Methamphetamine ingredient control.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0422

HOUSE BILL
NO.
HB0249

Methamphetamine ingredient control.

Sponsored by:
Representative(s) Bucholz

A BILL

for

AN ACT relating to the Wyoming Controlled Substances Act; providing for denial of release on bail for specified violations; providing procedures for sale of psuedoephedrine; establishing an amount of product that may be acquired within certain period of time; providing exceptions; and providing for an effective date.

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

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

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1061.

Control of controlled substance precursors.

(a)

If any compound, mixture or other preparation containing any detectible quantity of psuedoephedrine, its salts or optical isomers, unless specifically exempted or excluded is dispensed, sold or distributed in a pharmacy:

(i)

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

(ii)

Any person purchasing, receiving or otherwise acquiring any compound, mixture or preparation containing any detectible quantity of psuedoephedrine, its salts or optical isomers shall produce a photo identification showing the date of birth of the person and shall sign a written log 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 product, mixture or preparation containing any detectible quantity of psuedoephedrine, its salts or optical isomers within any thirty (30) day period.

(c)

The provisions of this section shall not apply to any compounds, mixtures or preparations containing pseudoephedrine which are in liquid, liquid capsule or gel capsule form if pseudoephedrine is not the only active ingredient.

(d)

A person convicted of a violation of this section is guilty of a crime and shall be punished by imprisonment not to exceed one (1) year in jail or by a fine not to exceed one thousand dollars ($1,000.00), or both.

Section 2.
W.S. 5
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132(a), 35
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1059(a) by creating a new paragraph (v) and by creating a new subsection (e) and 35
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1060(a) and (b) are amended to read:

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132.

Authority to set bail; preliminary examinations.

(a)

Judges and magistrates of the circuit court are authorized to set bail before trial in accordance with this subsection and with the rules of the Wyoming supreme court. Judges and magistrates of the circuit court shall have the power and the duty to decide promptly the bail application of any person arrested for a violation of state law within the county, whether or not the formal document charging the person with a violation of state law has been filed with the court.
In determining bail or conditions of release for persons arrested for a violation of W.S. 35
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1059, the judge, magistrate or court shall consider any evidence that the person is in any manner dependent upon a controlled substance or has a pattern of regular illegal use of any controlled substance. A rebuttable presumption that no conditions of release on bond would assure the safety of the community or any person therein shall arise if the state shows, by a preponderance of the evidence:

(i)

The person was arrested for a violation of W.S. 35
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1059 relating to clandestine laboratory operations, or possessing any of the substances listed in W.S. 35
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1058(a)(vi) and (vii) with the intent to engage in a clandestine laboratory operation; and

(ii)

The person is in any manner dependent upon a controlled substance or has a pattern of regular illegal use of a controlled substance, and the violation referred to in paragraph (i) of this subsection was committed or attempted in order to maintain or facilitate the dependence or pattern of illegal use in any manner.

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1059.

Unlawful clandestine laboratory operations; unlawful possession of ingredients; penalties.

(a)

It is unlawful for any person to knowingly or intentionally:

(v)

Possess a drug product or products containing more than nine (9) grams of
psuedoephedrine, its salts or optical isomers
unless the person lawfully possesses the drug products in the course of legitimate business and is:

(A)

A retail distributor or wholesaler of drug products; or

(B)

A wholesale distributor, or its agent, licensed by the board of pharmacy.

(e)

The commissioner of drugs and substances control may, by rule and regulation, exempt other products from the List I or II controlled substance precursors lists which the commissioner finds are not used in the illegal manufacture of methamphetamine or other controlled substances. A manufacturer of a drug product may apply for removal of the product from the List I or II controlled substance precursor lists if the product is determined by the commissioner to have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or other controlled substances.

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1060.

Controlled substances prescription tracking program.

(a)

In addition to other duties and responsibilities as provided by this act, the board shall maintain a computerized program to track prescriptions for controlled substances
and logs required under W.S. 35
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1061(a)(ii)
for the purposes of assisting patients, practitioners and pharmacists to avoid inappropriate use of controlled substances and of assisting with the identification of illegal activity related to the dispensing of controlled substances. The tracking program and any data created thereby shall be administered by the board, and the board may charge reasonable fees to help defray the costs of operating the program. Any fee shall be included with and in addition to other registration fees established by the board as authorized in W.S. 35
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1023.

(b)

All prescriptions for schedule II, III and IV controlled substances dispensed by
, and logs required under W.S. 35
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1061(a)(ii) held by
any retail pharmacy licensed by the board shall be filed with the board electronically or by other means required by the board. The board may require the filing of other prescriptions and may specify the manner in which the prescriptions
and logs
are filed.

Section 2.
Fifty thousand dollars ($50,000.00) is appropriated from the budget reserve account to the board of pharmacy for the purpose of expanding its computerized program to track logs required under W.S. 35
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1061(a)(ii) as provided in this act.

Section 3.
This act is effective July 1, 2005.

(END)

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HB0249