MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary, Division B
By: Senator(s) Hill
AN ACT TO REQUIRE THAT PHARMACIES KEEP A WRITTEN LOG OF ALL EPHEDRINE AND PSEUDOEPHEDRINE SALES; TO PRESCRIBE A STANDARD FOR THE WRITTEN LOG; TO PROVIDE PENALTIES FOR VIOLATIONS; TO ENACT EXCEPTIONS; TO REQUIRE THE BOARD OF PHARMACY TO DEVISE AND APPROVE TRAINING PROGRAMS FOR PHARMACY EMPLOYEES; TO AMEND SECTION 41-29-117, MISSISSIPPI CODE OF 1972, TO REMOVE EPHEDRINE AND PSEUDOEPHEDRINE FROM SCHEDULE III OF THE CONTROLLED SUBSTANCES ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) It is unlawful for any person, business, or entity to knowingly sell ephedrine or pseudoephedrine unless sold from a pharmacy registered under Section 73-21-105. Any ephedrine or pseudoephedrine 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.
(b) If the sole active ingredient of a product is ephedrine or pseudoephedrine in a strength of thirty (30) or more milligrams per dosage unit, the product must be offered for retail sale only in blister packages.
(c) All packages of tablets containing ephedrine or pseudoephedrine 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.
(d) No person shall deliver, sell, or purchase products sold over-the-counter that contain a combined total of ephedrine base or pseudoephedrine base of more than three and six-tenths (3.6) grams per calendar day or more than seven and one-half (7.5) grams per thirty (30) days. 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 an over-the-counter product in compliance with this section must keep a written record of each transaction and require the purchaser of the product or products to be at least eighteen (18) years of age, to provide a valid, unsuspended driver's license or nondriver identification card issued by this or another state, a United States Uniformed Services Privilege and Identification Card, or a United States or foreign passport, and to sign a record of each transaction. The record of each transaction must include the information from the identification card as well as the type of identification card used, and include the number, name, date of birth, and current address of the purchaser, the date and time of the sale, the name of the product being sold, and the total quantity, in grams, of ephedrine or pseudoephedrine being sold. The written record may be kept in an electronic format.
(3) Excessive or suspicious sales or purchases of ephedrine or pseudoephedrine must be reported to the Mississippi Bureau of Narcotics and the Mississippi Board of Pharmacy.
(4) This section does not apply to products dispensed pursuant to a legitimate prescription.
(5) A violation of this section is a misdemeanor for a first offense and a felony for a second or subsequent offense. A violation is punishable as follows:
(a) For a first offense, by a fine not to exceed One Thousand Dollars ($1,000.00), or confinement in the county jail not to exceed six (6) months, or both; or
(b) For a second or subsequent offense, by a fine not to exceed Ten Thousand Dollars ($10,000.00), or imprisonment in the custody of the Department of Corrections not to exceed five (5) years, or both.
(6) A pharmacist who is the general owner or operator of an establishment where ephedrine or pseudoephedrine 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 ephedrine or pseudoephedrine, or who presents identification from a state that requires a prescription for the purchase of ephedrine or pseudoephedrine, may purchase those products only upon presentation of a valid prescription for the ephedrine or pseudoephedrine.
(8) For the purposes of this section the terms "ephedrine" and "pseudoephedrine" include ephedrine, pseudoephedrine, and their salts or optical isomers, or salts of optical isomers.
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) 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.
(e) 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 July 1, 2018.