MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary A
By: Representative Peranich (By Request)
AN ACT TO CREATE THE "PSEUDOEPHEDRINE, EPHEDRINE AND PHENYLPROPANOLAMINE MONITORING ACT"; TO PRESENT THE PURPOSE AND FINDINGS OF THE LEGISLATURE; TO CREATE A CENTRAL COMPUTER MONITORING SYSTEM TO BE OPERATED BY THE BUREAU OF NARCOTICS; TO REQUIRE PRESCRIPTION AND NONPRESCRIPTION PRODUCTS CONTAINING PSEUDOEPHEDRINE, EPHEDRINE AND PHENYLPROPANOLAMINE TO BE DISPENSED, SOLD OR DISTRIBUTED ONLY BY A LICENSED PHARMACIST, REGISTERED PHARMACY TECHNICIAN OR OTHER PHARMACY EMPLOYEE; TO PRESCRIBE THE CONDITIONS THAT THOSE PERSONS MAY DISPENSE, SELL OR DISTRIBUTE THOSE PRODUCTS; TO LIMIT THE QUANTITY OF AND THE FREQUENCY OF TIME THAT THOSE PRODUCTS MAY BE PROVIDED TO ANY SINGLE INDIVIDUAL; TO REQUIRE THE LICENSED PHARMACIST, REGISTERED PHARMACY TECHNICIAN OR OTHER PHARMACY EMPLOYEE TO RECORD CERTAIN IDENTIFYING INFORMATION FOR PURPOSES OF MONITORING ALL SALES OF THOSE PRODUCTS; TO REQUIRE PHARMACIES TO TRANSMIT THAT INFORMATION TO THE CENTRAL COMPUTER MONITORING SYSTEM; TO REQUIRE THE SYSTEM TO BE DESIGNED AND OPERATED TO ALLOW THE TRANSMISSION AND READING OF SALES INFORMATION ON A REAL-TIME BASIS AND TO PROVIDE AN ONLINE ALERT OF CONDITIONS THAT VIOLATE THIS ACT; TO PROVIDE THAT THE PROVISIONS OF THIS ACT SHALL NOT BE CONSTRUED TO REQUIRE PHARMACIES USING THE SYSTEM TO MAINTAIN SEPARATE TRANSACTIONS RECORDS THAN THOSE REQUIRED UNDER 21 USCS SECTION 830(E); TO PRESCRIBE THE NATURE OF FUNDING FOR THE SYSTEM; TO REQUIRE THE BUREAU OF NARCOTICS TO SHARE INFORMATION REGARDING THE SALE OF PRODUCTS CONTAINING PSEUDOEPHEDRINE, EPHEDRINE OR PHENYLPROPANOLAMINE WITH THE MISSISSIPPI SHERIFF'S ASSOCIATION; TO AUTHORIZE THE BUREAU OF NARCOTICS TO ENTER INTO CERTAIN AGREEMENTS WITH THE MISSISSIPPI SHERIFF'S ASSOCIATION OR OTHER LAW ENFORCEMENT AGENCY IN ORDER TO SHARE THAT SALES INFORMATION; TO REQUIRE THE BUREAU OF NARCOTICS TO PROVIDE ACCESS TO THE SALES INFORMATION TO THE MISSISSIPPI STATE BOARD OF PHARMACY; TO PROVIDE THAT THIS ACT SHALL NOT APPLY TO LICENSED HEALTH CARE PROFESSIONALS WITH PRESCRIPTIVE AUTHORITY DISPENSING ANY PRODUCT PROHIBITED BY THIS ACT TO A PATIENT; TO PROVIDE THAT TRANSMITTAL OF SALES INFORMATION CONTAINING ANY PRODUCT PROHIBITED BY THIS ACT IS CONTINGENT UPON THE ACQUISITION, IMPLEMENTATION AND OPERATION OF THE CENTRAL COMPUTER MONITORING SYSTEM; TO AMEND SECTION 41-29-313, MISSISSIPPI CODE OF 1972, TO INCLUDE PHENYLPROPANOLAMINE IN THE LIST OF PRECURSOR DRUGS AND CHEMICALS THAT MAY BE USED TO MANUFACTURE A CONTROLLED SUBSTANCE; TO AMEND SECTION 41-29-315, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE TRANSFER, SALE, DELIVERY OR DISTRIBUTION OF ANY PRODUCT CONTAINING PSEUDOEPHEDRINE, EPHEDRINE OR PHENYLPROPANOLAMINE BY ANY PERSON OTHER THAN CERTAIN LICENSED HEALTH CARE PROFESSIONALS WITH PRESCRIPTIVE AUTHORITY, EXCEPT IN A LICENSED PHARMACY; TO PROVIDE EXEMPTIONS TO CERTAIN PRODUCTS FROM COMPLIANCE WITH THIS SECTION; TO PROHIBIT A PHARMACIST, REGISTERED PHARMACY TECHNICIAN OR PHARMACY EMPLOYEE FROM KNOWINGLY DISPENSING, SELLING, TRANSFERRING OR FURNISHING CERTAIN AMOUNTS OF THESE PRODUCTS TO ANY PERSON IN A SINGLE TRANSACTION WITHOUT A VALIDLY ISSUED PRESCRIPTION; TO STIPULATE WHAT IS REQUIRED OF PURCHASERS BY PHARMACIES OR RETAILERS SELLING PRESCRIPTION OR NONPRESCRIPTION PRODUCTS CONTAINING PSEUDOEPHEDRINE, EPHEDRINE OR PHENYLPROPANOLAMINE BEFORE THE PURCHASE IS MADE; TO PROVIDE FOR ALTERNATIVE FORMS OF IDENTIFICATION REQUIRED FOR THE PURCHASE OF THESE PRODUCTS; TO AMEND SECTION 41-29-317, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be entitled and may be cited as the "Pseudoephedrine, Ephedrine and Phenylpropanolamine Monitoring Act."
SECTION 2. (1) The Mississippi State Legislature recognizes the devastating effect that methamphetamine production has had on its citizens.
(2) Methamphetamine is unique in that it is a synthetic drug that can be produced by a person who does not possess specialized skill or training, is highly addictive, and can be made from inexpensive and readily accessible ingredients.
(3) Methamphetamine has been reported as one (1) of the most addictive and deadly drug threats in the United States. The use of methamphetamine can result in fatal kidney and lung disorders, brain damage, liver damage, chronic depression, psychosis, hallucinations, and many other devastating physical and mental effects.
(4) Mississippi has experienced a drop in methamphetamine production since 2005 since restrictions on the sale of pseudoephedrine, ephedrine and phenylpropanolamine have been implemented under Sections 41-29-313 through 41-29-317, Mississippi Code of 1972.
(5) Methamphetamine is not only deadly because of the devastating effects of drug addiction, but the production of methamphetamine has resulted in several laboratory explosions and the exposure of our citizens to death, injury, or toxic substances.
(6) While the production of methamphetamine has resulted in devastating effects on Mississippi citizens, the drugs used in making methamphetamine (pseudoephedrine, ephedrine and phenylpropanolamine) have legitimate medical uses.
(7) The Mississippi Legislature hereby finds and declares that a pharmacist is in the unique position of dispensing prescription and nonprescription products containing pseudoephedrine, ephedrine or phenylpropanolamine and interacting with the patient at the point of purchase of these products. This relationship with the consumer and a pharmacist's specialized knowledge about the pharmaceutical qualities of products containing pseudoephedrine, ephedrine and phenylpropanolamine make the pharmacy the best location for the sale of those products to ensure the health and safety of Mississippi's citizens.
(8) The Mississippi Legislature, in enacting the provisions of this act, seeks to provide for the legitimate medical needs of our citizens while at the same time protecting our citizens against the devastating effects of methamphetamine and methamphetamine production.
(9) In order to assist law enforcement and prosecutorial agencies in addressing the problems associated with methamphetamine production, an electronic database is needed to record purchases of products containing pseudoephedrine, ephedrine and phenylpropanolamine at a pharmacy.
(10) Technology is available to record all purchases of products containing pseudoephedrine, ephedrine and phenylpropanolamine at the point of sale and to transmit that information to a centralized location to be monitored and maintained in a central computer monitoring system operated by the Bureau of Narcotics.
SECTION 3. (1) A prescription or nonprescription material, compound, mixture or preparation containing any detectable quantity of pseudoephedrine, ephedrine or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers shall be dispensed, sold or distributed only by a licensed pharmacist, registered pharmacy technician or pharmacy employee as permitted by the Mississippi State Board of Pharmacy.
(2) A prescription or nonprescription material, compound, mixture or preparation containing any detectable quantity of pseudoephedrine, ephedrine or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers shall not be dispensed, sold, or distributed by a licensed pharmacist, registered pharmacy technician, or pharmacy employee to any person unless the requirements of Section 41-29-315(2) are fulfilled and the sales transaction information is transmitted to the central computer monitoring system, as provided for in this act.
(3) (a) A pharmacist, registered pharmacy technician or pharmacy employee shall not sell or distribute nonprescription products containing pseudoephedrine, ephedrine or phenylpropanolamine to any person in a quantity greater than the weight and within the frequency of time authorized under Section 41-29-315.
(b) A pharmacist, registered pharmacy technician or pharmacy employee selling or distributing nonprescription products containing pseudoephedrine, ephedrine or phenylpropanolamine shall comply with the rules pertaining to the recordkeeping requirements for the dispensing of those nonprescription products. The pharmacist, certified pharmacy technician or pharmacy employee shall record the transaction information and transmit it to the central computer monitoring system as provided for in this act.
(4) A law enforcement officer may obtain an administrative search warrant to inspect the written logs or receipts maintained at a pharmacy under the provisions of this section.
SECTION 4. (1) In order to facilitate the monitoring of sales of nonprescription products containing pseudoephedrine, ephedrine or phenylpropanolamine the pharmacist, certified pharmacy technician or other pharmacy employee shall record all of the information required under Section 41-29-315(2)(g)(iii).
(2) Upon recording the sales transaction information, the pharmacy shall transmit the information immediately to a central computer monitoring system for purposes of monitoring the sales of these products as provided for in this section.
(3) The central computer monitoring system authorized by the provisions of this section shall be designed and operated to allow the monitoring and reading of sales information regarding products containing pseudoephedrine, ephedrine and phenylpropanolamine at the point of sale instantly and on a real-time basis.
(4) The central computer monitoring system authorized by the provisions of this section shall be located within, and administered by the Bureau of Narcotics.
(5) The central computer monitoring system shall provide for the monitoring of sales of prescription and nonprescription compounds containing pseudoephedrine, ephedrine and phenylpropanolamine, and shall be capable of providing an online computer alert to ensure direct scrutiny by law enforcement officials of conditions that violate the provisions of this act.
(6) The provisions of this act shall not be construed to require that any pharmacy maintain the transaction records required under the provisions of this act separate from the log book that is required under 21 USCS Section 830(e). Use of the central computer monitoring system as required by this act shall be deemed to satisfy both of these purposes.
SECTION 5. (1) The acquisition, implementation, operation and maintenance of the central computer monitoring system described in this act shall be funded through appropriation, gifts, grants, donations or any other funding sources not otherwise prohibited by law.
(2) The Bureau of Narcotics and the Mississippi Sheriffs' Association may actively seek gifts, grants and donations that may be available through the federal government or other sources to help fund the central computer monitoring system, provided that those gifts, grants and donations are not otherwise prohibited by law.
(3) No fee shall be charged to any pharmacist or pharmacy to defray the costs of acquiring, implementing, or maintaining the central computer monitoring system as authorized by the provisions of this act, nor shall any fee be charged to any pharmacist or pharmacy for the transmission of information to the central computer monitoring system.
SECTION 6. (1) The Bureau of Narcotics shall share the information regarding the sale of prescription and nonprescription products containing pseudoephedrine, ephedrine or phenylpropanolamine as authorized by the provisions of this act and provide instant access to the Mississippi Sheriffs' Association.
(2) The Bureau of Narcotics is authorized to enter into a cooperative agreement, memorandum of understanding, contract or any other agreement with the Mississippi Sheriffs' Association, or any other law enforcement agency in order to share the information regarding the sale of products containing pseudoephedrine, ephedrine or phenylpropanolamine as authorized by the provisions of this act and to provide instant access to all appropriate law enforcement agencies.
SECTION 7. The Bureau of Narcotics shall provide access to the Mississippi State Board of Pharmacy of the information regarding the sale of products containing pseudoephedrine, ephedrine or phenylpropanolamine as authorized by the provisions of this act.
SECTION 8. The provisions of this act shall not be construed to require a pharmacist, certified pharmacy technician or pharmacy employee to prohibit or complete a sale of a product containing pseudoephedrine, ephedrine or phenylpropanolamine even if the pharmacist, certified pharmacy technician or other pharmacy employee observes a warning or signal from the central computer monitoring program which indicates that the purchaser has purchased those products in amounts which exceed the amount which can be purchased by law.
SECTION 9. A licensed health care professional with prescriptive authority who is licensed in this state shall be exempt from the requirements of the provisions of this act in dispensing any product containing pseudoephedrine, ephedrine or phenylpropanolamine to a patient.
SECTION 10. (1) The transmittal of sales transaction information pertaining to prescription and nonprescription products containing pseudoephedrine, ephedrine and phenylpropanolamine as authorized by the provisions of this act is contingent upon the acquisition, implementation and operation of the central computer monitoring system.
(2) No licensed pharmacist, certified pharmacy technician or pharmacy employee at a pharmacy located in Mississippi and permitted by the Mississippi State Board of Pharmacy shall be required to transmit data to the central computer monitoring system until the central computer monitoring system is fully operational.
(3) No pharmacy, licensed pharmacist, certified pharmacy technician, or pharmacy employee at a pharmacy located in Mississippi and permitted by the Mississippi State Board of Pharmacy shall be held responsible for failure to transmit transaction information as required by this act, if at any time the central computer monitoring system is rendered inoperable due to natural disaster, tampering, or any other reason.
SECTION 11. 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 41-29-315, it is unlawful for any person to knowingly or intentionally:
(i) Purchase, possess, transfer, manufacture, attempt to manufacture 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, manufacture, attempt to manufacture 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) The term "precursor drug or chemical" means a drug or chemical that, in addition to legitimate uses, may be used in manufacturing a controlled substance in violation of this chapter. The term includes any salt, optical isomer or salt of an optical isomer, whenever the existence of a 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. A "precursor drug or chemical" includes, but is not limited to, the following:
(i) Ether;
(ii) Anhydrous ammonia;
(iii) Ammonium nitrate;
(iv) Pseudoephedrine;
(v) Ephedrine;
(vi) Denatured alcohol (Ethanol);
(vii) Lithium;
(viii) Freon;
(ix) Hydrochloric acid;
(x) Hydriodic acid;
(xi) Red phosphorous;
(xii) Iodine;
(xiii) Sodium metal;
(xiv) Sodium hydroxide;
(xv) Muriatic acid;
(xvi) Sulfuric acid;
(xvii) Hydrogen chloride gas;
(xviii) Potassium;
(xix) Methanol;
(xx) Isopropyl alcohol;
(xxi) Hydrogen peroxide;
(xxii) Hexanes;
(xxiii) Heptanes;
(xxiv) Acetone;
(xxv) Toluene;
(xxvi) Xylenes;
(xxvii) Phenylpropanolamine.
(c) 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 or to break, cut, or in any manner damage the valve or locking mechanism on an anhydrous ammonia tank with the intent to steal or unlawfully take or carry away anhydrous ammonia.
(b) (i) 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.
(ii) The possession of any amount of anhydrous ammonia in a container unauthorized for containment of anhydrous ammonia under Section 75-57-9 shall be prima facie evidence of intent to use the anhydrous ammonia 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, ephedrine or phenylpropanolamine knowing, or under circumstances where one reasonably should know, that the pseudoephedrine, ephedrine or phenylpropanolamine 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, pseudoephedrine or phenylpropanolamine 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 subparagraph 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 subparagraph 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 subparagraph, 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 subparagraph (ii) 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) 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.
(4) 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.
(5) 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.
(6) 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 (6), 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 having four (4) or more dwelling units, including, without limitation, a condominium building.
(7) Any person who violates the provisions of this section who has in his possession any firearm, either at the time of the commission of the offense or at the time any arrest is made, may be subject to a term of imprisonment or a fine, or both, of twice that provided in this section.
(8) Any person who violates the provisions of this section upon any premises upon which any booby trap has been installed or rigged 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, the term "booby trap" means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. The term includes guns, ammunition or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices designed for the production of toxic fumes or gases.
SECTION 12. Section 41-29-315, Mississippi Code of 1972, is amended as follows:
41-29-315. (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.
(e) "Phenylpropanolamine" means phenylpropanolamine, its salts or optical isomers, or salts of optical isomers.
(2) (a) It is unlawful for any person, other than a physician, dentist, podiatrist, veterinarian or other licensed health care professional with prescriptive authority, or any person who possesses a sales and use tax permit issued by the State Tax Commission to knowingly transfer, sell, deliver, distribute, dispense or otherwise furnish in a single transaction a product containing pseudoephedrine base, ephedrine base or phenylpropanolamine base, except in a licensed pharmacy by a licensed pharmacist, a registered pharmacy technician or a pharmacy employee.
(b) Unless the product has been rescheduled under Sections 41-29-113 through 41-29-121, this section does not apply to a retail distributor's sale, for personal use, of a product that the Department of Health, in collaboration with the Mississippi State Board of Pharmacy, upon application of a manufacturer, exempts by rule because the product has been formulated in a manner as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or optical isomers.
(c) A retail establishment or individual shall not transfer, sell, deliver, distribute, dispense or provide to a consumer in a single day more than three and six-tenths (3.6) grams of pseudoephedrine base, ephedrine base or phenylpropanolamine base.
(d) No person shall purchase, receive, or otherwise acquire in a single day more than three and six-tenths (3.6) grams of pseudoephedrine base, ephedrine base or phenylpropanolamine base.
(e) Unless a valid prescription is issued by a licensed health care professional with prescriptive authority and presented by the individual into whose custody the product must be directly delivered, it is unlawful for a licensed pharmacist, registered pharmacy technician or a pharmacy employee to knowingly dispense, sell, transfer or otherwise furnish in a single transaction:
(i) More than three (3) packages of one or more products that contain pseudoephedrine base, ephedrine base or phenylpropanolamine base, or their salts or optical isomers, or salts of optical isomers; or
(ii) Any product containing pseudoephedrine base, ephedrine base or phenylpropanolamine base, unless:
1. The product is sold in a package size of not more than three and six-tenths (3.6) grams of pseudoephedrine base, ephedrine base or phenylpropanolamine base and is packaged in a blister pack, each blister containing not more than a total of two (2) dosage units per blister pack;
2. When the use of a blister pack is technically infeasible, the product is packaged in a unit dose packet or pouch; or
3. In the case of a liquid, the drug is sold in a package size of not more than three (3) grams of pseudoephedrine base, ephedrine base or phenylpropanolamine base. (f) No person shall purchase, receive, or otherwise acquire more than nine (9) grams of any compound, mixture or preparation containing pseudoephedrine base, ephedrine base or phenylpropanolamine base within any thirty-day period; this quantity limitation shall not apply to any quantity of compound, mixture or preparation containing pseudoephedrine, ephedrine or phenylpropanolamine dispensed in accordance with a valid prescription.
(g) (i) All packages of tablets containing pseudoephedrine, ephedrine or phenylpropanolamine shall be stored by retail establishments by placing the product behind a counter where the public does not have direct access.
(ii) The licensed pharmacist, registered pharmacy technician, other pharmacy employee or retailer shall deliver the product directly into the custody of the purchaser.
(iii) In accordance with criteria issued by the United States Attorney General and the criteria required under this subparagraph, the licensed pharmacist, registered pharmacy technician, other pharmacy employee or retailer shall maintain a written or electronic log of sales that identifies products by name, quantity sold, the name and address of purchasers, and the dates and times of the sales.
1. The seller shall determine that the name entered in the logbook corresponds to the name provided on the purchaser's proof of identification and that the date and time of purchase are correct.
2. The seller shall check that the name of products and quantity sold are correct.
3. The logbook must include, in accordance with criteria of the Attorney General, a notice to purchasers that entering false statements or misrepresentations in the logbook may subject purchasers to criminal penalties under 18 USCS Section 1001, which notice specifies the maximum fine and term of imprisonment under that section.
4. The seller shall maintain each entry in the logbook for not fewer than two (2) years after the date on which the entry is made.
5. Individuals who are responsible for delivering the products into the custody of purchasers or who deal directly with purchasers by obtaining payments for the products shall undergo training provided by the seller to ensure that the individuals understand the requirements as established by the Attorney General; certification of the training shall be submitted by the seller to the Attorney General.
6. The log requirements shall not apply to purchases of single sale packages containing no more than sixty (60) milligrams of pseudoephedrine.
(h) Every wholesaler of pseudoephedrine, ephedrine or phenylpropanolamine products shall provide the Bureau of Narcotics with copies of all sales receipts of those 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 nonliquid compound, mixture or preparation containing pseudoephedrine, ephedrine or phenylpropanolamine is limited to sales in blister packages containing not more than a total of two (2) dosage units per blister of pseudoephedrine, ephedrine or phenylpropanolamine; "dosage unit" shall have the meaning ascribed in Section 41-29-139.
(4) (a) Each pharmacy or retailer selling prescription or nonprescription products containing pseudoephedrine, ephedrine or phenylpropanolamine in compliance with this section shall require that the purchaser of the product or products, unless purchasing an exempt product under subsection (2)(b) of this section:
(i) Be at least eighteen (18) years of age;
(ii) Provide photographic identification by means of a document issued by a governmental agency that contains a description of the person or a photograph of the person, or both, and gives the person's date of birth; and
(iii) Sign a special written or electronic log that must be maintained as a record of the sale for inspection by any law enforcement officer or inspector of the Mississippi State Board of Pharmacy as required in subsection (2)(g)(iii) in order to complete the purchase.
(b) In lieu of providing a photo identification, the person purchaser may provide any two (2) of the following forms of identification:
(i) A credit card;
(ii) An insurance card;
(iii) A Medicaid or Medicare card; or
(iv) Any other form of government-issued identification card.
(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 under this section if the retailer documents that an employee training program was conducted to train employees on compliance with this section in accordance with the requirements of 21 USCS Section 830(e).
SECTION 13. Section 41-29-317, Mississippi Code of 1972, is amended as follows:
41-29-317. (1) The Bureau of Narcotics may develop and maintain a program to inform pharmacies and retailers about the methamphetamine problem in the state and devise procedures and forms for retailers to use in the central computer monitoring system authorized under Sections 4 through 10 of this act, to report to the Bureau of Narcotics suspicious purchases, thefts or other transactions involving any products under the pharmacy's or retailer's control which contain a regulated precursor under the provisions of Section 41-29-313 or 41-29-315 including, but not limited to, over-the-counter, nonprescription pseudoephedrine, ephedrine or phenylpropanolamine products.
(2) Reporting of information by retailers and pharmacies of suspected violations, as required by this section shall be voluntary; however, the provisions of this subsection do not exempt retailers and pharmacies from the requirements of recording and transmitting sales transaction information to the central computer monitoring system.
(3) Retailers and pharmacies reporting information to the Bureau of Narcotics in good faith under this section shall be immune from civil and criminal liability for a violation of Section 41-29-313 or 41-29-315.
SECTION 14. This act shall take effect and be in force from and after July 1, 2010.