Bill Text: IN SB0076 | 2010 | Regular Session | Introduced
Bill Title: Ephedrine and pseudoephedrine.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-19 - Senator Lewis added as coauthor [SB0076 Detail]
Download: Indiana-2010-SB0076-Introduced.html
Citations Affected: IC 5-2-6-20; IC 10-13-3-40; IC 35-48.
Synopsis: Ephedrine and pseudoephedrine. Makes ephedrine and
pseudoephedrine schedule V controlled substances. Repeals provisions
concerning the establishment and operation of an electronic log to
record the sale without a prescription of drugs containing ephedrine
and pseudoephedrine.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(b) If the amount of money that is deposited in the state general fund during a state fiscal year from handgun license fees (as described in IC 35-47-2-4) exceeds one million one hundred thousand dollars ($1,100,000), the excess is appropriated from the state general fund to the department for the purposes described in subsection (a). An appropriation under this section is subject to allotment by the budget agency.
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 12. (a) The controlled substances listed in this
section are included in schedule V.
(b) Narcotic drugs containing nonnarcotic active medicinal
ingredients. Any compound, mixture, or preparation containing any of
the following narcotic drugs, or their salts calculated as the free
anhydrous base or alkaloid, in the following quantities, which shall
include one (1) or more nonnarcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture, or
preparation, valuable medicinal qualities other than those possessed by
the narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100 milliliters
or per 100 grams.
(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams.
(3) Not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams.
(4) Not more than 2.5 milligrams of diphenoxylate and not less
than 25 micrograms of atropine sulfate per dosage unit.
(5) Not more than 100 milligrams of opium per 100 milliliters or
per 100 grams.
(6) Not more than 0.5 milligrams of difenoxin (9168), and not less
than 25 micrograms of atropine sulfate per dosage unit.
(c) Pregabalin (2782).
(d) Pyrovalerone (1485).
(e) A material, compound, mixture, or preparation that contains
a quantity of the following substances, pure or adulterated:
(1) Ephedrine.
(2) Pseudoephedrine.
(1) Ephedrine or pseudoephedrine dispensed pursuant to a prescription.
(2) The sale of a drug containing ephedrine or pseudoephedrine 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. However, a retail distributor, wholesaler, or manufacturer is required to report a suspicious order to the state police department in accordance with subsection (f).
(3) The sale of a drug containing ephedrine or pseudoephedrine by a person who does not sell exclusively to walk-in customers for the personal use of the walk-in customers. However, if the person described in this subdivision is a retail distributor, wholesaler, or manufacturer, the person is required to report a suspicious order to the state police department in accordance with subsection (f).
(b) The following definitions apply throughout this section:
(1) "Constant video monitoring" means the surveillance by an automated camera that:
(A) records at least one (1) photograph or digital image every ten (10) seconds;
(B) retains a photograph or digital image for at least seventy-two (72) hours;
(C) has sufficient resolution and magnification to permit the identification of a person in the area under surveillance; and
(D) stores a recorded photograph or digital image at a location that is immediately accessible to a law enforcement officer.
(2) "Convenience package" means a package that contains a drug having as an active ingredient not more than one hundred twenty (120) milligrams of ephedrine or pseudoephedrine, or both.
(3) "Ephedrine" means pure or adulterated ephedrine.
(4) "Pseudoephedrine" means pure or adulterated pseudoephedrine.
(5) "Suspicious order" means a sale or transfer of a drug containing ephedrine or pseudoephedrine if the sale or transfer:
(A) is a sale or transfer that the retail distributor, wholesaler, or manufacturer is required to report to the United States Drug Enforcement Administration;
(B) 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
(C) is for cash or a money order in a total amount of at least two hundred dollars ($200).
(6) "Unusual theft" means the theft or unexplained disappearance from a particular retail store of drugs containing ten (10) grams or more of ephedrine, pseudoephedrine, or both in a twenty-four (24) hour period.
(c) This subsection does not apply to a convenience package. A person may sell a drug that contains the active ingredient of ephedrine, pseudoephedrine, or both only if the person complies with the
following conditions:
(1) The person does not sell the drug to a person less than
eighteen (18) years of age.
(2) The person does not sell drugs containing more than three (3)
grams of ephedrine or pseudoephedrine, or both in one (1)
transaction.
(3) The person requires
(A) the purchaser to produce a state or federal identification
card.
(B) the purchaser to complete a paper or an electronic log in
a format approved by the state police department with the
purchaser's name, address, and driver's license or other
identification number; and
(C) the clerk who is conducting the transaction to initial or
electronically record the clerk's identification on the log.
Records from the completion of a log must be retained for at least
two (2) years. A law enforcement officer has the right to inspect
and copy a log or the records from the completion of a log in
accordance with state and federal law. A person may not sell or
release a log or the records from the completion of a log for a
commercial purpose. The Indiana criminal justice institute may
obtain information concerning a log or the records from the
completion of a log from a law enforcement officer if the
information may not be used to identify a specific individual and
is used only for statistical purposes. A retailer who in good faith
releases information maintained under this subsection is immune
from civil liability unless the release constitutes gross negligence
or intentional, wanton, or willful misconduct. This subdivision
expires June 30, 2012.
(4) The person stores the drug:
(A) 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; or
(B) directly in front of the pharmacy counter in the direct line
of sight of an employee at the pharmacy counter, in an area
under constant video monitoring, if the drug is sold in a retail
establishment that:
(i) is a pharmacy; or
(ii) contains a pharmacy that is open for business.
(d) A person may not purchase drugs containing more than three (3)
grams of ephedrine, pseudoephedrine, or both in one (1) week.
(e) This subsection only applies to convenience packages. A person
may not sell drugs containing more than one hundred twenty (120)
milligrams of ephedrine or pseudoephedrine, or both in any one (1)
transaction if the drugs are sold in convenience packages. A person
who sells convenience packages must secure the convenience packages
in at least one (1) of the following ways:
(1) The convenience package must be stored not more than thirty
(30) feet away from a checkout station or counter and must be in
the direct line of sight of an employee at the checkout station or
counter.
(2) The convenience package must be protected by a reliable
anti-theft device that uses package tags and detection alarms
designed to prevent theft.
(3) The convenience package must be stored in restricted access
shelving that permits a purchaser to remove not more than one (1)
package every fifteen (15) seconds.
(4) The convenience package must be stored in an area that is
under constant video monitoring, and a sign placed near the
convenience package must warn that the area is under constant
video monitoring.
(f) A retail distributor, wholesaler, or manufacturer shall report a
suspicious order to the state police department in writing.
(g) Not later than three (3) days after the discovery of an unusual
theft at a particular retail store, the retailer shall report the unusual theft
to the state police department in writing. If three (3) unusual thefts
occur in a thirty (30) day period at a particular retail store, the retailer
shall, for at least one hundred eighty (180) days after the date of the last
unusual theft, locate all drugs containing ephedrine or pseudoephedrine
at that particular retail store behind a counter in an area inaccessible to
a customer or in a locked display case that makes the drug unavailable
to customers without the assistance of an employee.
(h) A unit (as defined in IC 36-1-2-23) may not adopt an ordinance
after February 1, 2005, that is more stringent than this section.
(i) A person who knowingly or intentionally violates this section
commits a Class C misdemeanor. However, the offense is a Class A
misdemeanor if the person has a prior unrelated conviction under this
section.
(j) Before June 30, 2007, the state police department shall submit a
report to the legislative council detailing the effectiveness of this
section in reducing the illicit production of methamphetamine. The
report must describe the number of arrests or convictions that are
attributable to the identification and logging requirements contained in
this section, and must include recommendations for future action. The
report must be in an electronic format under IC 5-14-6.