
the pharmacist technician’s employer fails, neglects, or encourages
incorrect entry of information by improper training, lack of
supervision or oversight of the maintenance of logs, or other action
or inaction, the employer shall also face liability under this section
and any other applicable section of this chapter.
 It is a defense to a violation that the person proves that
circumstances beyond the control of the registered pharmacist,
pharmacy intern, or pharmacy technician delayed or prevented the
making of the record or retention of the record as required by this
section. Examples of circumstances beyond the control include
disaster, robbery/burglary or a medical emergency.
Not addressed by state law.
Suspicious order
reporting
Exceptions
50
 Restrictions do not apply to products dispensed pursuant to a
prescription.
 Restrictions do not apply to compounds, mixtures, or preparation
which are in liquid, liquid capsule or gel capsule form.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
KENTUCKY
Exceptions
(continued)
Other
requirements
51
 Restrictions do not apply to any compounds, mixtures, or
preparations which are deemed to be not subject to abuse upon joint
review and agreement of KODCP, the Board of Pharmacy, and the
Cabinet for Health and Family Services.
 Restrictions do not apply to a: (1) licensed manufacturer
manufacturing and lawfully distributing a product in the channels of
commerce; (2) wholesaler lawfully distributing a product in the
channels of commerce; (3) pharmacy with a valid permit from the
Kentucky Board of Pharmacy; (4) licensed health care facility; (5)
licensed long-term care facility; (6) government-operated health
department; (7) physician’s office; (8) publicly operated prison, jail,
or juvenile correctional facility, or a private adult or juvenile
correctional facility under contract with the Commonwealth; (9)
public or private educational institution maintaining a health care
program; or (10) government-operated or industrial medical facility
serving its own employees.
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
52
LOUISIANA
LSA-R.S. §§ 40:962.1.1 and 40:1049.1 to 40:1049.11.
Ephedrine, pseudoephedrine and phenylpropanolamine.
Any product that contains any quantity of ephedrine, pseudoephedrine
or phenylpropanolamine is a Schedule V substance in Louisiana, unless
the substance is listed in another schedule.
None.
Products may be dispensed, sold or distributed only by a licensed
pharmacist, certified pharmacy technician or pharmacy employee
permitted by the Louisiana Board of Pharmacy.
Not addressed by state law.
None, other than 30-day limit.
None, other than 30-day limit.
Nine grams of ephedrine base, pseudoephedrine base or
phenylpropanolamine base.
None.
Federal or state issued photo ID that would be acceptable under 8 CFR
§ 274a.2(b)(1)(v)(A) and (B) (documents that verify identity and
employment authorization).
Not addressed by state law.
Purchaser must sign a written or electronic log or receipt showing the
date of the transaction, the name of the purchaser and the amount of the
material, compound, mixture, or preparation sold.
 Central computer system located within and administered by the
Louisiana Department of Public Safety and Corrections, Office of
State Police into which pharmacies transmit transaction information.
 System must be designed to allow the monitoring and reading of
sales at the point of sale instantly and on a real-time basis.
 System must be capable of providing an online computer alert of
conditions which might violate law.
 No fee can be changed to pharmacist or pharmacy for implementing
or using the system.
 System cannot prevent a sale of a product even if the pharmacist,
certified pharmacy technician or other employee observes a warning
or signal that purchaser is violating amount limitations.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
LOUISIANA
Information
recorded in
tracking system
 The following information is recorded at the time of sale: (1) date of
the transaction; (2) name and address of the purchaser; and (3)
name, quantity of packages, and total gram weight of the product or
products purchased.
 Department of Public Safety and Corrections, Office of State Police
must share the information as authorized by the law and provide
instant access to the Louisiana Sheriffs’ Association.
Offenses
 Pharmacist, certified pharmacy technician or pharmacy employee
may report suspected violations to a law enforcement agency or a
prosecutorial agency for investigation.
 Unlawful for any person to possess 12 grams or more of ephedrine,
pseudoephedrine or phenylpropanolamine.
 Unlawful for any person to possess ephedrine, pseudoephedrine or
phenylpropanolamine in powder form unless the weight of the
substance is less than 12 grams and the powder is in the
manufacturer’s original packaging.
 A violation of the violation on possessing more than 12 grams is a
fine of not more than $2,000, two years in prison or both.
Not addressed by state law.
Suspicious order
reporting
Exceptions
Other
requirements
53
 Pharmacy is exempt from the rules relative to the controlled
substance record keeping requirements so long as their agents record
the transaction information and transmit it to the central computer
monitoring system.
 Requirements of law do not apply to any quantity of product
dispensed pursuant to a valid prescription from a licensed
practitioner with prescriptive authority.
 Health care practitioner with prescriptive authority who is licensed
in the state of Louisiana is exempt from the requirements of the law
in dispensing any product to his patient.
 Law enforcement officer may obtain an administrative search
warrant to inspect the written logs or receipts maintained at a
pharmacy.
 Parish or municipal government authority may regulate the selling,
delivering, or providing of packages or grams of product only in a
manner that is not more or less restrictive than regulation by the
state.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
54
MAINE
32 M.R.S.A. §§ 13702-A and 13795 to 13796.
“Targeted methamphetamine precursor,” which is defined as any
product containing any amount of ephedrine, pseudoephedrine or
phenylpropanolamine or their salts, isomers or salts of isomers, either
alone or in combination with other ingredients: (1) in dry or solid
nonliquid form; or (2) in liquid, liquid-filled capsule or glycerin matrix
form if designation as a targeted methamphetamine precursor has been
completed by rule.
Neither substance is scheduled.
None.
Products may be sold by “retailers,” meaning a person or business
entity engaged in the business of selling products to the general public.
However the sale must be completed by either a licensed pharmacist /
licensed pharmacy technician or an employee of the retailer who
accepts payment so long as: (1) the employee works under the direct
supervision of a pharmacist in the pharmacy area of the retail store; and
(2) a licensed pharmacist or pharmacy technician has given individual,
express approval for the purchase.
Except with regard to single-dose packages of not more than 60
milligrams that are kept within 30 feet and in direct line of sight of a
staffed cash register or store counter, a retailer must keep targeted
methamphetamine precursors in a location that is locked or otherwise
not accessible by customers.
None, other than daily limit.
Three and six-tenths (3.6) grams.
Nine grams.
Not addressed by state law.
Valid government-issued photo ID at the point of sale, which includes:
(1) Maine motor vehicle operator’s license; (2) Maine identification
card; (3) U.S. passport; (4) valid passport or driver’s license of another
state, territory, possession or foreign country or official identification
card issued by the United States Government if it: (a) contains a
photograph of the person presenting the identification; (b) is encased in
tamper-resistant plastic or otherwise possesses indicia of tamperresistance; and (c) identifies the person’s date of birth.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
55
MAINE
Not addressed by state law.
Purchaser must sign the logbook acknowledging that they understand
the applicable sales limit and that providing false statements or
misrepresentations may subject them to criminal penalties.
 Retailer must maintain a written or electronic logbook and require a
person purchasing a targeted methamphetamine precursor to sign
the logbook.
 Retailer with access to the internet must, before completing a sale,
submit required information to an electronic logging system.
 If the electronic logging system generates a stop-sale alert, the
retailer may not complete the sale unless the retailer has concern for
personal safety or the safety of others if a sale is not completed,
 If the retailer experiences mechanical or electronic failure of the
electronic logging system, the retailer must maintain a written log or
an alternative electronic record-keeping mechanism until such time
as the electronic logging system is fixed.
A retailer must record: (1) name and address of the purchaser; (2) name
of the targeted methamphetamine precursor purchased including the
number of grams the product contains; (3) date and time of purchase;
and (4) the form of identification presented, issuing government entity
and corresponding identification number.
Pharmacist or person acting at the direction of a pharmacist may make
a report to a law enforcement agency when that person has reasonable
cause to suspect that: (1) a prescription is not legitimate or appropriate;
(2) that a person has presented photographic identification that is not
valid; or (3) that a customer has the intention to use a drug or targeted
methamphetamine precursor in a manner inconsistent with the
instructions for use.
Not addressed by state law.
 Restrictions on locations of substances and identity of who may
dispense does not apply to single-dose packages of not more than 60
milligrams that are kept within 30 feet and in direct line of sight of a
staffed cash register or store counter.
 Sales restrictions do not apply to a targeted methamphetamine
precursor that is obtained by prescription or by sale or transfer in the
regular course of lawful business to a veterinarian, physician,
pharmacist, retail distributor, wholesaler, manufacturer, warehouse
operator or common carrier or an agent of that person or entity.
State political subdivision may not adopt an ordinance regulating the
sale or purchase of a targeted methamphetamine precursor.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
56
MARYLAND
No state-level statutes or regulations. Only federal law applies.
N/A
Neither substance is scheduled.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
57
MASSACHUSETTS
No state-level statutes or regulations. Only federal law applies.
N/A
Neither substance is scheduled.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
58
MICHIGAN
M.C.L.A. §§ 28.121 to 28.128, 333.17766c, 333.17766e to 333.17766f,
333.7340 to 333.7340c.
Ephedrine or pseudoephedrine, a salt or optical isomer of ephedrine or
pseudoephedrine or a salt of an optical isomer of ephedrine or
pseudoephedrine.
Ephedrine is a Schedule V substance in Michigan. However, a product
containing ephedrine is not in Schedule V if the product: (1) may
lawfully be sold OTC without a prescription under federal law; (2) is
labeled and marketed in a manner consistent with the pertinent OTC
monograph; (3) is manufactured and distributed for legitimate medical
use in a manner that reduces or eliminates the likelihood for abuse, and
is not marketed, advertised, or labeled for an indication of stimulation,
mental alertness, energy, weight loss, appetite control, or muscle
enhancement; and (4) is one of the following: (a) a solid dosage form,
including but not limited to a soft gelatin caplet, that combines as
active ingredients not less than 400 milligrams of guaifenesin and not
more than 25 milligrams of ephedrine per dose, packaged in blister
packs with not more than two tablets or caplets per blister; or (b) an
anorectal preparation containing not more than 5% ephedrine.
None.
Not directly addressed by statute, but it appears that products can be
sold by any retailer.
Behind a counter where the public is not permitted or within a locked
case so that a customer wanting access must ask a store employee for
assistance.
Two personal convenience packages containing two tablets or capsules
each of any product.
Three and six-tenths (3.6) grams.
Nine grams.
18.
Valid government-issued photo ID that includes the individual’s name
and date of birth.
Michigan Department of State Police must notify NADDI of anyone
who is convicted of a “methamphetamine related offense.” With that
information, NADDI must place a stop-sale alert into NPLEx for that
person, generally for ten years from the date of the offense. A retailer
may not sell any product to an individual during that stop-sale period.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
MICHIGAN
59
Additional
restrictions on
sales
 Subject to certain exceptions, no sale can be made via mail, internet,
telephone or other electronic means.
 Purchasers must sign transaction log at the time of sale.
Sales tracking
system
 Retailer must maintain a log detailing the sale of a product.
 Before completing a transaction, a retailer must electronically
submit required information to NPLEx. A retailer shall not be
required to pay a fee for using the NPLEx system. Entering
transaction information into NPLEx satisfies the requirement.
 If a retailer experiences a mechanical or electronic failure of the
electronic sales tracking system, the retailer must maintain a written
log or an alternative electronic record-keeping mechanism until they
can comply with requirement.
 NADDI must provide real-time access to the NPLEx system to
Michigan law enforcement.
 System must generate a stop sale alert notifying the retailer that a
person is prohibited from purchasing a nonprescription product and
the retailer cannot complete the sale unless they have a reasonable
fear of imminent bodily harm if the sale is not completed.
Information
recorded in
tracking system
 The following information must be entered into the log: (1) date of
the sale and the time of purchase; (2) name, address, and date of
birth of the buyer; (3) amount and description of the product sold;
and (4) description of the identification used to make the purchase,
such as the state in which a driver license used for identification was
issued and number of that license..
 The log or other means of recording the sale as required under this
subdivision shall be maintained for a minimum of 6 months and
made available to only a law enforcement agency upon request.
Offenses
 A violation of the prohibition against mail/internet/electronic salesis
a felony punishable by imprisonment for not more than four years or
a fine of not more than $5,000, or both.
 If a seller violates the sales or age limit restrictions they are
responsible for a state civil infraction and may be ordered to pay a
civil fine of not more than $500 for each violation. It is an
affirmative defense (to the selling business) to a violation that the
seller had in force at the time of the citation and continues to have in
force a written policy to prevent sales to persons under 18 years of
age and that the defendant enforced and continues to enforce the
policy.
 If a purchaser exceeds the allowable purchase amounts they may be
found guilty of a misdemeanor punishable by imprisonment for not
more than 93 days or a fine of not more than $500, or both.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
MICHIGAN
Offenses
Suspicious order
reporting
Exceptions
60
 The failure to use the NPLEx system as part of a transaction is a
misdemeanor punishable by a fine of not more than $500.
 It is unlawful for anyone to possess more than 12 grams of
ephedrine or pseudoephedrine alone or in a mixture. A violation is a
felony punishable by imprisonment for not more than two years or a
fine of not more than $2,000, or both.
 It is unlawful to purchase or possess any amount of ephedrine or
pseudoephedrine knowing or having reason to know that it is to be
used to manufacture methamphetamine. A violation is a felony
punishable by imprisonment for not more than five years or a fine of
not more than $5,000, or both.
 It is unlawful for a person to solicit another person to purchase or
otherwise obtain any amount of ephedrine or pseudoephedrine
knowing that it is to be used for the purpose of illegally
manufacturing methamphetamine. A violation is a felony
punishable by imprisonment for not more than ten years or a fine of
not more than $10,000, or both.
Not addressed by state law.
 Restrictions relating to sales by mail, phone or internet do not apply
to: (1) a pediatric product primarily intended for administration to
children under 12 years of age according to label instructions; (2) a
product containing pseudoephedrine that is in a liquid form if
pseudoephedrine is not the only active ingredient; (3) a product that
the state board of pharmacy exempts because the product has been
formulated in such a way as to effectively prevent the conversion of
the active ingredient into methamphetamine; (4) a person who
dispenses a product described in subsection (1) pursuant to a
prescription; (5) a person who sells or distributes products described
in subsection (1) to either: (a) a person licensed to manufacture,
deliver, dispense, or possess with intent to manufacture or deliver a
controlled substance, prescription drug, or other drug; or (b) person
who orders those products described in subsection (1) for retail sale
pursuant to a license issued under the general sales tax act; or (6) a
manufacturer or distributor who donates product samples to a
nonprofit charitable organization, a licensed practitioner, or a
governmental entity.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
MICHIGAN
Exceptions
(continued)
Other
requirements
61
 Restrictions regarding sales limits do not apply to: (1) a pediatric
product intended for administration to children under 12 years of
age according to label instructions; (2) a product containing
pseudoephedrine that is in a liquid form if pseudoephedrine is not
the only active ingredient; (3) a product that the state board of
pharmacy because it has been formulated to effectively prevent the
conversion of the active ingredient into methamphetamine; or (4) a
product that is dispensed pursuant to a prescription.
 Restrictions on amount of product that can be possessed do not
apply to: (1) a person who possesses ephedrine or pseudoephedrine
pursuant to a license issued by this state or the United States to
manufacture, deliver, dispense, possess with intent to manufacture
or deliver, or possess a controlled substance, prescription drug, or
other drug; (2) an individual who possesses ephedrine or
pseudoephedrine pursuant to a prescription; (3) a person who
possesses ephedrine or pseudoephedrine for retail sale pursuant to a
license issued under the general sales tax act; (4) a person who
possesses ephedrine or pseudoephedrine in the course of his or her
business of selling or transporting ephedrine or pseudoephedrine to
a person described in subdivision (1) or (3); (5) a person who, in the
course of his or her business, stores ephedrine or pseudoephedrine
for sale or distribution to a person described in subdivision (1), (3),
or (4); (6) any product that the state board of pharmacy, upon
application of a manufacturer, exempts from this section because the
product has been formulated in such a way as to effectively prevent
the conversion of the active ingredient into methamphetamine; or
(7) possession of any pediatric product primarily intended for
administration to children under 12 years of age according to label
instructions.
 Restrictions regarding the recordation of transactions do not apply
to: (1) a pediatric product primarily intended for administration to
children under 12 years of age according to label instructions; (2) a
product containing pseudoephedrine that is in a liquid form if
pseudoephedrine is not the only active ingredient; (3) a product that
the state board of pharmacy exempts from this section because the
product has been formulated in such a way as to effectively prevent
the conversion of the active ingredient into methamphetamine; or
(4) a product that is dispensed pursuant to a prescription.
No city, township, village, county, other local unit of government or
political subdivision may impose any new requirement pertaining to
the sale of a product that is contrary to, or in any way conflicting with,
the state law, unless such a requirement existed on December 15, 2005.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
62
MINNESOTA
M.S.A. §§ 152.02, 152.0262 and 152.135.
“Methamphetamine precursor drug,” which means any compound,
mixture or preparation intended for human consumption containing
ephedrine or pseudoephedrine as its sole active ingredient or as one of
its active ingredients.
Any compound, mixture, or preparation containing ephedrine or
pseudoephedrine as its sole active ingredient or as one of its active
ingredients is a Schedule V substance in Minnesota.
Although listed in Schedule V, OTC sales of methamphetamine
precursor drugs are allowed in cases of: (1) packages containing not
more than a total of three grams of one or more methamphetamine
precursor drugs, calculated in terms of ephedrine base or
pseudoephedrine base; or (2) for nonliquid products, sales in blister
packs, where each blister contains not more than two dosage units, or,
if the use of blister packs is not technically feasible, sales in unit dose
packets or pouches.
Products can be offered for sale only by a licensed pharmacist, a
registered pharmacy technician or a pharmacy clerk.
All packages of the drugs must be displayed behind a checkout counter
where the public is not permitted.
 Two packages of a methamphetamine precursor drug or a
combination of methamphetamine precursor drugs.
 Any combination of packages exceeding a total weight of six grams,
calculated as the base.
None, other than 30-day limit.
Six grams of methamphetamine precursor drugs, calculated as the base.
18.
Photo ID showing the buyer’s date of birth.
Not addressed by state law.
At the time of the sale, the buyer must sign a written or electronic
document listing certain details of the transaction.
Written or electronic document signed by buyer.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
63
MINNESOTA
The written or electronic document signed by buyer must detail: (1) the
date of the sale; (2) the name of the buyer; and (3) the amount of drug
sold. The seller must keep a copy of the document for three years and
must allow inspection by any law enforcement agency at any
reasonable time.
 Person who knowingly violates sales restrictions may be found
guilty of a misdemeanor and sentenced to imprisonment for not
more than 90 days, or to payment of a fine of not more than $1,000,
or both.
 An owner, operator, supervisor or manager of a business
establishment whose employee or agent is convicted of or charged
with violating sales restrictions is not subject to the criminal
penalties if the person: (1) did not have prior knowledge of,
participate in, or direct the employee or agent to commit the
violation; and (2) documents that an employee training program was
in place detailing information on state and federal laws and
regulations regarding methamphetamine precursor drugs.
 A person is guilty of a crime if the person possesses any chemical
reagents or precursors with the intent to manufacture
methamphetamine and if convicted may be sentenced to
imprisonment for not more than ten years or to payment of a fine of
not more than $20,000, or both.
 A person is guilty of a crime if the person possesses any chemical
reagents or precursors with the intent to manufacture
methamphetamine and may be sentenced to imprisonment for not
more than 15 years or to payment of a fine of not more than
$30,000, or both, if the conviction is for a subsequent controlled
substance conviction.
 It is unlawful for a person to sell, distribute, or otherwise make
available a product containing ephedrine, pseudoephedrine or
phenylpropanolamine or their salts, optical isomers, or salts of
optical isomers if the person knows or reasonably should know that
the product will be used as a precursor to an illegal substance.
Any employee who sells a product in a suspicious transaction must
report the transaction to the owner, supervisor, or manager of the
establishment. The owner, supervisor, or manager may report the
transaction to local law enforcement. A person who reports information
in good faith is immune from civil liability relating to the report.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
MINNESOTA
Exceptions
Other
requirements
64
 Sales restrictions on methamphetamine precursor drugs do not apply
to: (1) products dispensed pursuant to prescription; (2) pediatric
products labeled pursuant to federal regulation primarily intended
for administration to children under 12 years of age according to
label instructions; (3) drugs that are certified by the Minnesota
Board of Pharmacy as being manufactured in a manner that prevents
the drug from being used to manufacture methamphetamine; (4)
drugs in gel capsule or liquid form; or (5) compounds, mixtures, or
preparations in powder form where pseudoephedrine constitutes less
than one percent of its total weight and is not its sole active
ingredient.
 Minnesota Board of Pharmacy, in consultation with the Minnesota
Department of Public Safety, may certify methamphetamine
precursor drugs that are excepted from the restrictions and publish
an annual listing of these drugs.
 Wholesale drug distributors licensed and regulated by the Minnesota
Board of Pharmacy and registered with and regulated by the U.S.
Drug Enforcement Administration are exempt from the storage
requirements.
State law preempts all local ordinances or regulations governing the
sale by a business establishment of OTC products containing ephedrine
or pseudoephedrine.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
65
MISSISSIPPI
Miss. Code Ann. §§ 41-29-117, 41-29-137, 41-29-313 and § 41-29317.
Any material, compound, mixture or preparation which contains any
quantity of ephedrine or pseudoephedrine.
Both substances are in Schedule III.
Available by prescription only. Except when dispensed directly by a
practitioner, other than a pharmacy, to an ultimate user, a controlled
substance included in Schedule III may not be dispensed without a
written or oral valid prescription of a practitioner. The prescription may
not be filled or refilled more than six months after the date thereof or
be refilled more than five times, unless renewed by the practitioner.
N/A
N/A
N/A
N/A
N/A
N/A
Same as that required for prescriptions.
N/A
N/A
Not addressed by state law.
Not addressed by state law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
MISSISSIPPI
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
66
 Unlawful for any person to knowingly or intentionally: (1) purchase,
possess, transfer, manufacture, attempt to manufacture or distribute
any two or more precursor chemicals or drugs (which include
ephedrine or pseudoephedrine) in any amount with the intent to
unlawfully manufacture a controlled substance; or (2) purchase,
possess, transfer, manufacture, attempt to manufacture or distribute
any two or more listed precursor chemicals or drugs in any amount,
knowing, or under circumstances where one reasonably should
know, that the listed precursor chemical or drug will be used to
unlawfully manufacture a controlled substance.
 Unlawful for any person to purchase, possess, transfer or distribute
250 dosage units or 15 grams in weight of pseudoephedrine or
ephedrine, knowing, or under circumstances where one reasonably
should know, that the pseudoephedrine or ephedrine will be used to
unlawfully manufacture a controlled substance. A person who
violates may be found guilty of a felony and may be imprisoned for
a period not to exceed five years and shall be fined not more than
$5,000, or both fine and imprisonment..
 Possession of one or more products containing more than 24 grams
of ephedrine or pseudoephedrine is a rebuttable presumption of
intent to use the product as a precursor to methamphetamine or
another controlled substance.
 The rebuttable presumption regarding possession does not apply to
the following persons lawfully possessing the drug products: (1) a
retail distributor of the drug products described in this subparagraph
possessing a valid business license or wholesaler; (2) a wholesale
drug distributor, or its agents, licensed by the Mississippi State
Board of Pharmacy; (3) a manufacturer of drug products described
in this subparagraph, or its agents, licensed by the Mississippi State
Board of Pharmacy; (4) a pharmacist licensed by the Mississippi
State Board of Pharmacy; or (5) a licensed health care professional
possessing the drug products described in this subparagraph (ii) in
the course of carrying out his profession.
Mississippi Bureau of Narcotics may develop and maintain a program
to inform retailers about the methamphetamine problem in the state and
devise procedures and forms for retailers to use in reporting to the
Bureau of Narcotics suspicious purchases, thefts or other transactions.
Reporting by retailers is be voluntary. Retailers reporting information
in good faith are immune from civil and criminal liability.
N/A
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
1
67
MISSOURI
V.A.M.S. §§ 195.017, 195.235, 195.246, 195.417, 195.418 and
195.515. 1
19 Mo. Code of State Regulations 30-1.074.
“Methamphetamine precursor drug,” which means any drug containing
ephedrine, pseudoephedrine, phenylpropanolamine or any of their salts,
optical isomers, or salts of optical isomers.
 Ephedrine, its salts, optical isomers and salts of optical isomers,
(when the substance is the only active medicinal ingredient) is a
Schedule IV substance in Missouri.
 The following substances are in Schedule V in Missouri: (1) any
compound, mixture, or preparation containing any detectable
quantity of pseudoephedrine or its salts or optical isomers, or salts
of optical isomers; or (2) any compound, mixture, or preparation
containing any detectable quantity of ephedrine or its salts or optical
isomers, or salts of optical isomers.
 The following substances are not in Schedule V, however: (1) any
compounds, mixtures, or preparations that are in liquid or liquidfilled gel capsule form; or (2) any compound, mixture, or
preparation which must be dispensed, sold, or distributed in a
pharmacy pursuant to a prescription.
None.
Methamphetamine precursor products that qualify as Schedule V
controlled substances may only be sold or distributed by a registered
pharmacist or registered pharmacy technician.
Except for methamphetamine precursor products that do not qualify as
Schedule V substances, all packages may be offered for sale only from
behind a pharmacy counter where the public is not permitted.
 Sales in packages containing not more than a total of three grams of
one or more methamphetamine precursor drugs.
 For nonliquid products, sales in blister packs, each blister containing
not more than two dosage units, or where the use of blister packs is
technically infeasible, sales in unit dose packets or pouches.
Three and six-tenths grams (3.6) without regard to the number of
transactions.
Nine grams, without regard to the number of transactions.
18.
Effective January 1, 2017, many of the statutes will be moved to Chapter 579 of the Missouri Code.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
68
MISSOURI
Photo ID issued by a state or the federal government or a document
that, with respect to identification, is considered acceptable and shows
the date of birth of the buyer.
Not addressed by state law.
Seller must deliver the product directly into the custody of the
purchaser.
 Dispensers must utilize the real-time electronic pseudoephedrine
tracking system established and maintained by the Missouri
Department of Health and Senior Services (“DHSS”).
 If the DHSS electronic database is not available at the time of the
sale, the information must be recorded manually and entered into the
DHSS electronic database as soon as practicable (but no later than
48 hours after the transaction). Signatures must be captured on
paper and then may be scanned to the database. Documentation shall
also identify the reason for the late entry into the DHSS electronic
 Every dispenser must maintain a bound logbook in addition to the
electronic database system to be used to document any alterations,
changes, or deletions to the original transaction record, and sales
that occurred during system failures, including date and time of
entry into the database, justification, and resultant contacts with law
enforcement because the override button was used.
 In the event that the dispenser perceives that refusal of the purchase
may place him or her in imminent physical harm, then the dispenser
may use the database safety override function to proceed with the
transaction, provided that: (1) when jeopardy is no longer perceived,
the dispenser shall immediately contact local law enforcement to
report the purchase; and (2) the dispenser documents in the manual
log, the circumstance, the individual contacted at the local law
enforcement agency, and the date and time of that contact.
 Pharmacy employees are to be assigned individual personal
passwords to identify their own transactions in the database.
 All logs, records, documents, and electronic information maintained
for the dispensing of these products must be open for inspection and
copying by municipal, county, and state or federal law enforcement
officers whose duty it is to enforce the controlled substances laws of
this state or the United States.
 Access to the database and controlled substance records is available
to certain law enforcement agencies and regulatory agencies who
only have the ability to read and review and cannot enter data or
change records.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
MISSOURI
Information
recorded in
tracking system
 The following information must be submitted to the DHSS
electronic database at the time of purchase: (1) date and time of
transaction; (2) pharmacy identification information; (3) purchaser
information, including name, address and date of birth; (4) type of
photo ID provided; (5) purchaser’s signature; (6) dispenser
identification; (7) transaction number, assigned by the database
provider/vendor; (8) purchase transaction information, including the
product description and amount purchased; and (9) form of
pseudoephedrine purchased.
 At least once each month, the pharmacist-in-charge must review the
logbook of changes and the changes captured by the database to see
what changes and alterations pharmacy employees entered. The
date and time of this review must be documented in the bound
logbook maintained by the pharmacy and the electronic system.
 Documentation in the bound logbook must be maintained in a
readily retrievable manner for two years from the date of the
transaction and available for inspection and copying by authorized
DHSS employees and law enforcement.
Offenses
 Any person who knowingly or recklessly violates the sales
restrictions may be found guilty of a class A misdemeanor.
However, any person considered the general owner or operator of
the outlet shall not be penalized if such person documents that an
employee training program was in place to provide the employee
with information on the state and federal regulations regarding
ephedrine, pseudoephedrine, or phenylpropanolamine.
 It is unlawful for any person to possess any methamphetamine
precursor drug with the intent to manufacture amphetamine,
methamphetamine or any of their analogs. A person who violates
this section is guilty of a class D felony.
 Possession of more than 24 grams of any methamphetamine
precursor drug or combination of methamphetamine precursor drugs
shall be prima facie evidence of intent to violate this section. This
subsection shall not apply to any practitioner or to any product
possessed in the course of a legitimate business.
Any manufacturer or wholesaler who sells, transfers, or otherwise
furnishes methamphetamine precursors, or any of their salts, optical
isomers and salts of optical isomers, alone or in a mixture, and is
required by federal law to report any suspicious transaction to the U.S.
attorney general, must submit a copy of the report to the chief law
enforcement official with jurisdiction before completion of the sale or
as soon as practicable thereafter.
Suspicious order
reporting
69
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
MISSOURI
Exceptions
Other
requirements
70
 Restrictions on sales do not apply to products dispensed pursuant to
a prescription.
 The manufacturer of a drug product or another interested party may
apply to DHSS for an exemption from the ales restrictions. DHSS
may grant an exemption by rule from this section if it finds the drug
product is not used in the illegal manufacture of methamphetamine
or other controlled or dangerous substances.
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statutes and / or
regulations
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
MONTANA
MCA §§ 44-4-1001 to 1005 and 50-32-501 to 50-32-503. 2
Mont.Admin.R. 23.12.801 to 23.12.807.
Any product, mixture, or preparation containing any detectable
quantity of ephedrine or pseudoephedrine, any of their salts or optical
isomers, or salts of optical isomers
Schedule IV in Montana includes any material, compound, mixture, or
preparation that contains any quantity of ephedrine having a stimulant
effect on the central nervous system, including its salts, enantiomers
(optical isomers), and salts of enantiomers (optical isomers) when
ephedrine is the only active medicinal ingredient or is used in
combination with therapeutically insignificant quantities of another
active medicinal ingredient.
None.
 Retail sales may occur in one of two places: (1) a licensed
pharmacy; or (2) if there is no licensed community pharmacy within
a county, then at a certified retail establishment in that county.
 Certain retail establishments may apply to the Montana Department
of Justice (“Department”) for certification as an establishment that is
allowed to sell products.
 A retail establishment is eligible to apply for certification with the
department if: (1) it is at least 5,000 square feet in size; (2) it sells at
least 1,000 separate items of product; (3) it has a secure display
location not accessible to customers, either behind a store counter or
in a locked case, available for selling products; (4) it limits sales of
products to packages containing no more than a total of nine grams;
and (5) it agrees to track customer sales and to prevent a customer
from purchasing more than nine grams of products containing
ephedrine or pseudoephedrine in any 30-day period.
Products must be displayed behind the store counter in an area that is
not accessible to customers or in a locked case so that a customer is
required to ask an employee of the licensed pharmacy or certified retail
establishment for assistance in purchasing.
At present, a transaction is limited to packages containing no more than
a total of nine grams. Effective January 1, 2016, the transaction limit is
three and six-tenths (3.6) grams.
No present limit other than 30-day limit. Effective January 1, 2016, the
daily limit will be three and six-tenths (3.6) grams.
Nine grams.
2
Amendments to MCA §§ 50-32-501 to 50-32-502, as well as new § 50-32-503, take effect on January 1, 2016
(2015 Montana Laws Chapter 251).
71
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
72
MONTANA
Not addressed by state law.
Buyer must produce a driver’s license or other form of photo ID.
Effective January 1, 2016, the requirement will change to producing a
valid driver’s license or other form of valid government-issued photo
ID.
Not addressed by state law.
 Presently, buyers must sign a record of sale or acquisition that
includes: (1) the date of the transaction; (2) the name of the person
purchasing or acquiring the ephedrine or pseudoephedrine; and (3)
the number of grams of the product, mixture, or preparation
purchased or acquired.
 Effective January 1, 2016, the buyer must sign a record of sale or
acquisition that includes: (1) the type of identification presented,
including the identification number and issuing governmental entity;
(2) the time and date of the transaction; (3) the name and address of
the person purchasing or acquiring the ephedrine or
pseudoephedrine; (4) the name of the ephedrine or pseudoephedrine
product sold, including the number of grams contained in the
product; and (5) requires an acknowledgement that: (a) the record
may be kept in written or electronic form; (b) an understanding of
the applicable sales limit; and (c) that providing false statements or
misrepresentations may subject the purchaser to criminal penalties.
 Certified retail establishments selling ephedrine or pseudoephedrine
products must keep records of the following: (1) an inventory of
products containing ephedrine or pseudoephedrine purchased by the
retailer; (2) a record of all sales of products containing ephedrine or
pseudoephedrine sold by the retailer, including a record that the
purchaser provided proper identification in either the form of a
driver’s license or other form of photo identification and a record of
the identification number a record of the name and signature of the
employee who made the sale; and (3) the cumulative grams of
product sold to an individual consumer during any 30-day period.
 Certified retail establishments must have received training by the
Department or local law enforcement that covers the record keeping
requirements for retail establishments.
 Certified retail establishments are responsible for ensuring that any
employees responsible for the intake or sale of products containing
ephedrine or pseudoephedrine be trained in the requirements of the
law, including record keeping requirements.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
MONTANA
73
Sales tracking
system
 Effective January 1, 2016, the Department must provide for the
state’s participation in a real-time electronic recordkeeping and
monitoring system for the sale of ephedrine or pseudoephedrine
that: (1) is provided at no charge to the state, law enforcement, or
participating pharmacies and certified retail establishments; (2)
provides appropriate training, 24-hour online support, and a toll-free
telephone help line that is staffed 24 hours a day; (3) can
communicate in real time with similar systems operated in other
states and the District of Columbia and similar systems containing
information submitted by more than one state; (5) comply with
information exchange standards adopted by the national information
exchange model; (6) ensures that submitted data is retained within
the system for at least two years from the date of submission; and
(7) is accessible by law enforcement.
 Effective January 1, 2016, the electronic system must include a stop
sales alert that: (1) provides notification that completion of a sale
would result in the purchaser violating the quantity limits set forth in
this part; (2) includes an override function that may be used by a
pharmacy or certified retail establishment (if the dispenser has
reasonable fear of imminent bodiul; and (3) records each instance in
which the override function is utilized.
 Effective January 1, 2016, in the event of a mechanical or electronic
interruption of the system, the pharmacy or certified retail
establishment shall maintain a written log of sales of ephedrine and
pseudoephedrine until the system is restored. The information
written in the log must be transmitted to the system as soon as
practicable after the system is restored.
Information
recorded in
tracking system
 Effective January 1, 2016, the electronic record must include: (1)
the date and time of a transaction; (2) the name, address, date of
birth, and photo identification number of the purchaser, the type of
identification used, and the issuing governmental entity; (3) the
number of packages purchased, the total number of grams of
ephedrine or pseudoephedrine per package, and the name of the
compound, mixture, or preparation containing ephedrine or
pseudoephedrine; and (4) the signature of the purchaser or a unique
number connecting the transaction to a paper signature retained at
the retail premises.
 Effective January 1, 2016, the Department, a law enforcement
agency of the state, or a federal agency conducting a criminal
investigation involving the manufacture of methamphetamine
consistent with state or federal law may access data, records, and
reports regarding the sale of ephedrine or pseudoephedrine. In
addition, the information may be accessed if relevant to proceedings
in a court, investigatory grand jury, or special grand jury.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
MONTANA
Information
recorded in
tracking system
(continued)
 Effective January 1, 2016, a pharmacy or certified retail
establishment that releases in good faith confidential information to
federal, state, or local law enforcement or to a person acting on the
behalf of law enforcement or that utilizes the system in accordance
with this section is immune from civil liability for the release of the
information or for acts or omissions in utilizing the system under
this section unless the release or the act or omission constitutes
gross negligence or intentional, wanton, or willful misconduct.
Offenses
 A person who knowingly or negligently violates any of the
restrictions in the law may be found guilty of a misdemeanor and
punished by a fine of not less than $100 or more than $500 and by
imprisonment in the county jail for not more than one year.
 Effective January 1, 2016, the penalty for a negligent violation of
the law will be a fine of not more than $500.
 Effective January 1, 2016, the penalty for a knowing violation of the
law is a misdemeanor punishable by a fine of not less than $100 or
more than $500 and by imprisonment in the county jail for not more
than 10 days.
 A person commits the offense of criminal possession of precursors
to dangerous drugs if the person possesses any material, compound,
mixture, or preparation with intent to manufacture dangerous drugs.
A person convicted of criminal possession of precursors to
dangerous drugs may be imprisoned in the state prison for a term
not less than two years or more than 20 years or be fined an amount
not to exceed $50,000, or both.
 Possession of more than nine grams of a product constitutes a
rebuttable presumption of the intent to use the product as a precursor
to methamphetamine or another controlled substance. This
rebuttable presumption does not apply to: (1) a retail distributor of
drug products; (2) a wholesale drug distributor, or its agents,
licensed by the Montana Board of Pharmacy (“Board”); (3) a
manufacturer of drug products or its agents; (4) a pharmacist
licensed by the Board; or (5) a licensed health care professional in
the course of carrying out the profession.
The Department must establish a methamphetamine watch program to,
among other things: (1) inform retailers of the problems associated
with the illicit manufacture and use of methamphetamine in this state;
and (2) establish procedures and develop forms for retailers and other
persons to use in reporting to law enforcement any incidents of theft,
suspicious purchases, or other transactions involving products that may
be used in the illicit manufacture of methamphetamine. Retailer
participation in the program is voluntary.
Suspicious order
reporting
74
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
MONTANA
Exceptions
Other
requirements
75
 Restrictions on sales do not apply to products dispensed pursuant to
a prescription.
 Exceptions to where product can be displayed, transaction records
and who can sell: (1) any quantity of a product, mixture, or
preparation dispensed pursuant to a valid prescription; (2) products
containing ephedrine or pseudoephedrine that are in liquid, liquid
capsule, or gel capsule form if ephedrine or pseudoephedrine is not
the only active ingredient; or (3) a product that the board, upon
application by a manufacturer, exempts from this section by rule
because the product has been formulated in a manner as to
effectively prevent the conversion of the active ingredient into
methamphetamine or its salts or precursors.
 Effective January 1, 2016, sales restrictions will not apply to the sale
of a single package containing no more than 60 milligrams of
ephedrine or pseudoephedrine to an individual.
 Effective January 1, 2016, the following entities may not be
required to participate in the electronic system and maintain a
written log: (1) licensed manufacturers that manufacture and
lawfully distribute products in the channels of commerce; (2)
wholesalers that lawfully distribute products in the channels of
commerce; (3) inpatient pharmacies of health care facilities licensed
in this state; (4) licensed long-term health care facilities; (5)
government-operated health care clinics, departments, or centers; (6)
physicians who dispense drugs pursuant to state law; (7) pharmacies
located in correctional facilities; and (8) government-operated or
industry-operated medical facilities serving the employees of the
state or local or federal government.
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
76
NEBRASKA
Neb. Stat. Ann. §§ 28-405, 28-450, 28-452, 28-453, 28-456, 28-456.01
and 29-459.
Any product containing ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers, or salts of isomers.
Neither substance is scheduled.
May be sold without a prescription as long as they are: (1) labeled and
marketed in a manner consistent with the pertinent OTC Tentative
Final or Final Monograph; (2) manufactured and distributed for
legitimate medicinal use in a manner that reduces or eliminates the
likelihood of abuse; (3) properly packaged according to the statute; (4)
sold by a person at least 18 years of age or older, in the course of his or
her employment to a customer who is at least 18 years of age or older,
with restrictions; and (5) stored behind a counter, in an area not
accessible to customers, or in a locked case so that a customer needs
assistance from an employee to access the drug product.
A retail business in the normal course of its trade or business.
Stored behind a counter, in an area not accessible to customers or in a
locked case so that a customer needs assistance from an employee to
access the drug product.
None, other than the daily limit.
Three and six-tenths (3.6) grams.
Nine grams.
18.
The customer must display a valid driver’s or operator’s license, a
Nebraska state identification card, a military identification card, an
alien registration card, or a passport.
N/A
Package size is limited to three and six-tenths (3.6) grams.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
NEBRASKA
Sales tracking
system
Information
recorded in
tracking system
Offenses
77
 The system must have a stop sale alert to notify the seller if a
purchaser will exceed quantity limits.
 If a seller experiences mechanical or electronic failure of the
electronic logging equipment on the sales end of the transaction or a
failure of the exchange the seller shall maintain a written log or an
alternative electronic recordkeeping mechanism or may refrain from
selling any methamphetamine precursor until such time as the seller
is able to electronically log information.
 If the exchange generates a stop-sale alert, the seller shall not
complete the sale unless the seller has a reasonable fear of imminent
bodily harm if he or she does not complete the sale. The exchange
shall contain an override function to the stop-sale alert for the seller
to use in a situation in which a reasonable fear of imminent bodily
harm is present.
Before completing a sale of a methamphetamine precursor, sellers are
required to electronically submit required information to the exchange,
if the exchange is available to sellers. This information must at least
include: (1) the name, age, and address of the person purchasing,
receiving, or otherwise acquiring the methamphetamine precursor; (2)
the name of the product and quantity of product purchased; (3) the date
and time of the purchase; (4) the name or initials of the seller who sold
the product; and (5) the type of identification presented by the
customer, the governmental entity that issued the identification, and the
number on the identification.
 Selling, distributing, or otherwise transferring any drug product
containing ephedrine, pseudoephedrine, or phenylpropanolamine, or
their salts, isomers, or salts of isomers, with the knowledge that the
transferee will use the drug product as an immediate precursor to a
controlled substance is a Class III misdemeanor.
 Possessing ephedrine, pseudoephedrine, or phenylpropanolamine, or
their salts, isomers, or salts of isomers, with the intent to
manufacture methamphetamine is a Class IV felony.
 Selling ephedrine, pseudoephedrine, or phenylpropanolamine, or
their salts, isomers, or salts of isomers in violation of the law may be
subject to a civil penalty of $50 per day; and for a second or any
subsequent violation, the penalty may be $100 per day. The
products shall be seized and destroyed.
 Sellers that knowingly fail to submit required information to the
exchange or knowingly submit incorrect information to the
exchange are guilty of a Class IV misdemeanor.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Suspicious order
reporting
Exceptions
Other
requirements
78
NEBRASKA
None. (Note: the Nebraska State Patrol may develop and maintain a
program to inform retailers about illicit methamphetamine production,
distribution, and use in Nebraska and devise procedures and forms for
retailers to use in reporting to the patrol suspicious purchases, thefts, or
other transactions involving any products under the retailers’ control
which contain ephedrine, pseudoephedrine, phenylpropanolamine, or
ephedra. If it develops such a program, reporting is voluntary, and
retailers reporting information to the patrol in good faith shall be
immune from civil liability.)
Sales restrictions do not apply to products purchased pursuant to a
medical order.
The Attorney General may grant a waiver exempting a seller from
compliance with the electronic log upon a showing of good cause by
the seller that he or she is otherwise unable to submit the information
by electronic means.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
79
NEVADA
Nev. Rev. Stat. §§ 453.352 to 453.3585, 453.553 to 453.5533 and
439.400 to 439.450.
Any product containing ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers, or salts of isomers of
such chemicals and may be marketed or distributed lawfully in the
United States under the Federal Food, Drug, and Cosmetic Act as a
nonprescription drug.
Neither substance is scheduled.
None.
Retail distributors, which means a grocery store, general merchandise
store, drugstore, pharmacy or other entity or person whose activities as
a distributor of a product that is a precursor to methamphetamine are
limited exclusively or almost exclusively to sales for personal use by
an ultimate user, both in number of sales and volume of sales, either
directly to walk-in customers or in face-to-face transactions by direct
sales.
A retail distributor must keep, store, or place a product that is a
precursor to methamphetamine in a locked case or cabinet or behind a
counter so that the public does not have direct access to the product
before a sale or transfer is made.
None, other than the daily limit.
Three and six-tenths (3.6) grams.
Nine grams.
Not addressed by state law.
An identification card which provides a photograph and which is issued
by the federal government, the state or any other state, or a document
that, with respect to identification, is considered acceptable pursuant
specified federal law.
Not addressed by state law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
Offenses
80
NEVADA
A retail distributor must not sell at retail and in non-liquid form a
product that is a precursor to methamphetamine (ephedrine,
pseudoephedrine, or phenylpropanolamine), including gel caps, unless:
(1) the product is packaged in blister packs, and each blister contains
not more than two dosage units; or (2) if the use of blister packs is
technically infeasible, the product is packaged in unit dosage packets or
pouches.
A retail distributor must maintain a logbook.
 The retail distributor must ensure that the following information is
entered in the logbook: (1) the name of the product sold or
transferred; (2) the quantity of the product sold or transferred; (3)
the name and address of the purchaser or transferee; (4) the date and
time of the sale or transfer; and (5) the type and number of the
identification presented by the purchaser or transferee.
 The entity must also include, in the logbook or otherwise post or
provide to a prospective purchaser or transferee, a notice that
entering a false statement or representation in the logbook may
subject the prospective purchaser or transferee to criminal penalties
under state and federal law.
 A retail distributor must maintain each entry in the logbook for not
less than two years after the date on which the entry is made.
 A retail distributor that violates product placement requirements,
sales limits, sales restrictions, or logbook and ID requirements is
subject to various civil penalties.
 A person who purchases, receives, or otherwise acquires more than
the legal daily and monthly limits is guilty of a misdemeanor, except
that: (1) if the person has a prior conviction relating to a controlled
substance, the person is guilty of a gross misdemeanor; and (2) if the
person has two or more prior convictions relating to a controlled
substance, or a combination of two or more such prior convictions
the person is guilty of a category D felony.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Suspicious order
reporting
Exceptions
Other
requirements
81
NEVADA
N/A (Note: if a pharmacy becomes aware of any unusual or excessive
loss or disappearance of a product that is a precursor to
methamphetamine while the product is under the control of the
pharmacy, the pharmacy must: (1) make an oral report to the
Department of Public Safety at the earliest practicable opportunity after
the pharmacy becomes aware of the unusual or excessive loss or
disappearance of the product that is a precursor to methamphetamine;
and (2) submit a written report to the Department of Public Safety
within 15 days after the pharmacy becomes aware of the unusual or
excessive loss or disappearance of the product that is a precursor to
methamphetamine. The report must include, without limitation, a
description of the circumstances surrounding the loss or
disappearance.)
 Sales restrictions do not apply to a person who has a valid
prescription for the product.
 The purchase limit does not apply if the purchaser is a pharmacy,
practitioner, retail distributor, wholesale distributor, or dispenser
and the purchase is for the purpose of administering, distributing, or
dispensing it in a lawful manner.
A retail distributor must not access, use, or share the information in the
logbook unless allowed by federal law or unless the purpose of
accessing, using, or sharing the information is to ensure compliance
with the state law or to facilitate a product recall to protect the health
and safety of the public.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
82
NEW HAMPSHIRE
No state-level statutes or regulations. Only federal law applies.
N/A
Neither substance is scheduled.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
83
NEW JERSEY
N. J. Rev. Stat. §§ 2C:35-25, 2C:35-26, 24:6H-1 and 24:6H-2.
N.J. Admin. Code 13:45H-2.4.
Any product that contains a single entity or combination of products
containing ephedrine, pseudoephedrine, or phenylpropanolamine.
Neither substance is scheduled.
None.
A pharmacy, store, or other retail mercantile establishment.
Not addressed by state law.
 No more than three packages, or any number of packages that
contain a total of nine grams, of any drug containing a sole active
ingredient of ephedrine, pseudoephedrine, phenylpropanolamine, or
any of their salts, optical isomers or salts of optical isomers.
 No more than three packages of any combination drug containing,
as one of its active ingredients, ephedrine, pseudoephedrine,
phenylpropanolamine or any of their salts, optical isomers, or salts
of optical isomers, or any number of packages of such combination
drug that contain a total of nine grams of ephedrine,
pseudoephedrine, phenylpropanolamine, or any of their salts, optical
isomers or salts of optical isomers.
None, other than the single transaction limit.
None, other than the single transaction limit.
18.
Not addressed by state law.
Not addressed by state law.
Not addressed by state law.
Not addressed by state law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
84
NEW JERSEY
Not addressed by state law.
 Anyone who sells, offers for sale, or purchases in any single retail
transaction more than the three packages or any number of packages
that contain a total of nine grams of ephedrine, pseudoephedrine,
phenylpropanolamine, or any of their salts, optical isomers or salts
of optical isomers is guilty of a disorderly persons offense.
 Proof that a person has in his possession: (1) more than 30 grams or
ten packages of any drug containing a sole active ingredient of
ephedrine, pseudoephedrine, phenylpropanolamine, or any of their
salts, optical isomers or salts of optical isomers; or (2) more than 30
grams or ten packages of any combination drug containing, as one
of its active ingredients, ephedrine, pseudoephedrine,
phenylpropanolamine, or any of their salts, optical isomers or salts
of optical isomers, gives rise to a permissive inference by the trier of
fact that the person acted with a purpose to create
methamphetamine.
 A person is guilty of the crime of unlawful possession of a precursor
if the person, with intent to unlawfully manufacture
methamphetamine, knowingly or purposely possesses ephedrine,
including its salts, isomers or salts of isomers.
 Anyone who knowingly sells, transfers, or otherwise furnishes a
product containing ephedrine alkaloids to a minor who is under 18
years of age is a disorderly person, unless: (1) the person is a
licensed health care professional who has obtained consent to the
treatment of the minor to whom the product is furnished or the
parent or guardian of the minor; or (2) the product is a drug as
defined in the state Food and Drug Act.
Any person who is registered to possess the controlled substance must
design and operate a system to disclose suspicious orders of controlled
substances. The registrant must inform the state Drug Control Unit of
such orders when discovered by the registrant. Suspicious orders
include orders of unusual size, orders deviating substantially from a
normal pattern, and orders of unusual frequency.
Sales restrictions do not apply to a drug lawfully prescribed or
administered by a licensed physician, veterinarian, or dentist.
Every pharmacy, store, and other retail mercantile establishment must
promptly communicate to local law enforcement the confirmed report
of, or actual knowledge of, a loss of 30 or more grams of any drug
containing a sole active ingredient covered by this law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
85
NEW MEXICO
N.M Stat. Ann. § 30-31-10.
N.M. Admin. Code §§ 16.19.20 and 16.19.21.
Any product containing pseudoephedrine.
Any compound, mixture or preparation that contains any detectable
quantity of pseudoephedrine, its salts or its optical isomers, or salts of
its optical isomers is in Schedule V, but pseudoephedrine products in
liquid form including liquid filled gel caps and pseudoephedrine
products already classified as dangerous drugs are excluded.
If no valid prescription, the purchaser must produce identification.
A pharmacy’s principle place of business or a professional practice.
Not addressed by state law.
None, other than the daily limit.
Three and six-tenths (3.6) grams.
Nine grams.
Not addressed by state law.
Unless pursuant to a valid prescription, a person purchasing, receiving
or otherwise acquiring the compound, mixture, or preparation must (1)
produce a driver’s license or other government-issued photo
identification showing the date of birth of the person; and (2) sign a
written log, receipt, or other program or mechanism indicating the date
of the transaction, name of the person, driver’s license number or
government-issued identification number, name of the pharmacist,
pharmacist intern or pharmacy technician conducting the transaction,
the product sold and the total quantity, in grams or milligrams, of
pseudoephedrine purchased.
Not addressed by state law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
NEW MEXICO
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
86
 The purchaser must sign a log after reading the purchaser statement
for pseudoephedrine receipt or other program or mechanism
indicating: (1) the date and time of the transaction; (2) the name and
address of the person; (3) the person’s driver’s license number or
government issued identification number; (4) the name(s) of
pharmacist, pharmacist intern, or pharmacy technician conducting
the transaction; and (5) the product sold and the total quantity, in
grams or milligrams, of pseudoephedrine purchased.
 The purchaser must read and sign a statement that reads, “I have not
purchased more than 3.6 grams today or more than a total of 9
grams of pseudoephedrine as a single entity or in a combination
with other medications in the last 30 days. Entering false statements
or misrepresentations in this logbook may subject me to criminal
penalties.”
 The log is only for exempt pseudoephedrine products and must be
kept separate from all other records.
 The log is to be produced in a way that a customer’s personal
information is not available to other purchasers.
Pharmacies must submit information about someone purchasing,
receiving, or otherwise acquiring the pseudoephedrine compound,
mixture, or preparation without a prescription electronically to the
board or its agents every seven (7) days. Pharmacies may petition the
executive director of the Board of Pharmacy for an alternative method
for the submission of the information.
Not addressed by state law.
Not addressed by state law.
Not addressed by state law.
Sales restrictions do not apply to a person who has a valid prescription
for the product.
Significant loss (includes suspected diversions, in-transit losses or any
other unexplained loss) or theft of a drug precursor must be reported in
writing to the state board of pharmacy.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
87
NEW YORK
No state-level statutes or regulations. Only federal law applies.
N/A
Neither substance is scheduled.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
3
88
NORTH CAROLINA
N.C. Gen. Stat. §§ 90-95 and 90-113.50 to 90-113.61.3
A product containing any detectable quantity of pseudoephedrine or
ephedrine base, their salts or isomers, or salts of their isomers.
Neither substance is scheduled.
If no valid prescription, purchaser must produce identification.
Any “retailer,” which means an individual or entity that is the general
owner of an establishment where pseudoephedrine products are
available for sale.
 Product in the form of a tablet or caplet containing pseudoephedrine
as the sole active ingredient or in combination with other active
ingredients must be stored and sold behind a pharmacy counter.
 Retailer must post a sign or placard in a clear and conspicuous
manner in the area of the premises where the pseudoephedrine
products are offered for sale substantially similar to the following:
“North Carolina law strictly prohibits the purchase of more than 3.6
grams total of certain products containing pseudoephedrine per day,
and more than 9 grams total of certain products containing
pseudoephedrine within a 30-day period.”
None, other than the daily limit.
Three and six-tenths (3.6) grams.
Nine grams.
18.
The retailer must require every purchaser of a pseudoephedrine product
to furnish a valid, unexpired, government-issued photo identification
and to provide, in print or orally, a current valid personal residential
address.
It is unlawful for any person to possess a pseudoephedrine product if
the person has a prior conviction, from any jurisdiction within the U.S.,
for the possession of methamphetamine, possession with the intent to
sell or deliver methamphetamine, sell or deliver methamphetamine,
trafficking methamphetamine, possession of an immediate precursor
chemical, or manufacture of methamphetamine.
N.C. Gen. Stat. § 106-145.13 was repealed effective December 1, 2015 (2015 North Carolina Laws 276).
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
89
NORTH CAROLINA
A pseudoephedrine product in the form of a tablet, caplet, or gel cap
must not be offered for retail sale loose in bottles but must be sold only
in blister packages.
 Before completing a sale of a product containing a pseudoephedrine
product, a retailer must electronically submit the required
information to NPLEx administered by NADDI, provided that the
NPLEx system is available to retailers in the State without a charge
for accessing the system and the retailer has internet access.
 The seller must not complete the sale if the system generates a stop
alert. Absent negligence, wantonness, recklessness, or deliberate
misconduct, any retailer utilizing the electronic sales tracking
system in accordance with this subsection must not be civilly liable
as a result of any act or omission in carrying out the duties required
by this subsection and is immune from liability to any third party
unless the retailer has violated any provision of the law in relation to
a claim brought for such violation.
 This system must be capable of generating a stop sale alert, if the
completion of the sale would result in the seller or purchaser
violating the quantity limits. The system must contain an override
function that may be used by a dispenser of a pseudoephedrine
product who has a reasonable fear of imminent bodily harm if the
dispenser does not complete a sale. Each instance in which the
override function is utilized shall be logged by the system.
 If a pharmacy selling a product containing a pseudoephedrine
product experiences mechanical or electronic failure of the
electronic sales tracking system and is unable to comply with the
electronic sales tracking requirement, the pharmacy or retail
establishment must record that the sale was made without
submission to the NPLEx system in the record of disposition
required in the logbook.
 The name and address of every purchaser must be entered in a
record of disposition of pseudoephedrine products to the consumer
on a form approved by the State Commission.
 The record also must identify each pseudoephedrine product
purchased, including the number of grams the product contains and
the purchase date of the transaction.
 The retailer must require that every purchaser sign the form attesting
to the validity of the information and allow for an electronic
signature.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
NORTH CAROLINA
Information
recorded in
tracking system
(continued)
 The form must minimize disclosure of personal information to
unauthorized persons.
 A retailer must maintain a record of disposition of pseudoephedrine
products to the consumer for a period of two years from the date of
each transaction.
Offenses
 If a retailer willfully and knowingly violates the provisions of
statute, the retailer shall be guilty of a Class A1 misdemeanor for the
first offense and a Class I felony for a second or subsequent offense.
A retailer convicted of a third offense occurring on the premises of a
single establishment shall be prohibited from making
pseudoephedrine products available for sale at that establishment.
 Any purchaser or employee who willfully and knowingly violates
the statute shall be guilty of a Class 1 misdemeanor for the first
offense, a Class A1 misdemeanor for a second offense, and a Class I
felony for a third or subsequent offense. This subsection shall not be
construed to apply to bona fide innocent purchasers.
 A retailer who fails to train employees in accordance with the
statute, adequately supervise employees in transactions involving
pseudoephedrine products, or reasonably discipline employees for
violations of this Article shall be fined up to $500 for the first
violation, up to $750 for the second violation, and up to $1,000 for a
third or subsequent violation of this section.
A retailer or an employee of the retailer who, reasonably and in good
faith, reports to any law enforcement agency any alleged criminal
activity related to the sale or purchase of pseudoephedrine products, or
who refuses to sell a pseudoephedrine product to a person reasonably
believed to be ineligible to purchase a pseudoephedrine product.
 Sales restrictions do not apply to any pseudoephedrine product that
is in the form of a liquid, liquid capsule, gel capsule, or pediatric
product labeled pursuant to federal regulation primarily intended for
administration to children under 12 years of age according to label
instruction, except as to those specific products for which the
Commission issues an order subjecting the product to requirements
under this statute.
 Sales limits do not apply if the product is dispensed under a valid
prescription.
Suspicious order
reporting
Exceptions
90
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
NORTH CAROLINA
Other
requirements
91
 If the retailer has reasonable grounds to believe that the prospective
purchaser is under 18 years of age, the retailer shall require the
prospective purchaser to furnish photo identification showing the
date of birth of the person.
 A record must be readily available within 48 hours of the time of the
transaction for inspection by an authorized official of a federal,
state, or local law enforcement agency. The records maintained by a
retailer are privileged information and are not public records but are
for the exclusive use of the retailer and law enforcement. The
retailer may destroy the information after two years from the date of
the transactions.
 A retailer must require that employees of the establishment involved
in the sale of pseudoephedrine products in the form of tablets or
caplets, and any other pseudoephedrine product for which the
Commission issues an order be trained in a program conducted, or
approved, by the Commission.
 A retailer or an employee of the retailer who, reasonably and in
good faith, reports to any law enforcement agency any alleged
criminal activity related to the sale or purchase of pseudoephedrine
products, or who refuses to sell a pseudoephedrine product to a
person reasonably believed to be ineligible to purchase a
pseudoephedrine product pursuant to the statute, is immune from
civil liability for that conduct except in cases of willful misconduct.
No retailer can retaliate in any manner against any employee of the
establishment for a report made in good faith to any law
enforcement agency concerning alleged criminal activity related to
the sale or purchase of pseudoephedrine products.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
92
NORTH DAKOTA
N.D. Cent. Code §§ 19-03.1-01, 19.03.4-07 and 19.03.4-08.
A product that contains ephedrine, pseudoephedrine, or
phenylpropanolamine, or each of the salts, optical isomers, and salts of
optical isomers of each chemical, and that may be marketed or
distributed under the Federal Food, Drug, and Cosmetic Act as a
nonprescription drug unless prescribed by a licensed physician.
Neither substance is scheduled.
If no valid prescription, purchaser must produce identification.
An owner, operator, or manager of a retail outlet.
Products must be behind a counter or other barrier or in a locked
cabinet, where purchasers do not have direct access to the products
before the sale is made.
Two grams.
Three and six-tenths (3.6) grams.
Nine grams.
18.
Purchaser must show proof of age, which means a document issued by
a governmental agency which: (1) contains a description of the person
or a photograph of the person, or both; (2) gives the person’s date of
birth. Such a document includes a passport, military identification
card, or driver’s license.
Not addressed by state law.
Sales must be in blister packs, each blister containing not more than
two dosage units, or when the use of blister packs is technically
infeasible, sales in unit dose packets or pouches.
 The retailer must maintain a written list of sales, and before
completing the transaction, the person making the sale must submit
all the information from the written record into the electronic
recordkeeping system.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
NORTH DAKOTA
93
Sales tracking
system
(continued)
 The state bureau of criminal investigation must provide retailers of
listed chemical products access to a real-time electronic
recordkeeping system to enter into the record system any transaction
required to be recorded.
 The real-time electronic recordkeeping system must be maintained
in a central repository and must have the capability to calculate state
and federal ephedrine base, pseudoephedrine base, and
phenylpropanolamine base purchase limitations.
 The electronic recordkeeping system must include a record of all the
information in the written record, the unique identification number,
and certification that a signature has been obtained.
 If feasible, the state prescription drug monitoring system may be
used as the electronic recordkeeping system. The bureau of criminal
investigation may contract with a private vendor to implement this
subsection. A contractor must comply with the confidentiality
requirements of this chapter and is subject to sanctions for violation
of confidentiality requirements, including termination of the
contract.
 The bureau of criminal investigation may not charge a retailer a fee
for the establishment of, maintenance of, or access to, the electronic
recordkeeping system.
Information
recorded in
tracking system
 The written record of purchases must: (1) identify the product by
name; (2) list the quantity sold: (3) list the names and addresses of
the purchasers, the dates and times of the sales, a unique
identification number relating to the electronic record submitted into
the electronic recordkeeping system, and a notice to a purchaser that
the making of false statements or misrepresentations may subject the
purchaser to federal and state criminal penalties.
 The purchaser must sign the written list of sales and enter the
purchaser’s name, address, and the date and time of the sale.
 The person making the sale shall determine that the name entered by
the purchaser corresponds with the name on the identification
provided by the purchaser and that the date and time of the purchase
is correct. The person making the sale shall enter the name of the
product and the quantity sold on the list.
 The retailer must maintain the record of identification required by
the law for three years, after which the record must be destroyed.
Offenses
 Possession of more than 24 grams of a methamphetamine precursor
drug or combination of methamphetamine precursor drugs
calculated in terms of ephedrine and pseudoephedrine is prima facie
evidence of intent to violate the law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
NORTH DAKOTA
Offenses
(continued)
Suspicious order
reporting
Exceptions
Other
requirements
94
 A person who willfully sells products in violation of the age
restriction is guilty of an infraction. (It is an affirmative defense
that: (1) the person making the sale required and obtained proof of
age from the purchaser; (2) the purchaser falsely represented the
purchaser’s proof of age by use of a false, forged, or altered
document; (3) the appearance of the purchaser was such that an
ordinary and prudent person would believe the purchaser to be at
least eighteen years of age; and (4) the sale was in good faith and in
reliance upon the appearance and proof of age of the purchaser.
 A person who willfully sells more than two packages of products in
violation of the blister pack requirement is guilty of a class A
misdemeanor.
Not addressed by state law.
 Sales or possession restrictions do not apply to a practitioner or
product possessed in the course of a legitimate and lawful business.
 This section does not apply to a product that the state board of
pharmacy, upon application of a manufacturer, exempts from this
section because the product has been formulated in such a way as to
effectively prevent the conversion of the active ingredient into
methamphetamine, or its salts or precursors.
 A person who is the owner, operator, or manager of the retail outlet
or who is the supervisor of the employee or agent committing a
violation of this section of the outlet where scheduled listed
chemical products are available for sale is not subject to the
penalties of this section if the person: (1) did not have prior
knowledge of, participate in, or direct the employee or agent to
commit, the violation of this section; and (2) certifies to the attorney
general that the employee or agent, at the time of initial employment
and each calendar year thereafter, participated in a training program
approved by the attorney general providing the employee or agent
with information regarding the state and federal regulations
governing the sale, possession, and packaging of such products.
The person may not use or maintain the record of identification for any
private or commercial purpose or disclose the record to any person,
except as required by law. The retailer must disclose the record, upon
request, to a law enforcement agency for a law enforcement purpose.
A person who, in good faith, releases the information in the record of
identification to federal, state, or local law enforcement authorities is
immune from civil liability for such release, unless the release
constitutes gross negligence or intentional, wanton, or willful
misconduct.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
95
OHIO
Ohio Rev. Code Ann. §§ 2925.55 to 2925.58 and 3715.05 to 3715.06.
Ohio Admin. Code §§ 4729-9-12 and 4729-9-16.
Any products that contains ephedrine (any material, compound,
mixture, or preparation that contains any quantity of ephedrine, any of
its salts, optical isomers, or salts of optical isomers) or
pseudoephedrine (any material, compound, mixture, or preparation that
contains any quantity of pseudoephedrine, any of its salts, optical
isomers, or salts of optical isomers).
Neither substance is scheduled.
If no valid prescription, purchaser must produce identification.
Any retailer, which means a place of business that offers consumer
products for sale to the general public.
Not addressed by state law.
None, other than the daily limit.
Three and six-tenths (3.6) grams.
Nine grams.
18, unless: (1) the product is dispensed by a pharmacist pursuant to a
valid prescription issued by a licensed health professional; (2) a parent
or guardian of that individual provides the product to the individual; or
(3) a person, as authorized by that individual’s parent or guardian, who
dispenses, sells, or otherwise provides the product to the individual.
Government-issued identification card that verifies the purchaser’s
identity.
Not addressed by state law.
Purchaser must sign and print their name in transaction log book.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
OHIO
96
Sales tracking
system
 A retailer or terminal distributor of dangerous drugs that sells, offers
to sell, holds for sale, delivers, or otherwise provides a
pseudoephedrine or ephedrine product to the public must maintain a
log book of all purchases of pseudoephedrine or ephedrine products
made without a valid prescription. The log book may be maintained
in a tangible format, in an electronic format, or in both formats.
 A retailer or terminal distributor of dangerous drugs must submit the
information to the national precursor log exchange regarding each
sale of pseudoephedrine or ephedrine product that is not made
pursuant to a valid prescription.
 A retailer or terminal distributor of dangerous drugs that is unable to
complete an information submission due to mechanical or electronic
failure of the equipment used to complete the information
submission or due to the temporary inability of the retailer or
terminal distributor to obtain internet service must: (1) maintain a
written or electronic record of the information; and (2) complete the
information submission as soon as practicable after the mechanical
or electronic failure has been rectified or internet service has been
restored.
 A retailer or terminal distributor of dangerous drugs must not
complete a sale if the exchange generates a stop-sale alert after the
information is submitted.
 A retailer or terminal distributor of dangerous drugs may complete a
sale even though the exchange has generated a stop-sale alert if the
retailer or terminal distributor of dangerous drugs has a reasonable
fear of imminent bodily harm should the sale not be completed. To
accommodate such circumstances, the retailer or terminal distributor
of dangerous drugs shall ensure that the override function of the
exchange has been enabled.
Information
recorded in
tracking system
 With respect to NPLEx, the following information must be
submitted: (1) purchaser’s name and address; (2) name and quantity
of the product purchased; (3) date and time of the purchase; and (4)
type of government-issued identification provided by the purchaser
at the time of purchase, the identification number, if any, on the
identification, and the agency that issued the identification.
 Log book must be retained in a tangible format, in an electronic
format, or in both formats for a minimum of one year after the date
of the last purchase recorded in the log book or as required by
federal law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
OHIO
97
Information
recorded in
tracking system
(continued)
 Log book must contain the following statement (or the statement
can be posted in a conspicuous location): “Ohio law prohibits the
over-the-counter purchase of a consumer product containing a total
amount of base pseudoephedrine or base ephedrine that exceeds
either three and six tenths grams in a single day or nine grams
within any period of thirty consecutive days. If, without a valid
prescription, you purchase a consumer product containing
pseudoephedrine or ephedrine, you are required to sign a log book
that may be accessible to law enforcement officers and provide a
government-issued identification card to verify your identity. Except
in limited circumstances, the purchase of more than the permissible
amount of a consumer product containing pseudoephedrine or
ephedrine, and the purchase by any individual under eighteen years
of age of a consumer product containing pseudoephedrine or
ephedrine, are subject to criminal prosecution or delinquency
proceedings in accordance with Ohio law. Also, the provision of
false information concerning an individual’s name, age, or other
identification for the purpose of acquiring a consumer product
containing pseudoephedrine or ephedrine is subject to criminal
prosecution or delinquency proceedings in accordance with Ohio
law.”
 If the log book is maintained in an electronic format, the statement
shall be set forth in such a manner that it is presented on the viewing
screen to each purchaser who is signing an entry in the log book
before the purchaser may sign the entry. If the log book is
maintained in a tangible format, the statement must be set forth on
the cover of the log book and on each page of the log book.
Offenses
 Whoever knowingly purchases, receives, or otherwise acquires an
amount of pseudoephedrine or ephedrine product that is greater than
allowed by the statute, unless the pseudoephedrine or ephedrine
product is dispensed by a pharmacist pursuant to a valid prescription
issued by a licensed health care professional, is guilty of unlawful
purchase of a pseudoephedrine or ephedrine product, a misdemeanor
of the first degree.
 Whoever is under 18 and knowingly purchases, receives, or
otherwise acquires an amount of pseudoephedrine or ephedrine
product that is greater than allowed by the statute, unless the
pseudoephedrine or ephedrine product is dispensed by a pharmacist
pursuant to a valid prescription issued by a licensed health care
professional, is guilty of underage purchase of a pseudoephedrine or
ephedrine product, a delinquent act that would be a misdemeanor of
the fourth degree if it could be committed by an adult.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
OHIO
Offenses
(continued)
98
 Whoever is under 18 and knowingly shows or gives false
information concerning the individual’s name, age, or other
identification for the purpose of purchasing, receiving, or otherwise
acquiring a pseudoephedrine or ephedrine product, is guilty of using
false information to purchase a pseudoephedrine or ephedrine
product, a delinquent act that would be a misdemeanor of the first
degree if it could be committed by an adult.
 Whoever purchases a pseudoephedrine or ephedrine product without
a valid prescription and does not sign and print the purchaser’s name
in the log book and present a government-issued identification card
to the retailer or terminal distributor of dangerous drugs to verify the
purchaser’s identity, is guilty of improper purchase of a
pseudoephedrine or ephedrine product, a misdemeanor of the fourth
degree.
 Whoever knowingly sells, offers to sell, holds for sale, delivers, or
otherwise provides to any individual an amount of pseudoephedrine
or ephedrine product that is greater than: (1) 3.6 grams per day; or
(2) nine grams within a 30-day period is guilty of unlawfully selling
a pseudoephedrine or ephedrine product, a misdemeanor of the first
degree.
 Whoever sells, offers to sell, holds for sale, delivers, or otherwise
provides a pseudoephedrine or ephedrine product to an individual
who is under 18 is guilty of unlawfully selling a pseudoephedrine or
ephedrine product to a minor, a misdemeanor of the fourth degree.
 Whoever does not maintain a log book is guilty of improper sale of
a pseudoephedrine or ephedrine product, a misdemeanor of the
second degree.
 Whatever retailer or terminal distributor of dangerous drugs does
not submit: (1) the purchaser’s name and address; (2) the name and
quantity of the product purchased; (3) the date and time of the
purchase; and (4) the type of government-issued identification
provided by the purchaser at the time of purchase to the national
precursor log exchange regarding each sale of pseudoephedrine or
ephedrine product that is not made pursuant to a valid prescription,
is guilty of failing to submit information to the national precursor
log exchange, a misdemeanor for which the offender shall be fined
not more than $1,000 per violation.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
OHIO
99
Suspicious order
reporting
 Wholesale drug distributors must establish and maintain inventories
and records of all transactions regarding the receipt and distribution
or other disposition of dangerous drugs which must include a system
of procedures designed and operated to disclose orders for
controlled substances and other dangerous drugs subject to abuse.
The wholesaler must inform the state board of pharmacy of
suspicious orders for drugs when discovered. Suspicious orders are
those which, in relation to the wholesaler’s records as a whole, are
of unusual size, unusual frequency, or deviate substantially from
established buying patterns.
 Each wholesale distributor of dangerous drugs registered with the
state board of pharmacy must report any suspicious purchases of
any dangerous drugs by a prescriber exempted from licensure as a
terminal distributor of dangerous drugs. A suspicious purchase
includes, but is not limited to, any drugs that the prescriber is not
authorized to use in the course of his/her professional practice.
Exceptions
 Sales restrictions do not apply if the product is dispensed under a
valid prescription issued by a licensed health care professional.
 It is not a violation for a retailer, terminal distributor of dangerous
drugs, or employee of either to provide to an individual more than
an amount of pseudoephedrine or ephedrine product if: (1) the
individual is an employee of the retailer or terminal distributor of
dangerous drugs, and the employee receives or accepts from the
retailer, terminal distributor of dangerous drugs, or employee the
pseudoephedrine or ephedrine product in a sealed container in
connection with manufacturing, warehousing, placement, stocking,
bagging, loading, or unloading of the product; or (2) a stop-sale alert
is generated after the submission of information to the national
precursor log exchange.
 A seller or an agent or employee of a seller may not be found guilty
of unlawfully selling a pseudoephedrine or ephedrine produce in
which the age of the purchaser or other recipient is an element of the
alleged violation if the seller, agent, or employee raises and proves
as an affirmative defense that: (1) a card holder attempting to
purchase or receive a pseudoephedrine product presented a driver’s
or commercial driver’s license or an identification card; (2) a
transaction scan of the driver’s or commercial driver’s license or
identification card that the card holder presented indicated that the
license or card was valid; and (3) the pseudoephedrine product was
sold, given away, or otherwise distributed to the card holder in
reasonable reliance upon the identification presented and the
completed transaction scan.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
OHIO
Other
requirements
100
 Information contained in the log book may not be used or disclosed
except: (1) in response to a court order or subpoena; (2) in response
to a request from a law enforcement official to be used for law
enforcement purposes; or (3) for purposes of complying with
requirements regarding the submission of information to the
national precursor log exchange.
 A retailer or terminal distributor of dangerous drugs is not liable in
damages in a civil action for injury, death, or loss to person or
property resulting from any act or omission in carrying out duties
regarding the sale of pseudoephedrine or ephedrine product, unless
the act or omission is negligent or reckless or constitutes willful or
wanton misconduct.
 Each retailer, terminal distributor of dangerous drugs, pharmacy,
prescriber, or wholesaler that sells, offers to sell, holds for sale,
delivers, or otherwise provides any pseudoephedrine product and
that discovers the theft or loss of any pseudoephedrine product in an
amount of more than nine grams per incident of theft or loss shall
notify all of the following upon discovery of the theft or loss: (1) the
state board of pharmacy, by telephone immediately upon discovery
of the theft or loss; (2) law enforcement authorities. If the incident is
a theft and the theft constitutes a felony, the retailer, terminal
distributor of dangerous drugs, pharmacy, prescriber, or wholesaler
shall report the theft to the law enforcement authorities in
accordance with state law. Within 30 days after making a report by
telephone to the state board of pharmacy, a retailer, terminal
distributor of dangerous drugs, pharmacy, prescriber, or wholesaler
must send a written report to the state board of pharmacy. The
reports required must identify the product that was stolen or lost, the
amount of the product stolen or lost, and the date and time of
discovery of the theft or loss.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
101
OKLAHOMA
Okla. Stat. Ann. tit. 63 §§ 2-210, 2-212, 2-233, 2-332, 2-341, 2-401
and 2-701.
Okla. Admin. Code §§ 475:55-1-3, 475:55-1-5, 475:55-1-9 and
535:20-7-7.3.
Any product containing ephedrine, pseudoephedrine, or
phenylpropanolamine or their salts, isomers, or salts of isomers.
 Ephedrine is a Schedule IV controlled substance, but the Director of
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
may exempt any other drug product containing ephedrine from the
schedule if the product: (1) is labeled and marketed in a manner
consistent with the pertinent OTC tentative final or final monograph
issued by the FDA; and (2) is manufactured and distributed for
legitimate medicinal use and in a manner that reduces or eliminates
the likelihood of abuse.
 Pseudoephedrine is a Schedule V controlled substance, and any
compound, mixture, or preparation containing any detectable
quantity of base pseudoephedrine or ephedrine, its salts or optical
isomers, or salts of optical isomers. If any compound, mixture, or
preparation must be dispensed, sold, or distributed only by, or under
the supervision of, a licensed pharmacist or a registered pharmacy
technician.
If no valid prescription, purchaser must produce identification.
Licensed pharmacies that are registered with the Oklahoma Bureau of
Narcotics and Dangerous Drugs Control.
Substances must be kept in a locked environment (e.g., shelving unit,
safe, cabinet) that is within view of the pharmacy, or behind the
pharmacy counter. The pharmacist and those with access to the
pseudoephedrine products have an affirmative duty to guard against the
theft and diversion of the products.
None, other than the daily limit.
Three and six-tenths (3.6) grams.
Seven and two-tenths (7.2) grams.
Not addressed by state law.
Driver’s license, passport, military identification, or other state-issued
identification card.
Cannot be sold, given, or otherwise acquired by any person who is
listed on the Methamphetamine Offender Registry.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
OKLAHOMA
Additional
restrictions on
sales
102
 Sales limitation of 60 grams in a 12-month period.
 A person may not purchase, receive or acquire any additional
product, mixture or preparation containing any detectable quantity
of base pseudoephedrine or ephedrine for a period of not less than
72 hours following the last permitted purchase.
 Pharmacies must post a sign, provided by the Oklahoma Bureau of
Narcotics, in a conspicuous area in or around the pharmacy, to
inform people obtaining pseudoephedrine about the provisions of
the Oklahoma Methamphetamine Offender Registry Act, that
prohibit any person who has been convicted, pled guilty or no
contest, or otherwise was serving any sentence for a
methamphetamine related offense, from purchasing or possessing a
product containing any amount of pseudoephedrine. Alternatively,
such notification may be presented to the purchaser by electronic
means. Such purchaser must attest, by signature, in written or
electronic form, that he or she is not subject to the Oklahoma
Methamphetamine Offender Registry Act, prior to purchase of any
pseudoephedrine products.
 A service charge not to exceed the purchase price of the product,
may be assessed and collected by the licensed pharmacist or
registered pharmacy technician at the point of sale from the person
seeking to purchase a pseudoephedrine product. Upon verification
that the person is an individual who is not listed on the
methamphetamine offender registry, the service charge will be
deducted from the total purchase price of the pseudoephedrine
product. If it is verified that the person is an individual who is listed
on the methamphetamine offender registry, the person shall be
prohibited from purchasing the product and must forfeit the service
charge previously collected by the licensed pharmacist or registered
pharmacy technician.
 Any pharmacy that requires the assessment and collection of a
service charge for pseudoephedrine products must post a clear and
conspicuous sign at each public entrance to the place of business
and at each register within the pharmacy that provides notice to
customers of the pharmacy that a service charge will be assessed
and collected for pseudoephedrine products and, upon verification
that the person is listed on the methamphetamine offender registry,
the service charge shall be forfeited and retained by the pharmacy.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
OKLAHOMA
Sales tracking
system
103
 Any pharmacy that dispenses any pseudoephedrine or ephedrine
product must maintain an electronic record of the sale. The
electronic record must also be maintained in a manner that allows
for the determination of the equivalent number of packages
purchased and total quantity of base pseudoephedrine or ephedrine
purchased.
 If the electronic tracking service is not able to record the
identification type and identification number of the purchaser, the
licensed pharmacist or a registered pharmacy technician must write
the identification type and number on the order.
 Each pharmacy must have in place and operational all equipment
necessary to access and use a real-time electronic methamphetamine
precursor tracking service which is approved by the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control. The tracking
service must be capable of generating a stop-sale alert to notify a
pharmacy that an attempted purchase by a person of base
pseudoephedrine or ephedrine exceeds the quantity limits. The
tracking service must be capable of stopping an illegal purchase in
real-time and must contain an override function that allows a
pharmacy to complete a sale if the circumstances require that such
sale be completed.
 Absent intentional violation, any pharmacy utilizing the electronic
methamphetamine precursor tracking service will not be civilly
liable as a result of any act or omission in carrying out its duties.
Such pharmacies will also be immune from liability to any third
party unless the pharmacy has violated a provision of this section in
relation to a claim brought for such violation.
 If a pharmacy selling an OTC product experiences mechanical or
electronic failure of the electronic tracking service and is unable to
comply with the provisions of this section, the pharmacy must
maintain a written log until such time as the pharmacy is able to
comply with the electronic tracking service requirements.
 A pharmacy may seek an exemption from submitting transactions to
the electronic tracking service in writing to the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control stating the
reasons for such exemption. The Bureau may grant an exemption
for good cause, but in no event shall such exemption exceed 180
days. If the pharmacy receives an exemption it must maintain a
hard-copy logbook and require the purchaser to provide the
information required before completion of any sale. The logbook
shall be maintained as a record of each sale for inspection by any
law enforcement official during normal business hours.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
OKLAHOMA
104
Information
recorded in
tracking system
 The purchaser must sign a written or electronic log, receipt, or other
program or mechanism approved by the Oklahoma Bureau of
Narcotics and Dangerous Drugs Control, showing: (1) the date and
time of the transaction; (2) name, address, and date of birth of the
purchaser; (3) driver’s license number, passport, military
identification, or state-issued identification number and state of
residence of the purchaser; (4) name and initials of the pharmacist or
pharmacy technician conducting the transaction; (5) the product
being sold; (6) the total quantity, in grams, of base pseudoephedrine
or ephedrine purchased; and (7) attestation by the person receiving
the compound, mixture or preparation that the person is not subject
to the Methamphetamine Offender Registry Act.
 The pharmacy must maintain the signatures of those who attest, in
written or electronic form, that he or she is not subject to the
Oklahoma Methamphetamine Offender Registry Act for a period of
two years from the date of signature.
Offenses
 Possession of a drug product containing more than 7.2 grams of
ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts,
isomers or salts of isomers constitutes a rebuttable presumption of
the intent to use the product as a precursor to methamphetamine or
another controlled substance and is a felony punishable by not less
than seven years nor more than life and by a fine of not less than
$50,000. However, the rebuttable presumption does not apply to the
following persons who are lawfully possessing drug products in the
course of legitimate business: (1) a retail distributor of drug
products or wholesaler; (2) a wholesale drug distributor, or its
agents, licensed by the Board of Pharmacy; (3) a manufacturer of
drug products, or its agents, licensed by the Board of Pharmacy; (4)
a pharmacist licensed by the Board of Pharmacy; and (5) a licensed
healthcare professional possessing the drug products in the course of
carrying out his profession.
 It is unlawful for any person to knowingly sell, transfer, distribute,
or dispense any product containing ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers or salts of isomers if
the person knows that the purchaser will use the product as a
precursor to manufacture methamphetamine or another controlled
illegal substance or if the person sells, transfers, distributes or
dispenses the product with reckless disregard as to how the product
will be used. Such a violation is a felony punishable by
imprisonment of not more than ten years.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
OKLAHOMA
Offenses
(continued)
Suspicious order
reporting
Exceptions
105
 Any person who sells, transfers, distributes, dispenses, or in any
manner furnishes any product containing pseudoephedrine or
phenylpropanolamine, or their salts, isomers, or salts of isomers in a
negligent manner, with knowledge or reason to know that the
product will be used as a precursor to manufacture
methamphetamine or any other illegal controlled substance, or with
reckless disregard as to how the product will be used, is liable for all
damages, whether directly or indirectly caused by the sale, transfer,
distribution, dispensation, or furnishing. The damages may include
any and all costs: (1) detecting, investigating, and cleaning up or
remediating clandestine or other unlawfully operated or maintained
laboratories where controlled dangerous substances are
manufactured; (2) prosecuting criminal cases arising from such
manufacture; and (3) consequential and punitive damages otherwise
allowed by law. The damages also may include a civil action to
recover damages against persons, corporations or other entities that
may be shown to have committed such violation and may be used to
remediate for methamphetamine clean up or drug education
programs.
 Any person who violates any of the electronic tracking provisions is
guilty of a misdemeanor punishable by a fine of not more than
$1,000. If the person convicted is a licensed pharmacist or registered
pharmacy technician, the violation must be reported to the State
Board of Pharmacy for review and appropriate action.
 It is unlawful for any person who knows that he or she is subject to
the methamphetamine offender registry to purchase, possess or have
control of any Schedule V compound, mixture, or preparation
containing any detectable quantity of pseudoephedrine, its salts or
optical isomers, or salts of optical isomers, and a prescription for
pseudoephedrine does not provide an exemption for any person to
this law. Any person convicted of violating this provision is guilty
of a felony, punishable by imprisonment for not less than two years
and not more than ten years, or by a fine of not more than $5,000, or
by both.
Wholesalers are required to establish and maintain. a suspicious order
monitoring program for controlled substances and dangerous drugs
with a high likelihood of abuse and: (1) must not ship the customer’s
order if the order is confirmed as suspicious; and (2) must notify the
board of pharmacy within ten days, if an order is confirmed as
suspicious.
Sales restrictions do not apply to any quantity of such product, mixture,
or preparation dispensed pursuant to a valid prescription, which must
have an attached pharmacy label consistent with other non-scheduled
drugs obtained by prescription.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Other
requirements
106
OKLAHOMA
The information entered, stored and maintained by the electronic
methamphetamine precursor tracking service must be confidential and
only accessed by law enforcement officials, health care professionals,
and licensed pharmacists for the purpose of controlling the sale of
methamphetamine precursors.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances covered
State controlled
substance schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30-day
period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history of
purchaser
Additional
restrictions on sales
Sales tracking
system
Information
recorded in
tracking system
107
OREGON
Or. Rev. Stat. §§ 475.754 and 475.940.
Or. Admin. R. 855-080-0023.
Any product containing ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers, or salts of isomers.
Both are Schedule III substances. (The state board of pharmacy may
not adopt rules that exempt a product containing ephedrine or
pseudoephedrine from classification as a controlled substance.)
Available by prescription only.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Records of transactions involving products containing ephedrine,
pseudoephedrine, or phenylpropanolamine are subject to inspection by
the Oregon Board of Pharmacy and law enforcement agencies. A
person required to make or maintain records of transactions involving
products containing ephedrine, pseudoephedrine or
phenylpropanolamine must forward the records to the Oregon
Department of State Police if directed to do so.
N/A
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
OREGON
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
108
 It is an affirmative defense to a charge of possessing a controlled
substance by unlawfully possessing pseudoephedrine that the
person: (1) obtained the pseudoephedrine lawfully; (2) possessed
no more than six grams of pseudoephedrine, the salts, isomers or its
salts of isomers; and (3) possessed the pseudoephedrine under
circumstances that are consistent with typical medicinal or
household use.
 Failure to forward records required to make or maintain records of
transactions involving products containing ephedrine,
pseudoephedrine, or phenylpropanolamine is a Class A
misdemeanor.
Not addressed by state law.
 It is not unlawful to possess or distribute products that the State
Board of Pharmacy, upon application of a manufacturer, exempts
by rule because the product is formulated to effectively prevent
conversion of the active ingredient into methamphetamine or its
salts or precursors.
 Upon notification from the department of state police that it has
probable cause to believe that a product exempted under the law
does not effectively prevent conversion of the active ingredient into
methamphetamine or its salts or precursors, the State Board of
Pharmacy may issue an emergency rule revoking the exemption for
the product pending a full hearing.
N/A
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
109
PENNSYLVANIA
Pa. Stat. Ann. tit.18, § 6316 and Pa. Stat. Ann. tit.35, §§ 780-102 and
780-113.6.
Any product containing ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers, or salts of isomers.
Neither substance is scheduled.
If no valid prescription, purchaser must produce identification.
Retailers.
Must be maintained behind the counter or in a locked case where the
customer does not have direct access.
None, other than the daily limit.
Three and six-tenths (3.6) grams.
Nine grams.
Not addressed by state law.
Must present a valid government-issued, photo identification or other
document considered acceptable under federal law at the point of sale.
Not addressed by state law.
None.
 A retail seller must maintain a logbook.
 Before completing a sale, the retailer must electronically submit the
required information to the real-time stop sale system provided that
the system is available without a charge for retailers to access.
 If the retailer experiences mechanical or electronic failure of the
electronic sales tracking system and is unable to comply with the
electronic sales tracking requirement, it must maintain a written log
or an alternative electronic recordkeeping mechanism until such
time as the retailer is able to comply with the electronic sales
tracking requirement.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
PENNSYLVANIA
Sales tracking
system
(continued)
Information
recorded in
tracking system
Offenses
110
 The vendor of the real-time stop-sale system must forward state
transaction records weekly and provide real-time access to the stopsale system information through the system’s online portal to law
enforcement in the Commonwealth.
 The real-time stop-sale vendor must ensure that the stop-sale system
is be capable of generating a stop-sale alert, which shall be a
notification that completion of the sale would result in the retailer or
purchaser violating the quantity limits, and the retailer must not
complete the sale if the electronic system generates a stop-sale alert.
However, the system must contain an override function if the
retailer has a reasonable fear of imminent bodily harm if it does not
complete a sale. Each instance in which the override function is
used shall be logged in the system.
 Records of transactions involving products containing ephedrine,
pseudoephedrine, or phenylpropanolamine are subject to inspection
by the Board and law enforcement agencies. A person required to
make or maintain records of transactions involving products
containing ephedrine, pseudoephedrine or phenylpropanolamine
must forward the records to the Department of State Police if
directed to do so.
In the logbook, the retail seller must record: (1) the purchaser’s name
and address; (2) the name and quantity of the product purchased; (3)
the date and time of purchase; and (4) the purchaser’s identification
type and number. The seller must also require the purchaser to sign the
logbook.
 It is an affirmative defense to a charge of possessing a controlled
substance by unlawfully possessing pseudoephedrine that the
person: (1) obtained pseudoephedrine lawfully; (2) possessed no
more than six grams of pseudoephedrine, the salts, isomers or its
salts of isomers; and (3) possessed the pseudoephedrine under
circumstances that are consistent with typical medicinal or
household use.
 Failure to forward records required to make or maintain records of
transactions involving products containing ephedrine,
pseudoephedrine, or phenylpropanolamine is a Class A
misdemeanor.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
PENNSYLVANIA
Offenses
(continued)
Suspicious order
reporting
Exceptions
Other
requirements
111
 A person commits a summary offense (a fine of not less than $250
nor more than $500 for the first violation and a fine of $500 for each
subsequent violation) if he or she knowingly sells or purchases, with
the intent to sell ephedrine, a salt of ephedrine, an optical isomer of
ephedrine or a salt of an optical isomer of ephedrine. to a person
who is less than 18 years of age, unless: (1) it may lawfully be sold
over the counter without a prescription under the Federal Food,
Drug, and Cosmetic Act; (2) is labeled and marketed in a manner
consistent with the pertinent OTC Tentative Final or Final
Monograph; (3) is manufactured and distributed for legitimate
medicinal use in a manner that reduces or eliminates the likelihood
of abuse; (4) and is in (a) solid oral dosage forms, including soft
gelatin caplets; or (b) liquid oral dosage forms that combine active
ingredients.
 The knowing possession of ephedrine, pseudoephedrine, or
phenylpropanolamine, or any of their salts, optical isomers or salts
of optical isomers with the intent to manufacture methamphetamine
is a misdemeanor punishable by imprisonment not to exceed six
months, or paying a fine not to exceed 10,000, or both. Upon a
second conviction, an offender must be sentenced to two years
imprisonment, or pay a fine not to exceed $25,000, or both.
Not addressed by state law.
 The sales restrictions do not apply to a person who obtains the
product pursuant to a valid prescription.
 It is not unlawful to possess or distribute products that the Board
exempts by rule because the product is formulated to effectively
prevent conversion of the active ingredient into methamphetamine
or its salts or precursors.
 Absent negligence, wantonness, recklessness or deliberate
misconduct, any retailer using the electronic sales tracking system
must not be civilly liable as a result of any act or omission in
carrying out the duties of the statute and will be immune from
liability to any third party unless the retailer has violated any
provision of this subsection in relation to a claim brought for such
violation.
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
112
RHODE ISLAND
No state-level statutes or regulations. Only federal law applies.
N/A
Neither substance is scheduled.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
113
SOUTH CAROLINA
S.C. Code Ann. §§ 23-3-1200, 44-53-365 and 44-53-398.
S.C. Admin. Code. 61-4.404.
Any product containing ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers, or salts of isomers.
Neither substance is scheduled.
If no valid prescription, purchaser must produce identification.
A retail distributor, including a pharmacy.
The retailer must ensure that such products whose sole active
ingredient is ephedrine, pseudoephedrine, or phenylpropanolamine are
not offered for retail sale by self-service but only from behind a counter
or other barrier so that such products are not directly accessible by the
public but only by an employee or agent of the retailer.
None other than the daily limit.
Three and six-tenths (3.6) grams.
Nine grams.
Not addressed by state law.
A government-issued photo identification showing the date of birth of
the person.
Not addressed by state law.
Products whose sole active ingredient is ephedrine, pseudoephedrine,
or phenylpropanolamine project must only be offered for retail sale if
sold in blister packaging.
 The purchaser must sign an electronic log, and the retailer must
determine that the name entered in the log corresponds to the name
on the identification and that the date and time entered are correct
and must enter in the log the name of the product and the quantity
sold. The retailer must ensure that the product is delivered directly
into the custody of that purchaser. The log must include a notice to
purchasers that entering false statements or misrepresentations in the
log may subject the purchaser to criminal penalties.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
SOUTH CAROLINA
Sales tracking
system
(continued)
114
 Before completing a sale of a product, the retailer must
electronically transmit the information entered in the log to a data
collection system provided by NADDI or a successor or similar
entity. The system must collect this data in real time and generate a
stop sale alert if the sale would result in a quantity restriction. If the
retailer receives a stop sale alert, the retailer must not complete the
sale unless the retailer, upon notifying the purchaser the sale cannot
be completed, reasonably fears bodily harm if he denies the sale due
to the stop sale alert.
 A regulated product may not be sold without being reported to the
data collection system unless the system is experiencing temporary
technical difficulties that prevent a retailer from reporting the
information to the system, and in that case, the retailer must enter
the necessary information in a written log, which must subsequently
be entered into the electronic log within three business days of each
business day that the electronic log was not operational. A retailer
using a written log under these circumstances is immune from
liability during the time the system is temporarily disabled.
 Any information entered in the electronic log that is retained by a
retailer, or information maintained by a retailer is confidential and
not a public record. A retailer or an employee or agent of a retailer
who in good faith releases information in a log to federal, state, or
local law enforcement authorities is immune from civil liability for
the release unless the release constitutes gross negligence or
intentional, wanton, or willful misrepresentation.
 The State Law Enforcement Division (“SLED”) is the statewide,
central repository for log information submitted electronically in
real time to the data collection system and transferred to SLED in
order to monitor the sales and purchases of nonprescription products
containing ephedrine, pseudoephedrine, or phenylpropanolamine.
SLED must maintain the information received from the data
collection system in its electronic monitoring system.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
SOUTH CAROLINA
115
Sales tracking
system
(continued)
 The data collection system upon which SLED’s electronic
monitoring system is based must have the capability to: (1) calculate
state and federal sales and purchase limitations for ephedrine,
pseudoephedrine, and phenylpropanolamine; (2) match similar
purchaser identification information; (3) alert retailers of potential
illegal sales and purchases; (4) allow a retailer to override an alert of
a potential illegal sale or purchase; (5) receive ephedrine,
pseudoephedrine, and phenylpropanolamine sales data from retailers
in the format in which the data was submitted so that retailers are
not required to use any one particular vendor’s product to comply
with the statute; and (6) interface with existing and future
operational systems used by pharmacies at no cost to these
pharmacies.
 The data transmitted to the data collection system must be recorded
in real time and the storage of the data must be housed by an IT
company operating under strict security standards that only may be
accessed by local, state, or federal law enforcement authorized by
SLED.
 The information in SLED’s electronic monitoring system is
confidential and not a public record. SLED may only provide
access to information maintained in the monitoring system to: (1) a
local, state, or federal law enforcement official, a state attorney, or a
United States attorney; (2) a local, state, or federal official who
requests access to the monitoring system for the purpose of
facilitating a product recall necessary for the protection of the public
health and safety; and (3) the Board of Pharmacy for the purpose of
investigating misconduct or a suspicious transaction committed by a
retailer, a pharmacist, or an employee or agent of a pharmacy.
Information
recorded in
tracking system
 The electronic log must show: (1) the date and time of the
transaction; (2) the purchaser’s name and address; (3) the type of
issuing governmental entity (4) the identification number of the
identification; (5) the name of the project; (6) the quantity of the
product sold; and (7) the amount of the compound, mixture, or
preparation.
 A retailer who maintains a written log pursuant must retain the
written log for two years after which the log may be destroyed. The
log must be made available for inspection within 24 hours of a
request made by a local, state, or federal law enforcement officer.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
SOUTH CAROLINA
Offenses
116
 It is unlawful for any person to possess, have under his or her
control, manufacture, deliver, distribute, dispense, administer,
purchase, sell, or possess with intent to distribute, any substance
containing any amount of ephedrine, pseudoephedrine, or
phenylpropanolamine or any of their salts, optical isomers, or salts
of optical isomers which have been altered from their original
condition so as to be powdered, liquefied, dissolved, solvated, or
crushed.
 It is unlawful for a person to enter false statements or
misrepresentations in the sales tracking log.
 A retailer convicted for exceeding sales limitations is guilty of a
misdemeanor and, upon conviction for a first offense, must be fined
not more than $5,000 and, upon conviction for a second or
subsequent offense, must be fined not more than $10,000.
 A retailer convicted of purchasing a product from an entity that is
not registered by the DEA is guilty of a misdemeanor and, upon
conviction for a first offense, must be imprisoned not more than one
year or fined not more than $1,000, or both. Upon conviction for a
second or subsequent offense, the retailer must be imprisoned not
more than three years or fined not more than $5,000, or both.
 A retailer convicted of not checking identification or not having a
sales log system is guilty of a misdemeanor and, upon conviction for
a first offense, must be fined between $500 and $1,000. Upon
conviction for a second offense, a retailer must be fined between
$1,000 and $5,000. Upon conviction for a third or subsequent
offense, it must be fined between $5,000 and $10,000.
 A person convicted of purchasing or possessing more than the
allotted amount of ephedrine or pseudoephedrine is guilty of a
felony and, upon conviction for a first offense, must be imprisoned
not more than five years and fined not more than $5,000. The court,
upon approval from the solicitor, may request as part of the
sentence, that the offender enter and successfully complete a drug
treatment program. For a second or subsequent offense, the offender
is guilty of a felony and, upon conviction, must be imprisoned not
more than ten years or fined not less than $10,000.
 A person convicted of a entering false statements or
misrepresentations in the sales log, upon conviction for a first
offense, is guilty of a misdemeanor and must be fined not more than
$1,000, and, upon conviction for a second or subsequent offense, is
guilty of a felony and must be fined not more than $5,000.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
SOUTH CAROLINA
Offenses
(continued)
Suspicious order
reporting
Exceptions
117
 It is an affirmative defense to a violation of subsection selling the
products in non-blister packs, purchasing the products from an
entity that is not registered with the DEA, or not checking
identification if a retailer provided the training, maintained records,
and obtained employee and agent statements of agreement for all
employees and agents at the retail location where the violation
occurred and at the time the violation occurred.
 It is an affirmative defense to completing a sale following receipt of
a stop sale alert if the retailer, upon notifying the purchaser the sale
cannot be completed, reasonably fears bodily harm if he denies the
sale due to the stop sale alert.
 It is unlawful for a person to take or exercise control over ephedrine,
pseudoephedrine, or phenylpropanolamine belonging to another
person or entity with the intent to deprive the person or entity of the
controlled substance, the immediate precursor, or ephedrine,
pseudoephedrine, or phenylpropanolamine. Someone who
knowingly and intentionally does so: (1) for a first offense, is guilty
of a felony and, upon conviction, must be imprisoned for not more
than five years or fined not more than $5,000, or both; and (2) for a
second or subsequent violation, is guilty of a felony and, upon
conviction, must be imprisoned for not more than ten years or fined
not more than $10,000, or both.
The retailer must design and operate a system to alert the retailer of
suspicious orders of controlled substances and must inform the Bureau
of Drug Control of suspicious orders when discovered by the registrant.
Suspicious orders include orders of unusual size, orders deviating
substantially from a normal pattern, and orders of unusual frequency.
 Sales restrictions do not apply to a person who has a valid
prescription for the product.
 Sales restrictions do not apply to: (1) pediatric products labeled
pursuant to federal regulation as primarily intended for
administration to children under 12 according to label instructions;
(2) products that the Board of Pharmacy, upon application of a
manufacturer, exempts because the product is formulated in such a
way as to effectively prevent the conversion of the active ingredient
into methamphetamine or its salts or precursors; and (3) a purchase
of a single sales package containing not more than 60 milligrams of
pseudoephedrine.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
SOUTH CAROLINA
118
Exceptions
(continued)
 A retailer that only sells single dose packages of nonprescription
ephedrine, pseudoephedrine, or phenylpropanolamine; and a
pharmacy that does not have a compatible point of sale system are
exempt from the electronic log requirements but must maintain a
written log containing the information required to be entered in the
electronic log.
Other
requirements
 A retailer must provide training on sales requirements to all agents
and employees who are responsible for delivering the products into
the custody of purchasers or who deal directly with purchasers by
obtaining payments for the products. A retailer must obtain a signed,
written agreement from each employee or agent that the employee
or agent agrees to comply with the sales requirements. The retailer
must maintain records demonstrating that the employees and agents
have been provided this training and the documents executed by the
retailer’s employees and agents agreeing to comply.
 The sheriff or chief of police must monitor and determine if
retailers, other than licensed pharmacies, are in compliance with the
provisions of this section by ensuring that a retailer: (1) is entering
all sales of a product in an electronic log; and (2) if not maintaining
an electronic log, is exempt and is continuing to maintain the written
log.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
119
SOUTH DAKOTA
S.D. Codified. Laws §§ 34-20D-1, 34-20D-2, 34-20D-3, 34-20D-5,
34-20D-6, 34-20D-8, 34-20D-8.1, 34-20D-9, 34-20D-10, 34-20D-12.
Any products containing pseudoephedrine, ephedrine, or
phenylpropanolamine.
Neither substance is scheduled.
If no valid prescription, purchaser must produce identification.
Any retailer who sells merchandise at retail and from whom original
packages of nonprescription drugs are sold or taken to be sold at retail
and who is licensed by the state board of pharmacy to sell
nonprescription drugs.
Any product containing pseudoephedrine or ephedrine as an active
ingredient must be sold behind a counter where the public is not
permitted or in a locked case so that a customer wanting access to the
package must ask a store employee for assistance. The retailer may
display or offer for sale without restriction a product containing
pseudoephedrine or ephedrine as an active ingredient if the product is
displayed using any type of anti-theft device system including an
electronic anti-theft device system that utilizes a product tag and
detection alarm which prevents the theft of the product.
Two packages containing pseudoephedrine or ephedrine as an active
ingredient.
None, other than the single transaction limit.
Nine grams.
Not addressed by state law.
Before a sale is made a purchaser must show a document issued by a
governmental agency that contains a description of the person or a
photograph of the person, and gives the person’s date of birth, such as a
tribal identification card, driver license, state-issued identification card,
passport, or military identification card.
Not addressed by state law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Additional
restrictions on
sales
120
SOUTH DAKOTA
A retailer must post notice at the location where a product containing
pseudoephedrine or ephedrine as an active ingredient is displayed or
offered for sale stating: “South Dakota law prohibits the sale or
purchase of more than two packages containing pseudoephedrine or
ephedrine as an active ingredient unless sold or purchased with a valid
prescription drug order prescribed by a practitioner as defined in § 3611-2 with appropriate authority.”
Sales tracking
system
 The retailer must electronically submit the record of identification,
into the electronic record-keeping system prior to completing the
sale of a product containing pseudoephedrine, ephedrine, or
phenylpropanolamine unless a waiver has been granted.
 If a waiver is granted, the retailer must submit written records to the
Office of the Attorney General no later than the fifth day of every
month. The attorney general may grant a retailer a waiver if the
retailer demonstrates that the electronic reporting will cause the
retailer an undue economic hardship or that the retailer does not
have the technological ability to report electronically. If a waiver is
granted, the retailer shall disclose the record, upon request, to a law
enforcement agency for a law enforcement purpose.
 If the sale generates a stop-sale alert, the seller may not complete the
sale unless the seller has a reasonable fear of imminent bodily harm
if he or she does not complete the sale. The electronic recordkeeping system must contain an override function to the stop-sale
alert for the seller to use in a situation in which a reasonable fear of
imminent bodily harm is present.
Information
recorded in
tracking system
 Information recorded in the electronic system includes: (1)
purchaser’s name, date of birth and address; (2) the product name,
the quantity sold, the date and time of the sale; and (3) unique
identification number relating to the electronic record.
 A retailer must record the type of identification of the person
purchasing the product. The retailer must maintain the record of
identification required for two years, after which the record shall be
destroyed. No retailer may use or maintain the record for any private
or commercial purpose or disclose the record to any person, except
as authorized by law.
Offenses
 Any retailer or any employee of a retailer who sells more than two
packages containing pseudoephedrine or ephedrine is guilty of a
Class 1 misdemeanor.
Offenses
(continued)
 Possession of more than nine grams of a drug product containing
more than nine grams of ephedrine base, pseudoephedrine base, or
phenylpropanolamine base constitutes a rebuttable presumption of
the intent to use the product as a precursor to methamphetamine or
another controlled substance and is a Class 1 misdemeanor.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Suspicious order
reporting
Exceptions
Other
requirements
121
SOUTH DAKOTA
Not addressed by state law.
 Sales restrictions do not apply to a person who has a valid
prescription prescribed by a practitioner with appropriate authority.
 No employee or retailer is civilly liable to any injured person or the
person’s estate for any injury suffered, including any wrongful
death, or property damage suffered due to the sale of more than two
packages any pseudoephedrine or ephedrine product.
 Any retailer who, in good faith, releases information to a law
enforcement agency for a law enforcement purpose is immune from
civil liability for such release unless the release constitutes gross
negligence or intentional, wanton, or willful misconduct.
 The following persons may possess more than nine grams and with
these, there is no rebuttable presumption of the intent to use the
product as a precursor to methamphetamine or another controlled
substance: (1) retail distributor of drug products; (2) wholesale drug
distributor, or its agents; (3) manufacturer of drug products, or its
agents; (4) pharmacist licensed by the Board of Pharmacy; or (5)
licensed health care professional possessing the drug products in the
course of carrying out the profession
The attorney general may grant other South Dakota law enforcement
agencies access to the electronic record-keeping system for the purpose
of investigating any violation regarding a pseudoephedrine or
ephedrine product.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
122
TENNESSEE
Tenn. Code Ann. §§ 39-17-402, 39-17-431, 39-17-433, 39-17-435,
39-17-436 and 53-10-312.
Ephedrine, pseudoephedrine or phenylpropanolamine, or their salts,
isomers or salts of isomers, or any drug or other product that contains a
detectable quantity of ephedrine, pseudoephedrine or
phenylpropanolamine, or their salts, isomers or salts of isomers.
Neither substance is scheduled.
If no valid prescription, purchaser must produce identification.
Pharmacies.
Products containing an immediate methamphetamine precursor must be
maintained behind-the-counter of the pharmacy or in a locked case
within view, and within 25 feet of the counter.
None, other than 30-day limit.
None, other than 30-day limit.
Five and seventy-six tenths (5.76) grams.
18.
Valid government issued photo identification at the point of sale.
 The Methamphetamine Registry (“Registry”), created by the
Tennessee Bureau of Investigation (“Bureau”), consists of the
person’s name, date of birth, offense or offenses requiring the
person’s inclusion on the registry, the conviction date and county of
those offenses. If available after reasonable inquiry, the clerk must
provide the Bureau with the person’s driver’s license number and
issuing state, or any other state or federal identification number, and
other identifying data as the bureau determines is necessary to
properly identify the convicted person and exclude innocent
persons. The Registry must not include the person’s social security
number, driver’s license number, or any other state or federal
identification number.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
TENNESSEE
123
Criminal history
of purchaser
(continued)
 The Registry will list people convicted of a violation of simple
possession involving substances listed in Schedule II involving any
quantity of methamphetamine, its salts, isomers, and salts of its
isomers which have a stimulant effect on the central nervous system.
 The court clerks must forward a copy of the judgment and date of
birth of all persons who are convicted of a violations listed above to
the Bureau within 45 days of the date of judgment.
 The Bureau must remove from the registry the name and other
identifying information of persons who are convicted of a violation
of the listed offenses ten years after the date of the most recent
conviction.
 Any person convicted of an offense or offenses for which placement
on the drug offender registry is required is prohibited from
purchasing a nonexempt product containing any immediate
methamphetamine precursor for the entire period the person is
required to be on the registry.
Additional
restrictions on
sales
 Unlawful to purchase products containing ephedrine or
pseudoephedrine base, or their salts, isomers or salts of isomers in
an amount more than 28.8 grams in any one-year period.
 Pharmacist or pharmacy intern may decline the sale if he or she
believes the sale is not for a legitimate medical purpose.
Sales tracking
system
 The pharmacist, pharmacy technician, or pharmacy intern must
maintain an electronic record of the sale and the record may be
maintained in the form of a pharmacist prescription order.
 The electronic record must be maintained in a manner that allows
for the determination of the equivalent number of packages
purchased and total quantity of base ephedrine or pseudoephedrine
purchased.
 Each pharmacy must have in place and operational all equipment
necessary to access and use NPLEx administered by NADDI.
 Before completing a sale of an over-the-counter product containing
pseudoephedrine or ephedrine not otherwise excluded from the
record keeping requirement, a pharmacy must electronically submit
the required information to NPLEx administered by NADDI. On
learning of a data entry error in which a transaction was submitted
to NPLEx when it should not have been, the pharmacy shall submit
a data entry error correction to NPLEx to remedy the error and
prevent an inappropriate stop sale alert from being generated for a
person who may seek to purchase an over-the-counter product
containing pseudoephedrine or ephedrine. The seller shall not
complete the sale if the system generates a stop sale alert.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
TENNESSEE
124
Sales tracking
system
(continued)
 If, for any reason, the NPLEx administered by NADDI is no longer
the system used in this state to track the sale of methamphetamine
precursors, whether because the system no longer functions, is no
longer in existence, is no longer offered to the state without cost, or
is otherwise no longer available, each pharmacy must switch to and
commence using the Tennessee Methamphetamine Information
System (“TMIS”), as soon as the equipment necessary to access and
use the system is made available at no charge to the pharmacy.
TMIS must be available for access and use free of charge to the
pharmacies.
 If a pharmacy selling an OTC product containing pseudoephedrine
or ephedrine or experiences mechanical or electronic failure of the
tracking system and is unable to comply with the electronic sales
tracking requirement, the pharmacy or retail establishment must
maintain a written log until such time as the pharmacy or retail
establishment is able to comply with the electronic sales tracking
requirement.
 All data that is collected from Tennessee pharmacies and stored in
the NPLEx must be downloaded and exported by electronic means
to TMIS at least every 24 hours. This export of data will be in a
version in compliance with the National Information Exchange
Standard and agreed to by both the Bureau and NADDI. The export
must be executed without a charge to TMIS or any agency of the
state. TMIS will have the authority to control, administer, and
disseminate, at its discretion, this transaction data for the purpose of
enforcing federal and state laws. In addition to the exporting of data
to TMIS, real time access to NPLEx information through the
NPLEx online portal must be provided to law enforcement in the
state free of charge.
 NPLEx must generate a stop sale alert, if completion of a sale would
result in the seller or purchaser violating the specified quantity
limits. The system must contain an override function that may be
used by a dispenser of ephedrine or pseudoephedrine who has a
reasonable fear of imminent bodily harm if the sale is not
completed. Each instance in which the override function is utilized
must be logged by the system.
Information
recorded in
tracking system
 The electronic record must include: (1) the name and address of
purchaser; (2) name and quantity of product purchased; (3) date and
time purchased; (4) purchaser identification type and number, such
as driver license state and number; (4) and the identity, such as
name, initials or identification code, of the dispensing pharmacist or
pharmacy intern.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
TENNESSEE
Information
recorded in
tracking system
(continued)
Offenses
125
 If a system is not able to record the identification type and number,
the pharmacist, pharmacy technician, or pharmacy intern must write
the identification type and number on the prescription order.
 Violations of sales limits, sales restrictions, identification,
recordkeeping, and product placement are Class A misdemeanors,
punishable by fine only. If a licensed pharmacy or pharmacist is
invitation, the violation must be reported to the Tennessee Board of
Pharmacy (“Board”) for review and appropriate action.
 If pseudoephedrine or ephedrine products that are not exempt from
the law are dispensed in violation of the sales restrictions, the owner
or operator of the wholesale or retail establishment dispensing the
product is guilty of a Class A misdemeanor.
 Any person who sells or delivers a nonexempt substance to a person
known to be on the methamphetamine registry commits a Class A
misdemeanor.
 Any person who purchases or attempts to purchase a nonexempt
substance while such person is on the methamphetamine registry
commits a Class A misdemeanor.
 It is an offense for a person not authorized to do so to knowingly
engage in any of the following conduct with respect to a product
containing an immediate methamphetamine precursor and required
to be maintained behind-the-counter of the pharmacy: (1) attempt to
sell the product knowing that it will be used to produce
methamphetamine, or with reckless disregard of its intended use; (2)
attempt to purchase the product with the intent to manufacture
methamphetamine or deliver the product to another person whom
they know intends to manufacture methamphetamine, or with
reckless disregard of the other person’s intent; (3) purchase the
product at different times or locations for the purpose of
circumventing the maximum allowable quantity of the product that
may lawfully be purchased during a 30-day or one-year period; or
(4) use a false identification to purchase the product for the purpose
of circumventing the maximum allowable quantity of the product
that may lawfully be purchased during a 30-day or one-year period.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
TENNESSEE
Offenses
(continued)
Suspicious order
reporting
Exceptions
126
 It is an offense for a person to promote methamphetamine
manufacture by: (1) selling, purchasing, acquiring, or delivering any
chemical, drug, ingredient, or apparatus that can be used to produce
methamphetamine, knowing that it will be used to produce
methamphetamine, or with reckless disregard of its intended use; (2)
purchasing or possessing more than nine grams of an immediate
methamphetamine precursor with the intent to manufacture
methamphetamine or deliver the precursor to another person whom
they know intends to manufacture methamphetamine, or with
reckless disregard of the person’s intent; or (3) permitting a person
to use any structure or real property that the defendant owns or has
control of, knowing that the person intends to use the structure to
manufacture methamphetamine, or with reckless disregard of the
person’s intent.
 Possession of more than 15 grams of an immediate
methamphetamine precursor is prima facie evidence of intent to
promote methamphetamine manufacture, but does not apply to
persons or entities that lawfully possess drug products in the course
of legitimate business activities (e.g., a pharmacy or pharmacist
licensed by the Board, a wholesale drug distributor, or its agents,
licensed by the Board, a manufacturer of drug products, or its
agents, licensed by the Board, or a licensed health care professional
possessing the drug products in the course of carrying out the health
care provider’s profession.)
 A person who knowingly initiates a process intended to result in the
manufacture of any amount of methamphetamine (i.e., begins the
extraction of an immediate methamphetamine precursor from a
commercial product, to begin the active modification of a
commercial product for use in methamphetamine creation, or to heat
or combine any substance or substances that can be used in
methamphetamine creation) is guilty of a Class B felony.
A wholesaler must design and operate a system to alert itself of
suspicious orders of controlled substances and must inform the Bureau
of Drug Control of suspicious orders when discovered by the registrant.
Suspicious orders include orders of unusual size, orders deviating
substantially from a normal pattern, and orders of unusual frequency.
 Sales restrictions do not apply to a person who has a valid
prescription issued by a licensed health care practitioner authorized
to prescribe by the laws of the state.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
TENNESSEE
127
Exceptions
(continued)
 Products or a category of products that contains any immediate
methamphetamine precursor are be exempt from the sales
restrictions if the ingredients are not in a form that can be used in
the manufacture of methamphetamine. The Board, in consultation
with the Bureau, must determine whether a product or category of
products that contain any immediate methamphetamine precursor is
not in a form that can be used in the manufacture of
methamphetamine. In making such a determination, the Board must
solicit the written opinion of the Bureau and work with the Bureau
to develop such procedures. The Board must maintain a public list
of the exempted products or categories of products.
 A pharmacy selling an OTC product containing pseudoephedrine or
ephedrine may seek an exemption from submitting transactions to
the electronic sales tracking system in writing to the Board stating
the reasons therefore. The Board may grant an exemption for good
cause shown, but in no event shall such exemption exceed 180 days.
Any pharmacy or retail establishment that receives an exemption
must maintain a hardcopy logbook and must still require the
purchaser to provide the required information before completion of
any sale. The logbook must be maintained as a record of each sale
for inspection by any law enforcement officer or inspector of the
Board during normal business hours.
Other
requirements
 Absent negligence, wantonness, recklessness, or deliberate
misconduct, any pharmacy utilizing the electronic sales tracking
system will not be civilly liable as a result of any act or omission in
carrying out the duties required and will be immune from liability to
any third party unless the retailer has violated the law.
 The data entered into, stored and maintained by the NPLEx may
only be used by law enforcement officials, healthcare professionals
and pharmacists and only for controlling the sale of
methamphetamine precursors.
 All proceeds from fines imposed pursuant to circumvent the sales
restrictions in order to produce methamphetamine must be used by
the jurisdiction making the arrest for methamphetamine clean-up
activities in that jurisdiction.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
128
TEXAS
Tex. Health & Safety Code §§ 431.022, 481.077, 481.0771, 486.001,
486.002, and 486.011 to 486.033.
Tex. Admin. Code tit. 25 §§ 230.11 to 230.18; and Tex. Admin. Code
tit. 37 §§ 13.101 and 13.112.
Ephedrine, pseudoephedrine, and norpseudoephedrine mean any
compound, mixture, or preparation containing any detectable amount
of that substance, including its salts, optical isomers, and salts of
optical isomers. This does not include any compound, mixture, or
preparation that is in liquid, liquid capsule, or liquid gel capsule form.
Neither substance is scheduled.
If no valid prescription, purchaser must produce identification.
 A business establishment that operates a pharmacy licensed by the
Texas State Board of Pharmacy “(Board”) may engage in OTC sales
of ephedrine, pseudoephedrine, and norpseudoephedrine.
 A business establishment that does not operate a pharmacy licensed
by the Board may engage in OTC sales of ephedrine,
pseudoephedrine, or norpseudoephedrine only if the establishment
holds a certificate of authority that may be issued to engage in overthe-counter sales of ephedrine, pseudoephedrine, and
norpseudoephedrine to a business establishment that does not
operate a pharmacy licensed by the Board if the establishment: (1)
applies to the department for the certificate in accordance with
department rule; and (2) complies with the requirements established
by the department for issuance of a certificate. A certificate of
authority may be issued if the establishment: (1) complies with the
requirements of the Board for the issuance of a license to operate a
pharmacy; (2) sells a wide variety of healthcare products; and (3)
employs sales techniques and other measures designed to deter the
theft of products containing ephedrine, pseudoephedrine, or
norpseudoephedrine and other items used in the manufacture of
methamphetamine.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
TEXAS
Individuals and
businesses allowed
to sell to public
(continued)
 In order to obtain a grant of authority to sell regulated products, a
person must submit an application for a certificate of authority for
each place of business on a form, or in an electronic format through
Texas Online. At a minimum the applicant must provide the
following: (1) the name, home address, and business address of the
applicant; (2) the type of entity, whether sole proprietor, partnership,
corporation, or other legal entity; (3) the registered or trade name
under which business is conducted; (4) the name, residential
address, and driver’s license number of the person responsible for
compliance with these rules at the place of business where regulated
products will be sold, as well as all corporate officers, and all
partners, if applicable; (5) the normal business hours of the place of
business; (6) the name(s), address(es), and contact person(s) of the
applicant’s wholesale distributor(s); (7) an indication of all health
care products, by type, sold at the place of business; (8) a list or
inventory, including brand name, of all regulated products the
applicant proposes to sell at the place of business; (9) a detailed
description of training provided to employees or other persons who
will have access to; conduct sales of; and/or prepare records of sales
of regulated products, including sales techniques and other measures
designed to deter theft of regulated products; and (10) written
procedures on how regulated products will be kept; whether behind
a sales counter, or in a locked display case within 30 feet and in the
direct line of sight of a sales counter continuously staffed by an
employee.
Location of
substances
 If the business establishment operates a pharmacy licensed by the
Board, it must maintain those products: (1) behind the pharmacy
counter; or (2) in a locked case within 30 feet and in a direct line of
sight from a pharmacy counter staffed by an employee of the
establishment.
 If the business establishment does not operate a pharmacy licensed
by the Board, it must maintain those products: (1) behind a sales
counter; or (2) in a locked case within 30 feet and in a direct line of
sight from a sales counter continuously staffed by an employee of
the establishment.
A business establishment may not sell to a person who makes over-thecounter purchases of one or more products containing ephedrine,
pseudoephedrine, or norpseudoephedrine.
Three and six-tenths (3.6) grams.
Nine grams.
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
129
16.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
130
TEXAS
Driver’s license or other form of government-issued identification
containing the person’s photograph and indicating that the person is 16
years of age or older.
The Texas Department of State Health Services (“Department”) may
deny a certificate of authority to an applicant if the applicant, or a
partner, or a corporate officer, or the person responsible for business
operations such as a manager, has been convicted of an offense related
to the manufacture or sale of illegal drugs or has been convicted of any
felony reasonably related to the certificate of authority requested.
A holder of a certificate of authority must document and implement
sales techniques and other measures designed to deter the theft of
regulated products and other products commonly used in the illicit
manufacture of methamphetamines. Written procedures must be
developed by the certificate holder to include: (1) security of regulated
products, including receiving at the business; storage in the stockroom
or other storage facility; and stocking of the sales counter or locked
display cabinet; (2) measures to ensure that employees and other staff
who have a criminal drug history do not have access to regulated
products; and (3) measures to ensure that regulated products cannot be
accessed without the assistance of an authorized employee.
 A wholesaler who sells, transfers, or otherwise furnishes a product
containing ephedrine, pseudoephedrine, or norpseudoephedrine to a
retailer must: (1) before delivering the product, obtain from the
retailer the retailer’s address, area code, and telephone number; and
(2) make an accurate and legible record of the transaction and
maintain the record for at least two years after the date of the
transaction.
 The wholesaler shall make all records available to the director
including: (1) the information listed above; (2) the amount of the
product containing ephedrine, pseudoephedrine, or
norpseudoephedrine delivered; and (3) any other information
required by the director.
 Before completing an OTC sale of a product containing ephedrine,
pseudoephedrine, or norpseudoephedrine, a business establishment
that engages in those sales must (1) require the purchaser to sign for
the purchase; (2) make a record of the sale; and (3) transmit the
record of sale to a real-time electronic logging system.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
TEXAS
131
Sales tracking
system
(continued)
 A business establishment may not complete an OTC sale of a
product containing ephedrine, pseudoephedrine, or
norpseudoephedrine if the real-time electronic logging system
returns a report that the completion of the sale would result in the
person obtaining an amount of ephedrine, pseudoephedrine,
norpseudoephedrine, or a combination of those substances greater
than the amount allowed regardless of whether all or some of the
products previously obtained by the buyer were sold at the
establishment or another business establishment.
 An employee of a business establishment may complete a prohibited
sale by using an override mechanism if the employee has a
reasonable fear of imminent bodily injury or death from the person
attempting to obtain ephedrine, pseudoephedrine, or
norpseudoephedrine.
 On request of the department of public safety, the administrators of
a real-time electronic logging system must make available to the
Department a copy of each record of an OTC sale of a product
containing ephedrine, pseudoephedrine, or norpseudoephedrine that
is submitted by a business establishment located in the state.
 If a business establishment that engages in OTC sales of a product
containing ephedrine, pseudoephedrine, or norpseudoephedrine
experiences a mechanical or electronic failure of the real-time
electronic logging system, the business must: (1) maintain a written
record or an electronic record made by any means; and (2) enter the
information in the real-time electronic logging system as soon as
practicable after the system becomes operational.
Information
recorded in
tracking system
 A business establishment that engages in sales must make a record
of the sale, which includes: (1) the name and date of birth of the
person making the purchase; (2) the address of the purchaser; (3) the
date and time of the purchase; (4) the type of identification
displayed by the person and the identification number; and (5) the
item and number of grams purchased.
 A business establishment must maintain each record made until at
least the second anniversary of the date the record is made, unless
the business establishment has used a real-time electronic logging
system for longer than two years. If so, the business must destroy
all paper records maintained unless the destruction is otherwise
prohibited by law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
TEXAS
Offenses
132
 If a person knowingly sells, transfers, or otherwise furnishes a
product containing ephedrine to a person 17 years of age or
younger, that person is guilty of a Class C misdemeanor unless it is
shown on the trial of the offense that the defendant has been
previously convicted of an offense under this section, in which event
the offense is a Class B misdemeanor and unless the actor is (1) a
practitioner or other health care provider licensed by the state who
has obtained, as required by law, consent to the treatment of the
person to whom the product is furnished; or (2) the parent, guardian,
or managing conservator of the person to whom the product is
furnished.
 The Department may impose an administrative penalty on a person
who violates the sales and reporting restrictions, and the amount of
the penalty may not exceed $1,000 for each violation, and each day
a violation continues or occurs is a separate violation for purposes of
imposing a penalty. The total amount of the penalty assessed for a
violation continuing or occurring on separate days may not exceed
$20,000.
 If the Department determines that a violation occurred, the
department must give written notice of the report by certified mail to
the violator, which must: (1) include a brief summary of the alleged
violation; (2) state the amount of the recommended penalty; and (3)
inform the person of the person’s right to a hearing on the
occurrence of the violation, the amount of the penalty, or both.
 Before the 21st day after the date the person receives the abovereferenced notice, the violator may, in writing: (1) accept the
determination and recommended penalty; or (2) make a request for a
hearing on the occurrence of the violation, the amount of the
penalty, or both. If the person accepts the determination and
recommended penalty or if the person fails to respond to the notice,
the department by order shall impose the penalty. If the violator
requests a hearing, the Department must refer the matter to the state
office of administrative hearings, which must promptly set a hearing
date, and the department must give written notice of the time and
place of the hearing to the person. An administrative law judge of
the state office of administrative hearings will conduct the hearing
and make findings of fact and conclusions of law and promptly issue
to the Department a written proposal for a decision about the
occurrence of the violation and the amount of a proposed penalty.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
TEXAS
Offenses
(continued)
Suspicious order
reporting
Exceptions
133
 Based on the findings of fact, conclusions of law, and proposal for a
decision, the department may: (1) find that a violation occurred and
impose a penalty; or (2) find that a violation did not occur. The
notice of the Department’s order must include a statement of the
right of the person to judicially review the order
 Before the 31st day after the date the order that imposes an
administrative penalty becomes final, the violator must: (1) pay the
penalty; or (2) file a petition for judicial review of the order
contesting the occurrence of the violation, the amount of the
penalty, or both.
 Within the above-referenced period, a person who files a petition for
judicial review may: (1) stay enforcement of the penalty; or (2)
request the court to stay enforcement of the penalty. If the person
does not pay the penalty and the enforcement of the penalty is not
stayed, the penalty may be collected by the attorney general who
may sue to collect it. If the court sustains the finding that a violation
occurred, the court may uphold or reduce the amount of the penalty
and order the person to pay the full or reduced amount of the
penalty. If the court does not sustain the finding that a violation
occurred, the court must order that a penalty is not owed.
 A wholesale distributor who, with reckless disregard for the duty to
report a suspicious order, fails to report it is be subject to
disciplinary action to include: (1) denial, suspension, or revocation
of any permit or registration issued by the Department; (2)
notification to the Department; and (3) notification to the United
States Drug Enforcement Administration.
Not later than ten business days after receipt of an order for a product
containing ephedrine, pseudoephedrine, or norpseudoephedrine that
requests delivery of a suspicious quantity of the product, a wholesaler
must submit to the director a “Report of Theft, Loss or Suspicious
Order of Precursor Chemical/Laboratory Apparatus” of the suspicious
order in accordance with Department rule.
 Sales restrictions do not apply to the sale of any product dispensed
or delivered by a pharmacist according to a prescription issued by a
practitioner for a valid medical purpose and in the course of
professional practice.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
TEXAS
134
Exceptions
(continued)
 A person who sells, transfers, or otherwise furnishes a chemical
precursor to another person does not need to make an accurate and
legible record of the transaction and maintain the record for at least
two years after the date of the transaction if the sale or transfer of
any compound, mixture, or preparation containing ephedrine,
pseudoephedrine, or norpseudoephedrine is in liquid, liquid capsule,
or liquid gel capsule form.
 On application by a business establishment that operates a pharmacy
and engages in OTC sales of products containing ephedrine,
pseudoephedrine, or norpseudoephedrine, the Texas State Board of
Pharmacy may grant that business establishment a temporary
exemption, not to exceed 180 days, from the requirement of using a
real-time electronic logging system.
 A business establishment granted a temporary exemption must keep
records of sales in the same manner required for a business
establishment that experiences a mechanical or electronic failure of
the real-time electronic logging system. An exemption granted
under this section does not relieve a business establishment of any
record-keeping duty.
Other
requirements
 A person is immune from liability for an act done or omission made
in compliance with the requirements of restrictions on sales or
transmission of sales information to a real-time electronic logging
system.
 A business establishment that engages in over-the-counter sales of a
product containing ephedrine, pseudoephedrine, or
norpseudoephedrine may disclose information entered or stored in a
real-time electronic logging system only to the United States Drug
Enforcement Administration and other federal, state, and local law
enforcement agencies. It may not use information entered or stored
in a real-time electronic logging system for any other purpose.
 A business establishment that engages in over-the-counter sales of a
product containing ephedrine, pseudoephedrine, or
norpseudoephedrine or an employee or agent of the business
establishment is not civilly liable for the release of information
entered or stored in a real-time electronic logging system unless the
release constitutes negligence, recklessness, or willful misconduct.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
135
UTAH
Utah Code Ann. §§ 58-37-2, 58-37c-3, 58-37c-7, 58-37c-20,
58-37c-20.5, and 58-82-102.
Any product, mixture, or preparation, or any combination of products
that contain ephedrine, pseudoephedrine, or phenylpropanolamine,
their salts or isomers, or salts of optical isomers, or a combination of
any of these substances.
Neither substance is scheduled.
If no valid prescription, purchaser must produce identification.
A retail distributor or a mobile retail vendor (a person or entity that
sells products at retail from a stand that is intended to be temporary, or
that is capable of being moved from one location to another, whether
the stand is located within or on the premises of a fixed facility or is
located on unimproved real estate).
 The products must be stored in an area not accessible to customers
prior to the sale, which area may include a locked cabinet to display
the product in an area accessible to customers, if the locked cabinet
may be opened only by the retail distributor or mobile retail vendor
or its employees.
 All non-liquid, scheduled chemical products must be stored a in
packaging containing blister packs, with each blister containing no
more than two dosage units.
60 milligrams.
Three and six-tenths (3.6) grams.
Nine grams.
Not addressed by state law.
A purchaser of the product must show photo identification issued by a
governmental agency that includes the purchaser’s date of birth.
Not addressed by state law.
Not addressed by state law.
Each retail distributor or mobile retail vendor must maintain an
electronic or written log that contains the information regarding each
person to whom a product is distributed or sold.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
UTAH
136
Information
recorded in
tracking system
 The electronic or written log must include the following
information, provided or written in the log by the purchaser: (1) the
purchaser’s name, address, and date of birth, as demonstrated by a
form of personal identification issued by the state or the federal
government and that provides an identifying photograph of the
person; (2) the date and time of the transaction; and (3) the
purchaser’s signature; and The following information must be
verified or written in by the retail distributor or the mobile retail
vendor: (1) verification of the identity of the purchaser as indicated
by the form of identification presented by the purchaser; (2)
verification that the date and time of the transaction as entered in the
log is correct; and (3) entry of the brand name and the quantity of
the product sold in the transaction.
 The log, or a prominently displayed sign, must contain the following
statement verbatim which must be visible to purchasers of product:
“WARNING: Section 1001 of Title 18, United States Code, states
that whoever, with respect to the information to be provided in this
log, knowingly and willfully falsifies, conceals, or covers up by any
trick, scheme, or device a material fact, or makes any materially
false, fictitious, or fraudulent statement or representation, or makes
or uses any false writing or document, knowing the same to contain
any materially false, fictitious, or fraudulent statement or entry, shall
be fined not more than $250,000 if an individual or $500,000 if an
organization, imprisoned for not more than five years, or both.”
 The retail distributor or the mobile retail vendor must maintain the
required recorded information in a log for not less than two years
from the most recent date contained in the log.
Offenses
 A person who possesses more than nine grams of ephedrine,
pseudoephedrine, or phenylpropanolamine, their salts, isomers, or
salts of isomers, or a combination of any of these substances is
guilty of a class A misdemeanor. However, it is an affirmative
defense to such a charge if he or she: (1) is a physician, pharmacist,
retail distributor, wholesaler, manufacturer, warehouseman, or
common carrier, or an agent of any of these persons and possesses
the substances in the regular course of lawful business activities; or
(2) possesses the substance pursuant to a valid prescription.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
UTAH
Offenses
(continued)
Suspicious order
reporting
Exceptions
Other
requirements
137
 It is unlawful for a person to engage in the distribution, sale, or
transfer, or in the purchase or obtaining of a controlled substance
precursor in a regulated transaction without being licensed or
excepted from licensure.
 A person who knowingly and intentionally uses, releases, publishes,
modifies or otherwise make available to any person or entity any
information in or obtained from a log maintained by a retail
distributor or a mobile retail vendor, unless excepted by law to do
so, is guilty of a class B misdemeanor.
 Anyone who purchases more than the specified threshold amounts is
guilty of a class B misdemeanor.
 A person who violates any subsection regarding limitations on retail
sales of ephedrine and pseudoephedrine is guilty of a class B
misdemeanor, a class A misdemeanor for a second or subsequent
violation.
Not addressed by state law.
 Sales restrictions do not apply to the sale of any product to a person
who has a valid prescription.
 Quantity restrictions do not apply to a physician, pharmacist,
veterinarian, retail distributor, wholesaler, manufacturer,
warehouseman, or common carrier, or any agent of these persons,
who possess the product in the regular course of lawful business
activities.
The retail distributor or its designee shall make information in the log
available only to: (1) federal, state, and local law enforcement
authorities engaged as a duty of their employment in enforcing laws
regulating controlled substances; and (2) an individual whose request
is for records in the log of that individual’s purchase or receipt of
product and who has provided evidence satisfactory to the retail
distributor that the individual is in fact the person regarding whom the
requested log entry is made.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
138
VERMONT
Vt. Stat. Ann. tit. 4, § 1102 and Vt. Stat. Ann. tit. 18, § 4234b.
Any drug product containing ephedrine base, pseudoephedrine base, or
phenylpropanolamine base or their isomers with the intent to use the
product as a precursor to manufacture methamphetamine or another
controlled substance.
Neither substance is scheduled.
If no valid prescription, purchaser must produce identification.
Retail establishments.
Maintained in a locked display case or behind the counter out of the
public’s reach.
None, other than the daily limit.
Three and six-tenths (3.6) grams.
Nine grams.
N/A
A current, valid, government-issued identification document.
Not addressed by state law.
Not addressed by state law.
 Retail establishments must use an electronic registry system to
record the sale of products under the law. The electronic registry
system must have the capacity to block a sale of nonprescription
drug products containing ephedrine base, pseudoephedrine base, or
phenylpropanolamine base that would result in a purchaser
exceeding the lawful daily or monthly amount.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
VERMONT
Sales tracking
system
(continued)
Information
recorded in
tracking system
139
 The system must contain an override function that may be used by
an agent of a retail establishment who is dispensing the drug product
and who has a reasonable fear of imminent bodily harm to his or her
person or to another person if the transaction is not completed. The
system must create a record of each use of the override mechanism.
This provision is repealed as of Sept. 30, 2016.
 The electronic registry system must free to the state, retail
establishments, and local law enforcement agencies.
 The electronic registry system must operate in real time to enable
communication among in-State users and users of similar systems in
neighboring states.
 The state must use the NPLEx online portal or its equivalent to host
Vermont’s electronic registry system.
 If the retail establishment experiences an electronic or mechanical
failure of the electronic registry system and is unable to comply with
the electronic recording requirement, the retail establishment must
maintain a written log or an alternative electronic record-keeping
mechanism until the retail establishment is able to fully comply.
 If the region of the state where the retail establishment is located
does not have broadband Internet access, the retail establishment
must maintain a written log or an alternative electronic recordkeeping mechanism until broadband Internet access becomes
accessible to that region and the retail establishment can comply
with the electronic registry system.
 A retail establishment must maintain all records of drug product
purchases for a minimum of two years.
 A retail establishment must display a sign at the register provided by
NPLEx or its equivalent to notify purchasers of drug products
containing ephedrine, pseudoephedrine, or phenylpropanolamine
base that: (1) the purchase of the drug product or products shall
result in the purchaser’s identity being listed on a national database;
and (2) the purchaser has the right to request the transaction number
for any purchase that was denied.
The retail establishment must record in the electronic registry system:
(1) the name and address of the purchaser; (2) the name of the drug
product and quantity of ephedrine, pseudoephedrine, and
phenylpropanolamine base sold in grams; (3) the date and time of
purchase; (4) the form of identification presented, the issuing
government entity, and the corresponding identification number; and
(5) the name of the person selling or furnishing the drug product.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
VERMONT
Offenses
Suspicious order
reporting
Exceptions
Other
requirements
140
 Anyone who knowingly and unlawfully possesses a drug product
containing ephedrine base, pseudoephedrine base, or
phenylpropanolamine base or their isomers with the intent to use the
product as a precursor to manufacture methamphetamine or another
controlled substance shall: (1) if the offense involves possession of
less than nine grams be imprisoned not more than one year or fined
not more than $2,000, or both; and (2) if the offense involves
possession of nine or more grams be imprisoned not more than five
years or fined not more than $100,000, or both.
 If a retail establishment knowingly completes a sale to a person if
the drug product or combination of drug products purchased would
surpass the total legal amount within a 24-hour or 30-day period, the
establishment (1) will be assessed a civil penalty of not more than
$100 for a first offense; and (2) a civil penalty of not more than
$500 for a second and subsequent violation.
Not addressed by state law.
Sales restrictions do not apply to the sale of any product to a person
who has a valid prescription.
Not addressed by state law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
141
VIRGINIA
Va. Code §§ 18.2-265.7 to 18.2-265.9, 18.2-265.14 to 18.2-265.16,
18.2-265.18, 54.1-3435 and 54.1-3435.01.
Any product containing ephedrine or related compounds.
The substance is not scheduled.
If no valid prescription, purchaser must produce identification.
Pharmacy or retail distributor.
Displayed for sale behind a store counter that is not accessible to
consumers or in a locked case that requires assistance by a store
employee for customer access.
None, other than the daily limit.
Three and six-tenths (3.6) grams.
Nine grams.
Not addressed by state law.
A photo identification issued by a government or an educational
institution.
Not addressed by state law.
Not addressed by state law.
 The pharmacy or retail distributor must maintain a written log or
electronic system unless exempt because the pharmacy or retail
distributor lacks broadband access or maintains a sales volume of
less than 72 grams of ephedrine or related compounds in a 30-day
period or is one of the eight entities listed in § 18.2-265.11 that is
not required to participate in the electronic system or maintain a
written log. Otherwise, the pharmacy or retail distributor must use
the electronic recordkeeping and monitoring system to report all
nonprescription sales of any product containing ephedrine or related
compounds.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
VIRGINIA
Sales tracking
system
(continued)
142
 The purchaser must sign the record acknowledging an
understanding of the applicable sales limit and that providing false
statements or misrepresentations may subject the purchaser to
criminal penalties under the United States Code.
 The pharmacy or retail distributor must maintain records of all sales
required to be entered into the electronic system or written log for a
period of two years from the date of the last entry.
 The Virginia Department of State Police (“Department”) must enter
into a memorandum of understanding with an appropriate entity to
establish the Commonwealth’s participation in a real-time electronic
recordkeeping and monitoring system for the sale of ephedrine or
related compounds, and the following must be included in the
memorandum of understanding: (1) a real-time electronic
recordkeeping and monitoring system, provided at no charge to the
Commonwealth or to participating pharmacies and retail
distributors. (2) That the system must provide, at no charge to
participating pharmacies and retail distributors, appropriate training,
24-hour online support, and a toll-free telephone help line that is
staffed 24 hours a day; (3) that the system must be able to
communicate in real time with similar systems operated in other
states and the District of Columbia and similar systems containing
information submitted by more than one state; (4) that the system
must comply with information exchange standards adopted by the
National Information Exchange Model; (5) That the system must
include a stop sales alert, which will be a notification that
completion of the sale would result in the seller or purchaser
violating the quantity limits when the salesperson has a reasonable
fear of imminent bodily harm if the sale is not completed, or in the
event of a mechanical or electronic interruption of the system, and
must record each instance in which the override function is utilized;
and (6) That the submitted data is retained within the system for at
least two years from the date of submission.
 The Department must provide a process for a pharmacy or retail
distributor to apply for, obtain, and periodically renew an exemption
from the requirement to report transactions to the electronic system
if the pharmacy or retail distributor lacks broadband access or
maintains a sales volume of less than 72 grams of ephedrine or
related compounds in a 30-day period.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
VIRGINIA
Sales tracking
system
(continued)
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
143
 The entity operating the system pursuant to the memorandum of
understanding with the department must not use or disclose the
information collected on behalf of the department from a pharmacy
or retail distributor for any purpose other than: (1) to ensure
compliance with the law or the federal Combat Methamphetamine
Epidemic Act of 2005; (2) to comply with the United States
government or a political subdivision thereof for law-enforcement
purposes pursuant to state or federal law; or (3) to facilitate a
product recall necessary to protect public health and safety.
 A pharmacy or retail distributor must report information in the
written log or electronic system to law-enforcement personnel upon
request, and any pharmacy or retail distributor that in good faith
releases such information to federal, state, or local law-enforcement
officers, or to any person acting on behalf of such officers, will be
immune from civil liability for the release, unless the release
constitutes gross negligence or intentional, wanton, or willful
misconduct.
The following information must be recorded: (1) purchaser’s: name,
address, birth date and signature; (2) the product name and quantity
sold; (3) the date and time of the transaction; the photo identification
number of the purchaser; (4) the type of identification presented; (5)
the government or educational institution of issuance; (6) the number
of packages purchased; (7) the total number of grams of ephedrine or
related compounds per package; (8) the name of the compound,
mixture, or preparation containing ephedrine or related compounds;
and (9) the signature of the purchaser or unique number connecting the
transaction to a paper signature maintained at the retail premises.
Anyone who willfully sells more than allowed by law, does not
properly display the drug products, or does not properly keep a record
of, and report, all sales is guilty of a Class 1 misdemeanor.
 A wholesale distributor (within or outside of the state) that ceases
distribution of Schedule II through V drugs to a pharmacy, licensed
physician dispenser, or licensed physician dispensing facility
located in the Commonwealth due to suspicious orders of controlled
substances must notify the Board of Pharmacy within five days of
the cessation.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
VIRGINIA
Suspicious order
reporting
(continued)
Exceptions
Other
requirements
144
 “Suspicious orders of controlled substances” means, relative to the
pharmacy’s, licensed physician dispenser’s, or licensed physician
dispensing facility’s order history and the order history of similarly
situated pharmacies, licensed physician dispensers, or licensed
physician dispensing facilities: (1) orders of unusual size: (2) orders
deviating substantially from a normal pattern; and (3) orders of
unusual frequency. Such a wholesale distributor will be immune
from civil liability for giving notice of suspicious orders unless the
notice was given in bad faith or with malicious intent.
Sales restrictions do not apply to the sale of any product to a person
who has a valid prescription.
None.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
145
WASHINGTON
Wash. Rev. Code §§ 69.43.030, 69.43.035, 69.43.105, 69.43.110,
69.43.130, 69.43.160, 69.43.165.
Wash. Admin. Code R. 246-889-050, 246-889-085, 246-889-090, 246889-095, 246-889-110, 246-889-115, 246-889-120.
Any product containing any detectable quantity of ephedrine,
pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or
salts of isomers.
Neither substance is scheduled.
If no valid prescription, purchaser must produce identification.
A pharmacy licensed by, or shopkeeper or itinerant vendor registered
with, the department of health, or an employee, a practitioner, or a
traditional Chinese herbal practitioner may not knowingly sell, transfer,
or otherwise furnish to any person a product at retail that he or she
knows to contain any detectable quantity of ephedrine,
pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or
salts of isomers, without first obtaining photo identification of the
person that shows the date of birth of the person.
Any product containing any detectable quantity of ephedrine,
pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or
salts of isomers, must be kept (1) behind a counter where the public is
not permitted, or (2) in a locked display case so that a customer
wanting access must ask an employee of the merchant for assistance.
None, other than the daily limit.
Three and six-tenths (3.6) grams.
Nine grams.
18.
Acceptable forms of identification are current foreign, federal, state, or
tribal government-issued identification which include the person’s
photograph, name, date of birth, signature, and physical description.
Not addressed by state law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Additional
restrictions on
sales
Sales tracking
system
146
WASHINGTON
To prevent violations of the law, every licensee and registrant who sells
at retail any products containing ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers, or salts of isomers, shall
do either or may do both of the following: (1) program scanners, cash
registers, or other electronic devices used to record sales in a manner
that will alert persons handling transactions to potential violations of
the law and/or prevent such violations; or (2) place one or more signs
on the premises to notify customers of the prohibitions of the law.
Such a sign may, but is not required to, conform to the language and
format prepared by the department of health to inform customers and
employees of the prohibitions.
 A pharmacy licensed by, or shopkeeper or itinerant vendor
registered with, the department of health selling a nonprescription
drug containing ephedrine, pseudoephedrine, phenylpropanolamine,
or their salts, isomers, or salts of isomers must require the purchaser
to electronically or manually sign a record of the transaction.
 A pharmacy licensed by, or shopkeeper or itinerant vendor
registered with, the department of health must, before completing a
sale, submit the required information to the electronic sales tracking
system, as long as such a system is available without cost to the
pharmacy, shopkeeper, or itinerant vendor for accessing the system.
The pharmacy, shopkeeper, or itinerant vendor may not complete
the sale if the system generates a stop sale alert, which must be a
notification that completion of the sale would result in the seller or
purchaser violating the specified quantity limits.
 Each retailer must enter and electronically transmit the following
information to the methamphetamine precursor tracking system
prior to completion of the transaction: (1) sale transaction
information including: (a) date and time of the intended purchase;
(b) product description; (c) quantity of product to be sold; B)
number of boxes per transaction; (2) purchaser’s information
including: (a) full name as it appears on the acceptable
identification; (b) date of birth; (c) the address as it appears on the
photo identification or the current address if the form of photo
identification used does not contain the purchaser’s address; (d)
form of photo identification presented by the purchaser, including
the issuing agency of the acceptable identification, and the
identification number appearing on the identification; (5) the
purchaser’s signature.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
WASHINGTON
Sales tracking
system
(continued)
147
 If the retailer is not able to secure an electronic signature, the retailer
shall maintain a hard copy of a signature logbook consisting of each
purchaser’s signature and the transaction number provided by the
methamphetamine precursor tracking system; (3) the full name or
initials of the individual conducting the transaction; and (4) other
information as required by the methamphetamine precursor tracking
system data base.
 The system must contain an override function for use by a dispenser
of ephedrine, pseudoephedrine, phenylpropanolamine, or their salts,
isomers, or salts of isomers, who has a reasonable fear of imminent
bodily harm. Each instance in which the override function is utilized
shall be logged by the system.
 If a pharmacy, shopkeeper, or itinerant vendor selling a
nonprescription drug containing ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers, or salts of isomers
experiences mechanical or electronic failure of the electronic sales
tracking system and is unable to comply with the electronic sales
tracking requirement, he or she must maintain a written log or an
alternative electronic recordkeeping mechanism until such time as
he or she is able to comply with the electronic sales tracking
requirement.
 A pharmacy, shopkeeper, or itinerant vendor selling a
nonprescription drug containing ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers, or salts of isomers
may seek an exemption from submitting transactions to the
electronic sales tracking system in writing to the pharmacy quality
assurance commission stating the reasons for the exemption. The
commission may grant an exemption for good cause shown, but in
no event will the granted exemption exceed 180 days.
 The commission may grant multiple exemptions for any pharmacy,
shopkeeper, or itinerant vendor if the good cause shown indicates
significant hardship for compliance with the tracking requirement. A
pharmacy, shopkeeper, or itinerant vendor that receives an
exemption must maintain a logbook in hardcopy form and must
require the purchaser to provide the information required under this
section before the completion of any sale. The logbook must be
maintained as a record of each sale for inspection by any law
enforcement officer or commission inspector during normal
business hours in accordance with any rules.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
WASHINGTON
148
Information
recorded in
tracking system
 The signed record must include: (1) the name and address of the
purchaser; (2) the date and time of the sale; (3) the name and initials
of the shopkeeper, itinerant vendor, pharmacist, pharmacy
technician, or employee conducting the transaction; (4) the name of
the product being sold; and (5) the total quantity in grams, of the
ephedrine, pseudoephedrine, phenylpropanolamine, or their salts,
isomers, or salts of isomers, being sold.
 Retail sales records of restricted products, electronic or written,
must be kept for a minimum of two years.
Offenses
 A violation of the sales and tracking restrictions is a gross
misdemeanor.
 Any person who does not report a suspicious transaction is guilty of
a gross misdemeanor.
Suspicious order
reporting
 Any manufacturer or wholesaler who sells, transfers, or otherwise
furnishes products containing ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers, or salts of isomers to
any person in a suspicious transaction must report the transaction in
writing to the pharmacy quality assurance commission. The
pharmacy quality assurance commission must then transmit to the
department of revenue a copy of each report of a suspicious
transaction.
 A manufacturer or wholesaler who sells, transfers, or furnishes a
product containing ephedrine, pseudoephedrine,
phenylpropanolamine, or their salts, isomers, or salts of isomers to
any licensee must report any suspicious transaction in writing to the
state board of pharmacy.
Exceptions
 Sales restrictions do not apply to the sale of any product to a person
who has a valid prescription.
 The pharmacy quality assurance commission, by rule, may exempt
products containing ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers, or salts of isomers, in
combination with another active ingredient from the requirements of
the law if they are found not to be used in the illegal manufacture of
methamphetamine or other controlled dangerous substances. A
manufacturer of a drug product may apply for removal of the
product from the requirements of the law if the product is
determined by the commission to have been formulated in such a
way as to effectively prevent the conversion of the active ingredient
into methamphetamine.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
WASHINGTON
149
Exceptions
(continued)
 The law does not apply: (1) to any product containing ephedrine,
pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or
salts of isomers that is not the only active ingredient and that is in
liquid, liquid capsule, or gel capsule form; (2) to the sale of a
product by a traditional Chinese herbal practitioner to a patient; (3)
when the details of the transaction are recorded in a pharmacy
profile individually identified with the recipient and maintained by a
licensed pharmacy; (4) to pediatric products primarily intended for
administration to children under 12, according to label instructions,
either in solid dosage form whose individual dosage units do not
exceed 15 milligrams of ephedrine, pseudoephedrine, or
phenylpropanolamine, or in liquid form whose recommended
dosage, according to label instructions, does not exceed 15
milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine
per five milliliters of liquid product; (5) to pediatric liquid products
primarily intended for administration to children under two for
which the recommended dosage does not exceed two milliliters and
the total package content does not exceed one fluid ounce; (6) to
products that the pharmacy quality assurance commission, upon
application of a manufacturer, exempts because the product has
been formulated in such a way as to effectively prevent the
conversion of the active ingredient into methamphetamine, or its
salts or precursors; or (7) to products, as packaged, that the
pharmacy quality assurance commission, upon application of a
manufacturer, exempts because the: (a) product meets the federal
definition of an ordinary over-the-counter pseudoephedrine product
as defined in the U.S. Code; (b) product is a salt, isomer, or salts of
isomers of pseudoephedrine and, as packaged, has a total weight of
more than three grams but the net weight of the pseudoephedrine
base is equal to or less than three grams; and (c) pharmacy quality
assurance commission determines that the value to the people of the
state of having the product, as packaged, available for sale to
consumers outweighs the danger, and the product, as packaged, has
not been used in the illegal manufacture of methamphetamine.
Other
requirements
 No pharmacy licensed by, or shopkeeper or itinerant vendor
registered with, the department of health, a practitioner, or a
traditional Chinese herbal practitioner may retaliate against any
employee that has made a good faith attempt to comply with the
requirements of this section by requesting that a customer present
photo identification, making a reasonable effort to determine the
customer’s age.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
WASHINGTON
Other
requirements
(continued)
150
 No pharmacy licensed by, or shopkeeper or itinerant vendor
registered with, the department of health, a practitioner, or a
traditional Chinese herbal practitioner is subject to prosecution if
they made a good faith attempt to comply with the requirements of
the law by requesting that a customer present photo identification,
making a reasonable effort to determine the customer’s age.
 The retail sales records are confidential and accessible by the board
of pharmacy and law enforcement agencies. Law enforcement may
access the retail sales records for criminal investigations when, at a
minimum, there is an articulated individualized suspicion of
criminal activity.
 Retail sales records must be destroyed in a manner that leaves the
record unidentifiable and non-retrievable.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
151
WEST VIRGINIA
W. Va. Code §§ 60A-2-212, 60A-10-4, 60A-10-5.
W. Va. Code of State Rules §§ 15-2-4, 15-11-1 to 15-11-3, 15-11-5 to
15-11-7.
Any compound, mixture or preparation containing as its single active
ingredient ephedrine, pseudoephedrine, or phenylpropanolamine, their
salts or optical isomers, or salts of optical isomers are a Schedule V
drug, except products which are for pediatric use primarily intended for
administration to children under the age of 12.
Pseudoephedrine is a Schedule V substance.
If no valid prescription, purchaser must produce identification.
In licensed pharmacies and retail establishments and by a pharmacist,
registered pharmacy intern, or registered pharmacy technician.
 All drug products containing ephedrine, pseudoephedrine, or
phenylpropanolamine or other designated precursor must not be
displayed, offered for sale, or placed a where the public may freely
access the drug product and must be placed behind a pharmacy
counter where access is restricted to a pharmacist, a pharmacy
intern, a pharmacy technician or other pharmacy employee.
 All storage of these drug products must be in a controlled and
locked access location that is not accessible by the general public
and must maintain strict inventory control standards and complete
records of quantity of the product maintained in bulk form.
None, other than the daily limit.
Three and six-tenths (3.6) grams.
Seven and two-tenths (7.2) grams.
18.
Photo identification showing date of birth.
Not addressed by state law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
WEST VIRGINIA
152
Additional
restrictions on
sales
 Annual sales restriction of 48 grams.
 If a drug product containing ephedrine, pseudoephedrine, or
phenylpropanolamine or other designated precursor is transferred,
sold, or delivered, the individual, pharmacy or retail establishment
transferring, selling, or delivering the drug product must offer to
have a pharmacist provide patient counseling to the person
purchasing, receiving, or acquiring the drug product.
Sales tracking
system
 If a drug product containing ephedrine, pseudoephedrine, or
phenylpropanolamine or other designated precursor is transferred,
sold or delivered, the individual, pharmacy or retail establishment
transferring, selling or delivering the drug product must require the
person purchasing, receiving or otherwise acquiring the drug
product to sign a logbook, in either paper or electronic format. The
pharmacist, pharmacy intern, or pharmacy technician processing the
transaction must determine that the name entered in the logbook
corresponds to the name provided on the identification.
 A pharmacy or retail establishment must, before completing a sale,
electronically record required information to the Multi-State RealTime Tracking System (“MSRTTS”) administered by NADDI, as
long as the system is available to retailers in the state without a
charge for accessing the system.
 The electronic system must be capable of generating a stop-sale
alert, which shall be a notification that completion of the sale would
result in the seller or purchaser violating the quantity limits set forth
in this article. The seller may not complete the sale if the system
generates a stop-sale alert.
 The system must contain an override function that may be used by a
dispenser of a drug product who has a reasonable fear of imminent
bodily harm if he or she does not complete a sale. Each instance in
which the override function is utilized must be logged by the
system.
 If a pharmacy or retail establishment selling a nonprescription
product containing ephedrine, pseudoephedrine or
phenylpropanolamine experiences mechanical or electronic failure
of the MSRTTS and is unable to comply with the electronic sales
tracking requirement, the pharmacy or retail establishment must
maintain a written log or an alternative electronic record keeping
mechanism until such time as the pharmacy or retail establishment
is able to comply with the electronic sales tracking requirement.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
WEST VIRGINIA
153
Sales tracking
system
(continued)
 Absent negligence, wantonness, recklessness or deliberate
misconduct, any retailer utilizing the MSRTTS in accordance with
this subdivision may not be civilly liable as a result of any act or
omission in carrying out the duties required by this subdivision and
is immune from liability to any third party unless the retailer has
violated any provision of the law in relation to a claim brought for
the violation.
Information
recorded in
tracking system
 The date of the transaction; the name, address and driver’s license or
state-issued identification number of the person; and the name,
quantity of packages and total gram weight of the product or
products purchased, received, or otherwise acquired.
 All pharmacy log records of sales of Schedule V pseudoephedrine
products shall be kept for a minimum of five years from the date of
sale or distribution.
Offenses
 Any person who knowingly purchases, receives, or otherwise
possesses more than 7.2 grams, in a 30-day period, of ephedrine,
pseudoephedrine, or phenylpropanolamine in any form without a
prescription is guilty of a misdemeanor and, upon conviction, will
be confined for not more than one year, fined not more than $1,000,
or both.
 Any pharmacy, wholesaler or other entity operating the retail
establishment which sells, transfers or dispenses a product in
violation of the law is guilty of a misdemeanor and, upon
conviction, will be fined not more than $1,000 for the first offense
or more than $10,000 for each subsequent offense. Moreover, any
person convicted of a second or subsequent violation of the
provisions of said subdivision or a statute or ordinance of the United
States or another state which contains the same essential elements is
guilty of a felony and, upon conviction, will be imprisoned in a state
correctional facility for between one and five years, fined not more
than $25,000, or both.
 Anyone who knowingly possesses any amount of ephedrine,
pseudoephedrine, phenylpropanolamine or other designated
precursor with the intent to use it in the manufacture of
methamphetamine or who knowingly possesses a substance
containing ephedrine, pseudoephedrine, or phenylpropanolamine or
their salts, optical isomers or salts of optical isomers in a state or
form which is, or has been altered or converted from the state or
form in which these chemicals are, or were, commercially
distributed is guilty of a felony and, upon conviction, will be
imprisoned in a state correctional facility for between two and ten
years, fined not more than $25,000, or both.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
WEST VIRGINIA
Offenses
(continued)
Suspicious order
reporting
Exceptions
Other
requirements
154
 Anyone who knowingly makes a false representation or statement
regarding the purchase of drug products containing ephedrine,
pseudoephedrine, or phenylpropanolamine or other designated
precursor is guilty of a misdemeanor and, upon conviction, he or she
must be confined for not more than six months, fined not more than
$5,000, or both.
 Any violation of the electronic tracking of drug products containing
ephedrine, pseudoephedrine, or phenylpropanolamine or other
designated precursor is a misdemeanor, punishable upon conviction
by a fine in an amount not more than $10,000.
A registrant must design and operate a system to disclose suspicious
orders of controlled substances. The registrant must inform the Office
of the West Virginia Board of Pharmacy of suspicious orders when
discovered by the registrant. Suspicious orders include orders of
unusual size, orders deviating substantially from a normal pattern, and
orders of unusual frequency.
Sales restrictions do not apply to: (1) products dispensed pursuant to a
valid prescription; (2) drug products which are for pediatric use
primarily intended for administration to children under the age of 12;
(3) drug products containing ephedrine, pseudoephedrine, or
phenylpropanolamine, their salts or optical isomers or salts of optical
isomers or other designated precursor which have been determined by
the Board of Pharmacy to be in a form which is not feasible for being
used for the manufacture of methamphetamine; or (4) anyone lawfully
possessing drug products in their capacities as distributors, wholesalers,
manufacturers, pharmacists, pharmacy interns, pharmacy technicians,
or health care professionals.
 The pharmacy, pharmacist, registered pharmacy intern, and
registered pharmacy technician with access to the Schedule V
pseudoephedrine products have an affirmative duty to guard against
the theft and diversion of the products.
 Any pharmacy, wholesaler, manufacturer, or distributor of Schedule
V pseudoephedrine products shall keep readily retrievable records
and invoices documenting the sale and distribution of these
products.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
155
WISCONSIN
Wis. Stat. Ann. §§ 961.01, 961.22, 961.23, 961.235, 961.41, 961.43,
961.452, 961.253.
Wis. Admin Code § Phar. 8.10.
Ephedrine and pseudoephedrine and any of their salts, isomers, and
salts of isomers.
Pseudoephedrine or any of its salts, isomers, or salts of isomers is a
Schedule V substance.
If no valid prescription, purchaser must produce identification.
A pseudoephedrine product may only be sold at a retail establishment
by a registered pharmacist or by a person who is working under the
direction of a registered pharmacist. The product must bear the name
and address of the establishment on the immediate container of the
drug.
Not addressed by state law.
None, other than 30-day limit.
None, other than 30-day limit.
Seven and five-tenths (7.5) grams.
18.
An identification card containing the person’s photograph.
Not addressed by state law.
Not addressed by state law.
Records of pseudoephedrine sales may be kept in either a paper or
electronic format and only a pharmacist may have access to the records
of pseudoephedrine sales and information contained in those records.
 The seller must record the name and address and the name and
quantity of the product sold. If the product is being sold by a person
who is not a registered pharmacist, the pharmacist supervising the
seller must sign the record of the transaction.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
WISCONSIN
Information
recorded in
tracking system
(continued)
Offenses
Suspicious order
reporting
156
 Records of pseudoephedrine sales and information must be
maintained by the pharmacy for at least two years.
 Giving of a false name or false address by the purchaser is prima
facie evidence of a violation of acquiring or obtaining possession of
a controlled substance by misrepresentation, fraud, forgery,
deception or subterfuge.
 Anyone who purchases more than 7.5 grams of pseudoephedrine
contained in a pseudoephedrine product within a 30-day period,
other than by purchasing the product in person from a pharmacy or
pharmacist, is guilty of a Class I felony.
 Anyone who, with the intent to acquire more than 7.5 grams of
pseudoephedrine contained in a pseudoephedrine product within a
30-day period, knowingly solicit, hire, direct, employ, or use
another to purchase a pseudoephedrine product on his or her behalf,
is guilty of a Class I felony. Moreover, if the person who is
solicited, hired, directed, employed, or used to purchase the
pseudoephedrine product is an individual who is less than 18 years
of age, the actor is guilty of a Class H felony.
 Anyone who purchases a pseudoephedrine product on behalf of
another with the intent to facilitate another person’s manufacture of
methamphetamine is guilty of a Class I felony.
Manufacturers and distributors of controlled substances shall disclose
suspicious orders of controlled substances. Suspicious orders include,
without limitation because of enumeration, orders of unusual size,
orders deviating substantially from a normal pattern and orders of
unusual frequency. The licensee shall notify the regional office of the
DEA and the board of all suspicious orders.
Exceptions
 Sales restrictions do not apply to products dispensed pursuant to a
valid prescription.
 A physician, dentist, veterinarian, or pharmacist may purchase more
than 7.5 grams of pseudoephedrine within a 30-day period.
Other
requirements
 A pharmacist must make records of pseudoephedrine sales and
information available to a law enforcement officer who requests
them. Law enforcement officers may make those records available
to other persons or re-disclose information from those records to
other persons only in connection with a criminal investigation or
prosecution.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
WISCONSIN
Other
requirements
157
 A seller who proves the following, by a preponderance of the
evidence, has a defense to prosecution with respect to the person’s
distribution or delivery of a pseudoephedrine product: (1) the person
did not knowingly or recklessly violate the sale restrictions; (2) the
acts or omissions constituting the violation of the restrictions were
the acts or omissions of one or more of the person’s employees; and
(3) the person provided training to each of those employees
regarding the restrictions imposed on the delivery of
pseudoephedrine products.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Statute(s)
Substances
covered
State controlled
substance
schedule
Prescription
requirements
Individuals and
businesses allowed
to sell to public
Location of
substances
Sales limit – single
transaction
Sales limit – daily
Sales limit – 30day period
Minimum age of
purchaser
158
WYOMING
Wyo. Stat. § 35-7-1059.
Wyo. Rules & Regs. AI PDC ch 3 s 27 and ch 4 s 4.
Ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts,
isomers, or salts of isomers.
Neither substance is scheduled.
None.
Retail distributors.
A retail distributor of products containing methamphetamine
precursors shall sell them in one of the following ways: (1) product
packages are displayed behind a store counter, in an area not accessible
to customers; (2) product packages are displayed in a locked case so
that a customer must ask a store employee for assistance in purchasing
the product; (3) product packages are displayed within 30 feet of and in
the direct line of sight of a cash register or store counter staffed by a
store employee and the store employs a reliable alarm system to
prevent the theft of multiple product packages; or (4) product packages
are displayed in a location that is under constant video surveillance and
(a) persons examining or removing packages are within the camera’s
view; (b) the video camera records recognizable images at least once
every ten seconds; (c) surveillance images are preserved for at least
168 hours and are available to law enforcement authorities immediately
upon request; (d) the retail distributor posts a sign in a prominent
manner stating that the area is under constant video surveillance; and
(e) the retail distributor reports to local law enforcement any theft or
suspected thefts.
Two packages of a product containing methamphetamine precursor
drugs.
Three and six-tenths (3.6) grams.
Nine grams of ephedrine base, pseudoephedrine base, or
phenylpropanolamine base, of which no more than seven and fivetenths (7.5) grams can be imported by private or commercial carrier or
the United States postal service, during any 30-day period.
Not addressed by state law.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
Type of purchaser
ID required
Criminal history
of purchaser
Additional
restrictions on
sales
Sales tracking
system
Information
recorded in
tracking system
Offenses
Suspicious order
reporting
Exceptions
159
WYOMING
The identification card must provide a photograph and be issued by a
state or the federal government. It may be an alien registration receipt
card, a foreign passport, or an employment authorization document
which contains a photograph.
Not addressed by state law.
 Sales must be in blister packs, each blister containing not more than
two dosage units or, when the use of blister packs is not technically
feasible, sales in unit dose packets or pouches.
 The purchaser must sign the logbook.
The seller must maintain a written or electronic list of sales in a
logbook for at least two years after the date on which the entry is made
The seller must also determine that the name entered in the logbook
corresponds to the name provided on the purchaser’s identification card
and that the date and time entered are correct..
The logbook must identify the products by name, the quantity sold, the
names and addresses of the purchasers, and the date and time of the
sales except that does not apply to any purchase by an individual of a
single sales package if that package contains not more than 60
milligrams of pseudoephedrine.
 A person who knowingly or intentionally possesses a drug product
containing more than 15 grams of ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers or salts of isomers of
this section is guilty of a felony punishable by imprisonment for up
to 15 years, a fine of 25,000, or both.
 A person who intentionally or knowingly violates sales restrictions
is guilty of a misdemeanor punishable by a fine of: (1) $100 for a
first offense; (2) $500 for a second offense within two years and one
$1,000 and up to six months imprisonment, or both, for a third
offense within three years.
A controlled substance registrant must design and operate a system to
disclose to the registrant suspicious orders and must inform the Board
of Pharmacy and the Drug Enforcement Administration of such orders.
Suspicious orders include orders of unusual size, orders deviating
substantially from a normal pattern, and orders of unusual frequency.
Sales restrictions do not apply to products dispensed pursuant to a valid
prescription.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.
WYOMING
Other
requirements
160
 A resident or nonresident retailer, manufacturer, or wholesaler who
distributes ephedrine, pseudoephedrine, or phenylpropanolamine, or
their salts, isomers or salts of isomers must: (1) register with the
board by submitting an application on a form prescribed by the
board and pay a registration fee; and (2) notify the board of the
occurrence of any of the following (a) the permanent closing of the
retailer, manufacturer or wholesaler outlet; (b) a change in
ownership, name, management or location; (c) be subject to
inspection by the board; and (d) display the registration issued by
the board in a conspicuous location in the place of business.
 The regulated seller who in good faith releases logbook information
to federal, state or local law enforcement authorities is immune from
civil liability for such release unless the release constitutes gross
negligence or intentional, wanton or willful misconduct.
© 2015 Research is current as of November 24, 2015. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or [email protected] with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street,
Charlottesville, VA 22902.