Senate Bill 2141

AN ACT TO AMEND SECTION 41-29-121, MISSISSIPPI CODE OF 1972, TO PLACE THE DRUG PSEUDOEPHEDRINE ON SCHEDULE V, TO RESTRICT THE SELLERS PERMITTED TO SELL, THE QUANTITY A PERSON MAY PURCHASE WITHIN A 30-DAY PERIOD, AND TO REQUIRE PURCHASERS TO SIGN A PURCHASE LOG; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-29-121, Mississippi Code of 1972, is amended as follows:

41-29-121. (A) The controlled substances listed in this section are included in Schedule V:

SCHEDULE V

(a) Any compound, mixture or preparation containing limited quantities of any of the following narcotic drugs, which also contains one 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 two hundred (200) milligrams of codeine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams;

(2) Not more than one hundred (100) milligrams of dihydrocodeine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams;

(3) Not more than one hundred (100) milligrams of ethylmorphine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams;

(4) Not more than two and five-tenths (2.5) milligrams of diphenoxylate and not less than twenty-five (25) micrograms of atropine sulphate per dosage unit;

(5) Not more than one hundred (100) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams;

(6) Not more than five-tenths (0.5) milligram of difenoxin and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit.

(7) (i) Any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers.

(ii) If any compound, mixture, or preparation as specified in this subparagraph (7) is dispensed, sold, or distributed in a pharmacy or in any retail outlet containing a pharmacy, it shall be dispensed, sold, or distributed only by, or under the supervision of, a licensed pharmacist or a registered pharmacy technician, and any person purchasing, receiving, or otherwise acquiring any compound, mixture, or preparation shall produce a photo identification showing the date of birth of the person and shall sign a written log, receipt, or other program or mechanism approved by the Bureau of Narcotics showing the date of the transaction, name of the person, and the amount of the compound, mixture, or preparation purchased.

(iii) No person shall purchase, receive, or otherwise acquire more than nine (9) grams of any product, mixture, or preparation specified under this subparagraph (7) within any thirty-day period; this quantity limitation shall not apply to any quantity of product, mixture, or preparation dispensed pursuant to a valid prescription.

(iv) The limitation imposed by this subparagraph (7) shall not apply to any compounds, mixtures, or preparations which are in liquid, liquid capsule, or gel capsule form if pseudoephedrine is not the only active ingredient.

(v) The Director of the Bureau of Narcotics, by rule, may exempt other products from Schedule V which the

Director finds are not used in the illegal manufacture of methamphetamine or other controlled dangerous substances. A manufacturer of a drug product may apply for removal of the product from Schedule V if the product is determined by the Director to have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine.

(b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts, as set forth below:

Buprenorphine.

(c) Unless specifically excepted or listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including their salts, isomers and salts of isomers:

Pyrovalerone.

(B) Except as otherwise specifically provided in this section, any material, compound, mixture, or preparation which contains any quantity of a Schedule V controlled substance and is listed as an exempt substance in 21 C.F.R., 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 2. This act shall take effect and be in force from and after July 1, 2005.