MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Drug Policy; Judiciary, Division B
By: Senator(s) Fillingane
AN ACT TO AUTHORIZE PHARMACIES TO SELL AND PERSONS TO PURCHASE, WITHOUT A PRESCRIPTION, PRODUCTS THAT CONTAIN CERTAIN QUANTITIES OF PSEUDOEPHEDRINE OR EPHEDRINE; TO REQUIRE PHARMACIES SELLING PRODUCTS AUTHORIZED UNDER THIS ACT TO USE THE NPLEX SYSTEM BEFORE SELLING THOSE PRODUCTS; TO REQUIRE PHARMACIES TO MAINTAIN AN ELECTRONIC LOG OF REQUIRED INFORMATION FOR EACH TRANSACTION; TO REQUIRE THE PURCHASER OF THE PACKAGE TO BE AT LEAST EIGHTEEN YEARS OF AGE, AS SHOWN BY VALID IDENTIFICATION, AND TO SIGN A RECORD OF EACH TRANSACTION; TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ACT; TO AMEND SECTION 41-29-117, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) It is lawful for a pharmacy registered under Section 73-21-105 to sell or distribute to a person, without a prescription, products containing not more than three and six tenths (3.6) grams per day and not more than seven and two tenths (7.2) grams per thirty-day period of pseudoephedrine or ephedrine, and it is lawful for a person to purchase products containing those ingredients from a registered pharmacy without a prescription.
(b) All products authorized under this subsection (1) must be stored by a pharmacy by placing the products behind a counter in an area within the pharmacy where the public is not permitted.
(c) Any products authorized under this subsection (1) sold by a pharmacy must be sold by an individual licensed as a pharmacist or by an employee of the pharmacy under the direct supervision and control of a licensed pharmacist.
(d) No pharmacy may sell or distribute, and no person may purchase, more products than allowed under this section unless by valid prescription. It is not a defense in a prosecution under this section that no money was exchanged during a transaction that would otherwise be unlawful under this section.
(2) A pharmacy selling products in a manner authorized under subsection (1) of this section must:
(a) Use the National Precursor Log Exchange (NPLEx) system administered by the National Association of Drug Diversion Investigators, provided that the system is available to pharmacies or retailers in the state without a charge for accessing the NPLEx system, before completing the over-the-counter sale of each product authorized under subsection (1) of this section. Before completing a sale of an over-the-counter material, compound, mixture, or preparation containing any detectable quantity of pseudoephedrine or ephedrine, its salts or optical isomers, or salts of optical isomers a pharmacy or retailer shall electronically submit the information required under subsection (b) of this subsection (2) to the NPLEx system. The pharmacy or retailer shall not complete the sale if the NPLEx system generates a stop-sale alert. The system shall 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 if the transaction is not completed. The system shall create a record of each use of the override mechanism.
(b) Maintain an electronic log of required information for each transaction, and require the purchaser of the package to be at least eighteen (18) years of age and provide a valid, unsuspended driver's license or nondriver identification card issued by this state or another state, a United States Uniformed Services Privilege and Identification Card, or a United States or foreign passport, and to sign a written or electronic log attesting to the validity of the information provided for each transaction. The record of each transaction must include the information from the identification card as well as the type of and government entity issuing the identification card used, the name, date of birth, and current address of the purchaser, the date and time of the sale, the name of the compound, mixture, or preparation being sold, and the total amount, in grams or milligrams, of pseudoephedrine or ephedrine being sold.
(c) Maintain a written log or an alternative electronic record keeping mechanism if a pharmacy or retailer experiences mechanical or electronic failure of the required electronic tracking system until such time as the pharmacy or retailer is able to comply with the electronic sales-tracking requirement. No person shall purchase, receive or otherwise acquire more than three and six-tenths (3.6) grams per day or seven and two-tenths (7.2) grams of pseudoephedrine or ephedrine within any thirty-day period.
(3) The National Association of Drug Diversion Investigators shall provide real-time access to the NPLEx information through the NPLEx online portal to law enforcement in the state.
(4) (a) Pseudoephedrine and ephedrine products dispensed pursuant to a legitimate prescription are exempt from this section.
(b) The amounts of pseudoephedrine and ephedrine products dispensed to a person pursuant to a legitimate prescription shall not be considered under subsection (1)(a) of this section.
(5) A violation of this section is a misdemeanor and is punishable as follows:
(a) For a first offense, by a fine not to exceed One Thousand Dollars ($1,000.00).
(b) For a second or subsequent offense, by a fine not to exceed Ten Thousand Dollars ($10,000.00).
(6) A pharmacist who is the general owner or operator of an establishment where pseudoephedrine and ephedrine products are available for sale shall not be penalized under this section for the conduct of an employee if the retailer documents that an employee training program approved by the Mississippi Board of Pharmacy was conducted by the pharmacist. The Mississippi Board of Pharmacy shall develop or approve all training programs for pharmacy employees.
(7) A person who resides in a state that requires a prescription for the purchase of pseudoephedrine or ephedrine, or who presents identification from a state that requires a prescription for the purchase of pseudoephedrine or ephedrine, may purchase those products only upon presentation of a valid prescription for the pseudoephedrine or ephedrine.
SECTION 2. Section 41-29-117, Mississippi Code of 1972, is amended as follows:
41-29-117. (A) The controlled substances listed in this section are included in Schedule III.
SCHEDULE III
(a) Stimulants. Any material, compound, mixture, or preparation which contains any quantity of the following substances or their salts, isomers, or salts of isomers, of the following substances:
(1) Benzphetamine;
(2) Chlorphentermine;
(3) Clortermine;
(4) Phendimetrazine.
(b) Depressants. Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:
(1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules;
(2) Unless specifically excepted or unless listed in another schedule, any compound, mixture or preparation containing any of the following substances or any salt of the substances specifically included in this subsection (2) and one or more other active medicinal ingredients which are not listed in any other schedule:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital;
(3) Any suppository dosage form containing any of the following substances or any salt of any of the substances specifically included in this subsection (3) approved by the Food and Drug Administration for marketing only as a suppository:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital;
(4) Chlorhexadol;
(5) Embutramide;
(6) Any drug product containing gamma-hydroxybutyric acid, including its salts, isomers and salts of isomers, for which an application is approved under Section 505 of the Federal Food, Drug and Cosmetic Act;
(7) Ketamine; its salts, isomers, and salts of isomers; other names include (+)-2-(2-chlorophenyl)-2-(methylamino)cyclohexanone;
(8) Lysergic acid;
(9) Lysergic acid amide;
(10) Methyprylon;
(11) Perampanel; its salts, isomers, and salts of isomers;
(12) Sulfondiethylmethane;
(13) Sulfonethylmethane;
(14) Sulfonmethane;
(15) Tiletamine and zolazepam or any salt thereof; other names for the tiletamine and zolazepam combination product include: telazol; other names for tiletamine include: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone; other names for zolazepam include: 4-(2-fluorophenyl)-6,8-dihydro 1,3, 8-trimethylpyrazolo-[3,4-e](1,4)-diazepin-7(1H)-one, flupyrazapon.
(c) Nalorphine.
(d) Any material, compound, mixture or preparation which contains any quantity of ephedrine or pseudoephedrine, except for any product that contains any quantity of pseudoephedrine or ephedrine that is sold subject to the quantity restrictions authorized in Section 1 of this act.
(e) Narcotic drugs. Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:
(1) Not more than one and eight-tenths (1.8) grams of codeine, or any of its salts, per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(2) Not more than one and eight-tenths (1.8) grams of codeine, or any of its salts, per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(3) Not more than one and eight-tenths (1.8) grams of dihydrocodeine, or any of its salts, per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(4) Not more than three hundred (300) milligrams of ethylmorphine, or any of its salts, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(5) Not more than five hundred (500) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams, or not more than twenty-five (25) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(6) Not more than fifty (50) milligrams of morphine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(f) Anabolic steroids. Unless specifically exempted or listed in another schedule, any material, compound, mixture or preparation containing any quantity of any of the following anabolic steroids (any drug or hormonal substance chemically and pharmacologically related to testosterone other than estrogens, progestins, corticosteroids and dehydroepiandrosterone):
(1) 3beta,17-dihydroxy-5a-androstane;
(2) 3alpha,17beta-dihydroxy-5a-androstane;
(3) 5alpha-androstan-3,17-dione;
(4) 1-androstenediol (3beta,17beta-dihydroxy-5alpha-androst-1-ene);
(5) 1-androstenediol (3alpha,17beta-dihydroxy-5alpha-androst-1-ene);
(6) 4-androstenediol (3beta,17beta-dihydroxy-androst-4-ene);
(7) 5-androstenediol (3beta,17beta-dihydroxy-androst-5-ene);
(8) 1-androstenedione ([5alpha]-androst-1-en-3, 17-dione);
(9) 4-androstenedione (androst-4-en-3,17-dione);
(10) 5-androstenedione (androst-5-en-3,17-dione);
(11) Bolasterone (7alpha,17alpha-dimethyl-17beta-hydroxyandrost-4-en-3-one);
(12) Boldenone (17beta-hydroxyandrost-1,4,-diene-3-one);
(13) Boldione (androsta-1,4-diene-3,17-dione);
(14) Calusterone (7beta,17alpha-dimethyl-17beta-hydroxyandrost-4-en-3-one);
(15) Clostebol (4-chloro-17beta-hydroxyandrost-4-en-3-one);
(16) Dehydrochloromethyltestosterone (4-chloro-17beta-hydroxy-17alpha-methylandrost-1,4-dien-3-one);
(17) Desoxymethyltestosterone (17alpha-methyl-5alpha-androst-2-en-17beta-ol, also known as madol);
(18) Delta1-dihydrotestosterone (also known as 1-testosterone) (17beta-hydroxy-5alpha-androst-1-en-3-one);
(19) 4-dihydrotestosterone (17beta-hydroxy-androstan-3-one);
(20) Drostanolone (17beta-hydroxy-2alpha-methyl-5alpha-androstan-3-one);
(21) Ethylestrenol (17alpha-ethyl-17beta-hydroxyestr-4-ene);
(22) Fluoxymesterone (9-fluoro-17alpha-methyl-11beta, 17beta-dihydroxyandrost-4-en-3-one);
(23) Formebolone (2-formyl-17alpha-methyl-11alpha,17beta-dihydroxyandrost-1, 4-dien-3-one);
(24) Furazabol (17alpha-methyl-17beta-hydroxyandrostano[2,3-c]-furazan);
(25) 13beta-ethyl-17alpha-hydroxygon-4-en-3-one;
(26) 4-hydroxytestosterone (4,17beta-dihydroxyandrost-4-en-3-one);
(27) 4-hydroxy-19-nortestosterone (4,17beta-dihydroxy-estr-4-en-3-one);
(28) Mestanolone (17alpha-methyl-17beta-hydroxy-5-androstan-3-one);
(29) Mesterolone (1alpha-methyl-17beta-hydroxy-[5alpha]-androstan-3-one);
(30) Methandienone (17alpha-methyl-17beta-hydroxyandrost-1,4-dien-3-one);
(31) Methandriol (17alpha-methyl-3beta, 17beta-dihydroxyandrost-5-ene);
(32) Methasterone (2[alpha], 17[alpha]-dimethyl-5[alpha]-androstan-17[beta]-ol-3-one;
(33) Methenolone (1-methyl-17beta-hydroxy-5alpha-androst-1-en-3-one);
(34) 17alpha-methyl-3beta, 17beta-dihydroxy-5a-androstane;
(35) 17alpha-methyl-3alpha, 17beta-dihydroxy-5a-androstane;
(36) 17alpha-methyl-3beta, 17beta-dihydroxyandrost-4-ene;
(37) 17alpha-methyl-4-hydroxynandrolone (17alpha-methyl-4-hydroxy-17beta-hydroxyestr-4-en-3-one);
(38) Methyldienolone (17alpha-methyl-17beta-hydroxyestra-4,9(10)-dien-3-one);
(39) Methyltrienolone (17alpha-methyl-17beta-hydroxyestra-4,9-11-trien-3-one);
(40) Methyltestosterone (17alpha-methyl-17beta-hydroxyandrost-4-en-3-one);
(41) Mibolerone (7alpha,17alpha-dimethyl-17beta-hydroxyestr-4-en-3-one);
(42) 17alpha-methyl-Delta1-dihydrotestosterone (17b beta-hydroxy-17alpha-methyl-5alpha-androst-1-en-3-one) (also known as 17-alpha-methyl-1-testosterone);
(43) Nandrolone (17beta-hydroxyestr-4-en-3-one);
(44) 19-nor-4-androstenediol (3beta,17beta-dihydroxyestr-4-ene);
(45) 19-nor-4-androstenediol (3a,17beta-dihydroxyestr-4-ene);
(46) 19-nor-5-androstenediol (3beta,17beta-dihydroxyestr-5-ene);
(47) 19-nor-5-androstenediol (3alpha,17beta-dihydroxyestr-5-ene);
(48) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene3,17-dione, 19-norandrosta-4,9(10)-diene-3,17-dione);
(49) 19-nor-4-androstenedione (estr-4-en-3,17-dione);
(50) 19-nor-5-androstenedione (estr-5-en-3,17-dione);
(51) Norbolethone (13beta,17alpha-diethyl-17beta-hydroxygon-4-en-3-one);
(52) Norclostebol (4-chloro-17beta-hydroxyestr-4-en-3-one);
(53) Norethandrolone (17alpha-ethyl-17beta-hydroxyestr-4-en-3-one);
(54) Normethandrolone (17alpha-methyl-17beta-hydroxyestr-4-en-3-one);
(55) Oxandrolone (17alpha-methyl-17beta-hydroxy-2-oxa-[5alpha]-androstan-3-one);
(56) Oxymesterone (17alpha-methyl-4,17beta-dihydroxyandrost-4-en-3-one);
(57) Oxymetholone (17alpha-methyl-2-hydroxymethylene-17beta-hydroxy-[5alpha]- androstan-3-one);
(58) Prostanozol
(17[beta]-hydroxy-5[alpha]-androstano[3,2-c]pyrazole)
(59) Stanozolol (17alpha-methyl-17beta-hydroxy-[5alpha]-androst-2-eno[3,2-c]- pyrazole);
(60) Stenbolone (17beta-hydroxy-2-methyl-[5alpha]-androst-1-en-3-one);
(61) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);
(62) Testosterone (17beta-hydroxyandrost-4-en-3-one);
(63) Tetrahydrogestrinone (13beta,17alpha-diethyl-17beta-hydroxygon-4,9,11-trien-3-one);
(64) Trenbolone (17beta-hydroxyestr-4,9,11-trien-3-one);
(65) Any salt, ester, or ether of a drug or substance described in this paragraph. Except such term does not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the Secretary of Health and Human Services for such administration. If any person prescribes, dispenses, or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this paragraph.
(g) Any material, compound, mixture or preparation which contains any quantity of buprenorphine or its salts.
(h) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved drug product.
(B) Any material, compound, mixture or preparation which contains any quantity of a Schedule III controlled substance other than butalbital, and is listed as an exempt substance in 21 CFR, Section 1308.22, 1308.24, 1308.26, 1308.32 or 1308.34, shall be exempted from the provisions of the Uniform Controlled Substances Law.
SECTION 3. This act shall take effect and be in force from and after January 1, 2022.