Methamphetamine precursors.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0223

HOUSE BILL
NO.
HB0100

Methamphetamine precursors.

Sponsored by:
Representative(s) Thompson and Senator(s) Boggs and Job

A BILL

for

AN ACT relating to controlled substances; imposing restrictions on the sale of products containing pseudoephedrine; restricting the amount of product that may be acquired within a certain period of time; granting rulemaking authority; providing for the exemption of products from the restrictions imposed; providing penalties; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 35
‑
7
‑
1061 is created to read:

35
‑
7
‑
1061.

Methamphetamine precursors.

(a)

Any material, compound, mixture or preparation which contains any detectable quantity of pseudoephedrine, its salts or optical isomers, unless specifically exempted or excluded, is to be dispensed, sold and distributed in a pharmacy as follows:

(i)

It shall be dispensed, sold and distributed only by a licensed pharmacist or a licensed pharmacy technician; and

(ii)

Any person purchasing, receiving or otherwise acquiring any pseudoephedrine compound, mixture or preparation shall produce a photo identification showing the date of birth of the person and shall sign a written log or receipt showing the date of the transaction, name of the person and the amount of the compound, mixture or preparation.

(b)

No person shall purchase, receive or otherwise acquire more than nine (9) grams of any pseudoephedrine product, mixture or preparation within any thirty (30) day period. Provided, this limit shall not apply to any quantity of such product, mixture or preparation dispensed pursuant to a valid prescription. Any person who knowingly or intentionally possesses or attempts to possess more than nine (9) grams of any pseudoephedrine product, mixture or preparation within a thirty (30) day period, other than pursuant to a valid prescription, is guilty of a misdemeanor and shall be punished by imprisonment not to exceed six (6) months in the county jail or by a fine not to exceed one thousand dollars ($1,000.00), or both.

(c)

Any compounds, mixtures or preparations in liquid, liquid capsule or gel capsule form in which pseudoephedrine is not the only active ingredient shall not be subject to subsections (a) and (b) of this section.

(d)

The Wyoming state board of pharmacy, by rule, may exempt other products from subsections (a) and (b) of this section which the board finds are not used in the illegal manufacture of methamphetamine or other controlled dangerous substances. A manufacturer of a drug product may apply for their product to be exempt from subsections (a) and (b) of this section if the product is determined by the board to have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine.

Section 2.

This act is effective July 1, 2005.

(END)

1
HB0100