Report Title:

Controlled Substances

Description:

Requires distributors and wholesalers of drugs that contain ephedrine or pseudoephedrine to provide DPS with monthly sales reports concerning the sale and amounts of drugs sold; limits the amount of drugs containing ephedrine or pseudoephedrine that can be purchased in one transaction; establishes criminal penalties for violations by retailers. (SD1)

THE SENATE

S.B. NO.

829

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CONTROLLED SUBSTANCES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 328, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    . nonprescription drugs; sale and record keeping

§328-A Retail sales of drugs containing ephedrine or pseudoephedrine. (a) Retailers of over-the-counter medication that contains the active ingredients ephedrine or pseudoephedrine shall purchase these products from a distributor or wholesaler licensed by the department of public safety. Any retailer purchasing these products from a distributor or wholesaler from outside the State shall be presumed to be a distributor and wholesaler for purposes of this part and shall comply with the requirements of section 328-B.

(b) A retailer may sell a drug that contains the active ingredients ephedrine or pseudoephedrine provided that the retailer complies with the following conditions:

(1) The drug is sold in a container or package that contains not more than three grams of ephedrine base or pseudoephedrine base; and

(2) Not more than three packages are sold in one transaction.

(c) The retailer may also restrict access to drugs that contains the active ingredients ephedrine or pseudoephedrine as follows:

(1) Displaying the drug in an area not accessible to customers;

(2) Displaying the drug in a locked case;

(3) Displaying the drug not more than thirty feet away from a check-out station or counter that is in the direct line of sight of an employee at the check-out station or counter;

(4) Limiting the number of drugs displayed to five of each type of drug and allowing constant restocking of the drug;

(5) Protecting the package by a reliable anti-theft device that uses package tags and detection alarms designed to prevent thefts; or

(6) Displaying the drug in an area that is under constant video monitoring with signage placed near the drug that warns that the area is under constant video monitoring.

(d) Each retailer selling a drug that contains the active ingredients ephedrine or pseudoephedrine shall provide its employees with educational materials designed to educate its employees as to the basic ingredients and equipment necessary to manufacture methamphetamine. The department of public safety shall approve all educational programs.

§328-B Record keeping requirements; establishment of a database. (a) Distributors and wholesalers of drugs that contains the active ingredient of ephedrine or pseudoephedrine shall provide the department of public safety with monthly sales reports listing:

(1) The purchasing company's name and address;

(2) The name of the owner or officer of the purchasing company; and

(3) The brand name and amount of drugs sold to each purchasing company that contains the active ingredients ephedrine or pseudoephedrine.

(b) The department of public safety shall maintain a database of all wholesale and distributor sales of drugs that contains the active ingredients ephedrine or pseudoephedrine and shall provide copies of all monthly reports detailing a comparison of retail sales based upon the category of sale as well as the size and location of each retail establishment. These reports may also be used by law enforcement to determine compliance with this part.

(c) Any distributor or wholesaler that sells drugs that contains the active ingredient ephedrine or pseudoephedrine shall be prohibited from selling any drugs that contains the active ingredients ephedrine or pseudoephedrine to any retailer convicted of violating this part for a one year period.

§328-C Unauthorized sale of ephedrine or pseudoephedrine; criminal penalties. (a) Any retailer selling a drug that contains the active ingredients ephedrine or pseudoephedrine that exceeds the amounts and packaging requirements set forth in section 328-A commits the offense of unauthorized sale of ephedrine or pseudoephedrine and shall be prohibited from purchasing for resale any drugs that contains the active ingredients ephedrine or pseudoephedrine for a one year period.

(b) Unauthorized sale of ephedrine or pseudoephedrine is a misdemeanor.

(c) It shall be a complete defense to the offense of unauthorized sale of ephedrine or pseudoephedrine if, at the time of the transaction, the retail employee, acting in a good faith, reasonably believed that the sale of the drug satisfied the requirements of section 328-A.

§328-D Rulemaking authority. The department of public safety shall adopt rules pursuant to chapter 91 in carrying out the purposes and enforcing the provisions of this part."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act shall take effect upon its approval.