MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Judiciary A
By: Representative Smith (39th), Reynolds
AN ACT TO PLACE RESTRICTIONS ON THE PURCHASE AND SALE OF CERTAIN METHAMPHETAMINE PRECURSORS; TO PROVIDE CRIMINAL PENALTIES; TO AUTHORIZE THE BUREAU OF NARCOTICS TO CREATE A PROGRAM RELATED TO THE METHAMPHETAMINE PROBLEM TO ASSIST RETAILERS IN REPORTING SUSPICIOUS ACTIVITIES; TO AMEND SECTION 41-29-313, MISSISSIPPI CODE OF 1972, TO CREATE A REBUTTABLE PRESUMPTION OF INTENT TO MANUFACTURE FOR A PERSON IN POSSESSION OF CERTAIN QUANTITIES OF EPHEDRINE OR PSEUDOEPHEDRINE AND TO LIMIT APPLICABILITY OF THE PRESUMPTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For the purposes of this section the following words and phrases shall have the meanings attributed to them unless the context clearly requires otherwise:
(a) "Pseudoephedrine" means pseudoephedrine, its salts or optical isomers, or salts of optical isomers.
(b) "Ephedrine" means ephedrine, its salts or optical isomers, or salts of optical isomers.
(c) "Tablet" means a solid dosage form of varying weight, size and shape that may be molded or compressed and that contains a medicinal substance in pure or diluted form; the term also includes "caplet" but does not include "capsule."
(d) "Capsule" means a dosage form in which a medicinal substance is enclosed by either a hard or soft soluble outer shell.
(2) (a) A retail establishment or individual shall not transfer, sell, deliver, distribute, dispense or provide to a consumer in a single retail sales transaction:
(i) More than two (2) packages of any compound, mixture or preparation containing pseudoephedrine or ephedrine; or
(ii) More than six (6) grams of pseudoephedrine or ephedrine.
(b) No person shall purchase, receive, or otherwise acquire in a single retail transaction:
(i) More than two (2) packages of any compound, mixture or preparation containing pseudoephedrine or ephedrine; or
(ii) More than six (6) grams of pseudoephedrine or ephedrine.
(c) No person shall purchase, receive, or otherwise acquire more than nine (9) grams of any compound, mixture or preparation containing pseudoephedrine or ephedrine within any thirty-day period; this quantity limitation shall not apply to any quantity of compound, mixture or preparation containing pseudoephedrine or ephedrine dispensed pursuant to a valid prescription.
(d) (i) All packages of tablets containing pseudoephedrine or ephedrine as the sole active ingredient shall be stored by retail establishments by:
1. Placing the products behind a counter where the public is not permitted; or
2. Placing the products in a locked display case so that a customer wanting access to the packages must ask a store employee for assistance.
(ii) All packages of tablets containing pseudoephedrine or ephedrine and other active ingredients shall be stored by retail establishments by:
1. Placing the products behind a counter;
2. Placing the products within thirty (30) feet of the establishment's cashiers;
3. Placing the products in a locked display case so that a customer wanting access to the packages must ask a store employee for assistance; or
4. Placing the products under video surveillance.
(e) Every wholesaler of pseudoephedrine or ephedrine products shall provide the Bureau of Narcotics with copies of all sales receipts of such products upon request of the bureau. Wholesalers shall be required to maintain this information for a period of not less than one (1) year.
(3) The retail sale of any compound, mixture or preparation containing pseudoephedrine or ephedrine is limited to sales in packages containing not more than a total of three (3) grams of pseudoephedrine or ephedrine.
(4) No retailer may sell to any person any product or products containing pseudoephedrine or ephedrine unless the retailer requires the purchaser to display photo identification in order to complete the purchase.
(5) (a) Except as provided in paragraphs (b) and (c) of this subsection, any violation of this section is a misdemeanor subject to a fine of not more than Two Hundred Fifty Dollars ($250.00).
(b) Any person who shall transfer, sell, deliver, distribute, dispense, provide, or purchase, receive, or otherwise acquire two hundred fifty (250) or more dosage units or fifteen (15) grams or more in weight (dosage unit and weight as defined in Section 41-29-139) of pseudoephedrine or ephedrine in a single retail transaction, knowing, or under circumstances where one reasonably should know, that the pseudoephedrine or ephedrine will be used to unlawfully manufacture a controlled substance shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or imprisonment for not more than five (5) years, or both.
(c) A retailer who is the general owner or operator of an establishment that sells pseudoephedrine or ephedrine products shall not be penalized pursuant to this section if the retailer documents that an employee training program was conducted to train employees on compliance with this section.
SECTION 2. (1) The 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 involving any products under the retailer's control which contain a regulated precursor under the provisions of this act including, but not limited to, over-the-counter, nonprescription pseudoephedrine products.
(2) Reporting by retailers as required by this section shall be voluntary.
(3) Retailers reporting information to the Bureau of Narcotics in good faith pursuant to this section shall be immune from civil and criminal liability for a violation of this act.
SECTION 3. Section 41-29-313, Mississippi Code of 1972, is amended as follows:
41-29-313. (1) (a) Except as authorized in this section and in Section 1 of House Bill 607, 2005 Regular Session, it is unlawful for any person to knowingly or intentionally:
(i) Purchase, possess, transfer or distribute any two (2) or more of the listed precursor chemicals or drugs in any amount with the intent to unlawfully manufacture a controlled substance;
(ii) Purchase, possess, transfer or distribute any two (2) or more of the 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.
(b) Any person who violates this subsection (1), upon conviction, is guilty of a felony and may be imprisoned for a period not to exceed thirty (30) years and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00), or both fine and imprisonment.
(2) (a) It is unlawful for any person to knowingly or intentionally steal or unlawfully take or carry away any amount of anhydrous ammonia.
(b) It is unlawful for any person to purchase, possess, transfer or distribute any amount of anhydrous ammonia, knowing, or under circumstances where one reasonably should know, that the anhydrous ammonia will be used to unlawfully manufacture a controlled substance.
(c) (i) It is unlawful for any person to purchase, possess, transfer or distribute two hundred fifty (250) dosage units or fifteen (15) grams in weight (dosage unit and weight as defined in Section 41-29-139) 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.
(ii) Except as provided in this subparagraph, possession of one or more products containing more than twenty-four (24) grams of ephedrine or pseudoephedrine shall constitute a rebuttable presumption of intent to use the product as a precursor to methamphetamine or another controlled substance. The rebuttable presumption established by this subsection shall not apply to the following persons who are lawfully possessing the identified drug products in the course of legitimate business:
1. A retail distributor of the drug products described in this subsection 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 subsection, 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 subsection (2) in the course of carrying out his profession.
(d) Any person who violates this subsection (2), upon conviction, is guilty of a felony and may be imprisoned for a period not to exceed five (5) years and shall be fined not more than Five Thousand Dollars ($5,000.00), or both fine and imprisonment.
(3) The terms "listed precursor drug or chemical" means a precursor drug or chemical that, in addition to legitimate uses, may be used in manufacturing a controlled substance in violation of this chapter. Such term includes any salt, optical isomer or salt of an optical isomer, whenever the existence of such salt, optical isomer or salt of optical isomer is possible within the specific chemical designation. The chemicals or drugs listed in this section are included by whatever official, common, usual, chemical or trade name designated. The following are "listed precursor drugs or chemicals":
(a) Ether;
(b) Anhydrous ammonia;
(c) Pseudoephedrine;
(d) Ephedrine;
(e) Denatured alcohol (Ethanol);
(f) Lithium;
(g) Freon;
(h) Hydrochloric acid;
(i) Hydriodic acid;
(j) Red phosphorous;
(k) Iodine;
(l) Sodium metal;
(m) Muriatic acid;
(n) Sulfuric acid;
(o) Hydrogen chloride gas;
(p) Potassium;
(q) Methanol;
(r) Isopropyl alcohol;
(s) Hexanes;
(t) Heptanes;
(u) Acetone;
(v) Toluene;
(w) Xylenes.
(4) Nothing in this section shall preclude any farmer from storing or using any of the listed precursor drugs or chemicals listed in this section in the normal pursuit of farming operations.
(5) Nothing in this section shall preclude any wholesaler, retailer or pharmacist from possessing or selling the listed precursor drugs or chemicals in the normal pursuit of business.
(6) Any person who violates the provisions of this section with children under the age of eighteen (18) years present may be subject to a term of imprisonment or a fine, or both, of twice that provided in this section.
(7) Any person who violates the provisions of this section when the offense occurs in any hotel or apartment building or complex may be subject to a term of imprisonment or a fine, or both, of twice that provided in this section. For the purposes of this subsection (7), the following terms shall have the meanings ascribed to them:
(a) "Hotel" means a hotel, inn, motel, tourist court, apartment house, rooming house, or any other place where sleeping accommodations are furnished or offered for pay if four (4) or more rooms are available for transient guests.
(b) "Apartment building" means any building, including, without limitation, a condominium building, having four (4) or more dwelling units.
SECTION 4. This act shall take effect and be in force from and after July 1, 2005.