Citations Affected: IC 35-48-4-14.7.
Synopsis: Ephedrine and pseudoephedrine sales. Makes it a Class C
misdemeanor for a person to knowingly or intentionally purchase drugs
containing more than 28.8 grams of ephedrine or pseudoephedrine, or
both, in a one year period. Allows a local government unit to adopt an
ordinance that provides that a retailer may sell a drug that contains the
active ingredient of ephedrine, pseudoephedrine, or both, only if the
sale is made pursuant to a prescription.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Courts and Criminal Code.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
by a person who does not sell exclusively to walk-in customers for
the personal use of the walk-in customers. However, if the person
described in this subdivision is a retail distributor, wholesaler, or
manufacturer, the person is required to report a suspicious order
to the state police department in accordance with subsection (f).
(b) The following definitions apply throughout this section:
(1) "Constant video monitoring" means the surveillance by an
automated camera that:
(A) records at least one (1) photograph or digital image every
ten (10) seconds;
(B) retains a photograph or digital image for at least
seventy-two (72) hours;
(C) has sufficient resolution and magnification to permit the
identification of a person in the area under surveillance; and
(D) stores a recorded photograph or digital image at a location
that is immediately accessible to a law enforcement officer.
(2) "Convenience package" means a package that contains a drug
having as an active ingredient not more than sixty (60) milligrams
of ephedrine or pseudoephedrine, or both.
(3) "Ephedrine" means pure or adulterated ephedrine.
(4) "Pseudoephedrine" means pure or adulterated
pseudoephedrine.
(5) "Retailer" means a grocery store, general merchandise store,
drug store, or other similar establishment where ephedrine or
pseudoephedrine products are available for sale.
(6) "Suspicious order" means a sale or transfer of a drug
containing ephedrine or pseudoephedrine if the sale or transfer:
(A) is a sale or transfer that the retail distributor, wholesaler,
or manufacturer is required to report to the United States Drug
Enforcement Administration;
(B) appears suspicious to the retail distributor, wholesaler, or
manufacturer in light of the recommendations contained in
Appendix A of the report to the United States attorney general
by the suspicious orders task force under the federal
Comprehensive Methamphetamine Control Act of 1996; or
(C) is for cash or a money order in a total amount of at least
two hundred dollars ($200).
(7) "Unusual theft" means the theft or unexplained disappearance
from a particular retail store of drugs containing ten (10) grams or
more of ephedrine, pseudoephedrine, or both in a twenty-four (24)
hour period.
(c) This subsection does not apply to a convenience package. A
retailer may sell a drug that contains the active ingredient of ephedrine,
pseudoephedrine, or both only if the retailer complies with the
following conditions:
(1) The retailer does not sell the drug to a person less than
eighteen (18) years of age.
(2) The retailer does not sell drugs containing more than:
(A) three and six-tenths (3.6) grams of ephedrine or
pseudoephedrine, or both, to one (1) individual on one (1) day;
or
(B) seven and two-tenths (7.2) grams of ephedrine or
pseudoephedrine, or both, to one (1) individual in a thirty (30)
day period; or
(C) twenty-eight and eight-tenths (28.8) grams of
ephedrine or pseudoephedrine, or both, to one (1)
individual in a one (1) year period.
(3) The retailer requires:
(A) the purchaser to produce a valid government issued photo
identification card showing the date of birth of the person;
(B) the purchaser to sign a written or electronic log attesting
to the validity of the information; and
(C) the clerk who is conducting the transaction to initial or
electronically record the clerk's identification on the log.
Records from the completion of a log must be retained for at least
two (2) years. A law enforcement officer has the right to inspect
and copy a log or the records from the completion of a log in
accordance with state and federal law. A retailer may not sell or
release a log or the records from the completion of a log for a
commercial purpose. The Indiana criminal justice institute may
obtain information concerning a log or the records from the
completion of a log from a law enforcement officer if the
information may not be used to identify a specific individual and
is used only for statistical purposes. A retailer who in good faith
releases information maintained under this subsection is immune
from civil liability unless the release constitutes gross negligence
or intentional, wanton, or willful misconduct.
(4) The retailer maintains a record of information for each sale of
a nonprescription product containing pseudoephedrine or
ephedrine. Required information includes:
(A) the name and address of each purchaser;
(B) the type of identification presented;
(C) the governmental entity that issued the identification;
(D) the identification number; and
to a third party unless the retailer has violated a provision of this
section and the third party brings an action based on the retailer's
violation of this section.
(k) The following requirements apply to the NPLEx:
(1) Information contained in the NPLEx may be shared only with
law enforcement officials.
(2) A law enforcement official may access Indiana transaction
information maintained in the NPLEx for investigative purposes.
(3) NADDI may not modify sales transaction data that is shared
with law enforcement officials.
(4) At least one (1) time per week, NADDI shall forward Indiana
data contained in the NPLEx, including data concerning a
transaction that could not be completed due to the issuance of a
stop sale alert, to the state police department.
(l) A unit (as defined in IC 36-1-2-23) may adopt an ordinance
that provides that a retailer may sell a drug that contains the active
ingredient of ephedrine, pseudoephedrine, or both, only if the sale
is made pursuant to a prescription.