Bill Text: IN SB0383 | 2010 | Regular Session | Introduced
Bill Title: Sales of ephedrine or pseudoephedrine.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - First reading: referred to Committee on Judiciary [SB0383 Detail]
Download: Indiana-2010-SB0383-Introduced.html
Citations Affected: IC 35-48-4-14.7.
Synopsis: Sales of ephedrine or pseudoephedrine. Requires a retailer
who sells drugs containing ephedrine or pseudoephedrine to: (1) post
a sign warning that it is a criminal offense for a person to purchase
drugs containing more than three grams of ephedrine or
pseudoephedrine in one week, and that depending on the amount of
ephedrine or pseudoephedrine contained in the drug, purchasing more
than one package of drugs in one week may be a crime; and (2) require
the clerk who is conducting the transaction to personally advise a
purchaser that it is a criminal offense for a person to purchase drugs
containing more than three grams of ephedrine or pseudoephedrine in
one week, and that depending on the amount of ephedrine or
pseudoephedrine contained in the drug, purchasing more than one
package of drugs in one week may be a crime. Provides that, upon
request, the clerk who conducts the transaction shall advise the
purchaser how many grams of ephedrine or pseudoephedrine are
contained in the drugs being purchased.
Effective: July 1, 2010.
January 12, 2010, read first time and referred to Committee on Judiciary.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(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.
(5) The person posts a sign warning that:
(A) it is a criminal offense for a person to purchase drugs
containing more than three (3) grams of ephedrine or
pseudoephedrine, or both, in one (1) week; and
(B) depending on the amount of ephedrine or
pseudoephedrine contained in the drug, purchasing more
than one (1) package of drugs containing ephedrine or
pseudoephedrine in one (1) week may be a crime.
(6) The person requires the clerk who conducts the
transaction to personally advise a purchaser that:
(A) it is a criminal offense for a person to purchase drugs
containing more than three (3) grams of ephedrine or
pseudoephedrine, or both, in one (1) week; and
(B) depending on the amount of ephedrine or
pseudoephedrine contained in the drug, purchasing more
than one (1) package of drugs containing ephedrine or
pseudoephedrine in one (1) week may be a crime.
Upon request, the clerk who conducts the transaction shall
advise the purchaser how many grams of ephedrine or
pseudoephedrine are contained in the drugs that the
purchaser is purchasing.
(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.
