Introduced Version






SENATE BILL No. 444

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-48-4-14.7.

Synopsis: Sale of methamphetamine precusor. Prohibits a person from selling more than two packages of a drug containing ephedrine or pseudoephedrine in one transaction, and requires that a drug containing ephedrine or pseudoephedrine be sold in a blister package containing not more than 48 tablets and not more than three grams of ephedrine or pseudoephedrine. Requires the package of a drug containing ephedrine or pseudoephedrine to be stored in a secure manner. Makes improper storage or sale of a drug containing ephedrine or pseudoephedrine a Class B infraction for the first offense and a Class A misdemeanor thereafter.

Effective: July 1, 2005.





Young R Michael, Bray, Broden, Server




    January 13, 2005, read first time and referred to Committee on Health and Provider Services.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 444



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-48-4-14.7; (05)IN0444.1.1. -->     SECTION 1. IC 35-48-4-14.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14.7. (a) This section does not apply to:
        (1) liquid ephedrine or pseudoephedrine;
        (2) ephedrine or pseudoephedrine dispensed under a prescription;
        (3) the sale of a drug containing ephedrine or pseudoephedrine to a licensed health care provider, pharmacist, retail distributor, wholesaler, manufacturer, or an agent of any of these persons if the sale occurs in the regular course of lawful business activities; or
        (4) the sale of a drug containing ephedrine or pseudoephedrine by a person who does not sell exclusively to walk-in customers for the personal use of the walk-in customers.

     (b) As used in this section, "constant video monitoring" means

the surveillance of an automated camera that:
        (1) records at least one (1) photograph or digital image every ten (10) seconds;
        (2) retains a photograph or digital image for at least seventy-two (72) hours;
        (3) has sufficient resolution and magnification to permit the identification of a person in the area under surveillance; and
        (4) stores a recorded photograph or digital image at a location that is immediately accessible to a law enforcement officer.
    (c) As used in this section, "ephedrine" means pure or adulterated ephedrine.
    (d) As used in this section, "liquid ephedrine or pseudoephedrine" means a drug that:
        (1) contains ephedrine or pseudoephedrine;
        (2) is in liquid, liquid capsule, or gel capsule form; and
        (3) has an active ingredient in addition to ephedrine or pseudoephedrine.

     (e) As used in this section, "multiple ingredient drug" means a drug having an active ingredient in addition to ephedrine or pseudoephedrine.
    (f) As used in this section, "pseudoephedrine" means pure or adulterated pseudoephedrine.
    (g) As used in this section, "single ingredient drug" means a drug having as the active ingredient only:
        (1) ephedrine;
        (2) pseudoephedrine; or
        (3) both ephedrine and pseudoephedrine.

     (h) A person may sell a single ingredient drug only if the person complies with the following conditions:
        (1) The drug is sold in a blister package that contains not more than:
            (A) forty-eight (48) capsules or tablets; and
            (B) three (3) grams of ephedrine or pseudoephedrine.
        (2) Not more than two (2) packages are sold in one (1) transaction.
        (3) The drug is kept behind a counter in a locked case.
    (i) A person may sell a multiple ingredient drug only if the person complies with subsection (h) or with the following conditions:
        (1) The drug is sold in a blister package that contains not more than:
            (A) forty-eight (48) capsules or tablets; and


            (B) three (3) grams of ephedrine or pseudoephedrine.
        (2) Not more than two (2) packages are sold in one (1) transaction.
        (3) If the sales transaction occurs at a self-service checkout station, the self-service checkout station prevents the person from purchasing more than:
            (A) one (1) package of the drug without the assistance of an employee; and
            (B) two (2) packages of the drug.
        (4) The person restricts access to the drug in one (1) or more of the following ways:
            (A) The person stores the drug in an area not accessible to a customer.
            (B) The person displays the drug in a locked case.
            (C) The person requires a customer to produce a state or federal identification card when purchasing the drug, and the person records the customer's identification in a log that:
                (i) may be inspected by a law enforcement official in accordance with state and federal law; and
                (ii) must be maintained for at least two (2) years.
            (D) The person adopts at least two (2) of the following restrictions:
                (i) The drug is stored not more than thirty (30) feet away from a checkout station or counter and is in the direct line of sight of an employee at the checkout station or counter.
                (ii) The drug is protected by a reliable anti-theft device that uses package tags and detection alarms designed to prevent theft.
                (iii) The drug is stored in restricted access shelving that permits a customer to remove not more than one (1) package every fifteen (15) seconds.
                (iv) The drug is store in an area that is under constant video monitoring, and a sign placed near the drug warns that the area is under constant video monitoring.
    (j) A person who violates this section commits a Class B infraction. However, the offense is a Class A misdemeanor if the person:
        (1) has a prior unrelated judgment or conviction under this section; and
        (2) knowingly or intentionally violates this section.

SOURCE: ; (05)IN0444.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2005] IC 35-48-4-14.7, as added by this act, applies only to an offense committed after June 30, 2005.