USA - Federal psedoephedrine laws

[beentheredonethatagain]

FEDERAL LAW

In early 2006, the US Congress passed the “Combat Methamphetamine Epidemic Act of 2005.”

n Effective April 8, 2006:

§ Daily sales are limited to 3.6 Grams of the base product; and

§ Monthly sales are limited to 9 Grams of the base product.

n Effective September 30, 2006, sales restrictions will apply to all dosage forms of the products, including liquids, liquid capsules, or liquid gel capsules;


§ Sellers must maintain a logbook, written or electronic, to record sales of products containing ephedrine, pseudoephedrine, or phenylpropanolamine. The seller must enter into the logbook the name of the product, and quantity sold. The customer must write or enter into the logbook their name, address, date, and time of sale. The customer must also sign the logbook. You may not sell the product unless these requirements are met.


§ Sellers, must be "self-certified" before selling these products and must comply with all provisions of the CMEA relating to employee training, product placement, photo identification of customers, sales logbooks, and other procedures listed in the law. DEA has provided detailed training instructions for use in explaining a sellers obligations on its website

www.tsbp.state.tx.us/pseudoephedrine.htm

[Spyder]

Thanks for posting!!

SwiS seems to recall that he read these logs are to be kept for 2 years?? (Not sure)

SwiS is guessing that this means even if the logs are not centralized/shared if an infraction is not noticed it could be 2 years down the road and bang! they getcha...

This would probably only be in the case where a person was already in trouble and they were stacking on additional charges....(Which is what SwiS was told by his local Pharm., that the log would only be used in a case where the person was busted and then they went around to the logs to see what they were up to....)

Anyway...if anyone can confirm the holding time for the logs, would be appreciated...
Thanks SwiBTDTA.....also for the contribution to SwiS's Pseudo log thread...appreciated!

[whyme]

This small city police went through and put together a data base of how many pills people bought and then arrested like 30 people for over the limit purchase of products. The city was very proud of the number

[ShawnD]

Originally Posted by whyme

This small city police went through and put together a data base of how many pills people bought and then arrested like 30 people for over the limit purchase of products. The city was very proud of the number

I would bet 29 of them were legitimate arrests. Read the OP again:
"Monthly sales are limited to 9 Grams of the base product."

9 grams of pseudoephedrine is literally 900 Sudafed pills, that's like 30 pills per day. Even a healthy person with a good strong heart is very likely to have a heart attack when taking that much. Maybe 1 of the people arrested was buying a huge supply on behalf of a large group, but the other 29 were probably making meth.

It sucks that this is inconvenient for the >99% of people who legally use Sudafed, but it gets really hard to argue against these kinds of laws when they sometimes get results.

[Spyder]

This is very interesting and has been the topic of alot of discussion? Where/Who? has these databases???

Do SwiY have a reference for this? Where it happened? When it happened? Please post a link or just a basic ref. if possible, SwiS would really like to read a bit more about this.

SwiS had actually started another thread on this to try and learn more, if SwiY have more to add it would be appreciated:
http://www.drugs-forum.com/forum/showthread.php?t=57218

Appreciate it.....Thanks.....S

PS: if SwiAnyone has a reference for the time these can/are kept would also be interesting to know.

[Beanfondler]

Swiy'd be surprised what can be done to them now that protection of various historical documents is gone the masochist may even find the experiences to be enjoyable.

[whyme]

http://www.hutchnews.com/Todaystop/pills

Here is link to news paper story of event that was requested. There is one more story on April 17th 2008 but can't find like.

whyme added 20 Minutes and 51 Seconds later...

oops sorry link.... still looking...

Reputation Comments on this post:

GOOD ARTICLE, nice way to begin

[old hippie 56]

Pushing the envelope IMHO, the people must know the rules by now, why keep pushing their luck.

[Spyder]

Thank you for the link....This is really the first case that SwiS has read that involved a scanning for the pharm. logs before someone was under suspicion. Previously, they would only use these logs if they knew who they were looking for. Now, to go through these logs...ouch.

Bottomline....SwiS now really agrees with SwiOldHip....why push the luck.....Buying at the limit over time vs. a couple days of power shopping really arn't that different to begin with.

Best regards all.....S

[Lunar Loops]

Notice of proposed revised 2008 assessment of annual needs for the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine from the DEA website:

DEPARTMENT OF JUSTICE

Drug Enforcement Administration
[Docket No. DEA-306R]

Proposed Revised Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2008

AGENCY: Drug Enforcement Administration (DEA), Justice.

ACTION: Notice of proposed revised 2008 assessment of annual needs for the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine.

SUMMARY: This notice proposes revised 2008 assessment of annual needs for the List I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine.

DATES: Written comments must be postmarked, and electronic comments must be sent, on or before July 23, 2008.

ADDRESSES: To ensure proper handling of comments, please reference "Docket No. DEA-306R'' on all written and electronic correspondence. Written comments being sent via regular mail should be sent to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative/ODL. Written comments sent via express mail should be sent to DEA Headquarters, Attention: DEA Federal Register Representative/ODL, 8701 Morrissette Drive, Springfield, VA 22152. Comments may be directly sent to DEA electronically by sending an electronic message to dea.diversion.policy@usdoj.gov. However, persons wishing to request a hearing should note that such requests must be written and manually signed; requests for a hearing will not be accepted via electronic means. DEA will accept attachments to electronic comments in Microsoft Word, WordPerfect, Adobe PDF, or Excel file formats only. DEA will not accept any file format other than those specifically listed here.

FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, Ph.D., Chief, Drug and Chemical Evaluation Section, Drug Enforcement Administration, Washington, DC 20537, Telephone: (202) 307-7183.

SUPPLEMENTARY INFORMATION: Section 713 of the Combat Methamphetamine Epidemic Act of 2005 (Title VII of Pub. L. 109-177) (CMEA) amended Section 306 of the Controlled Substances Act (CSA) (21 U.S.C. 826) by adding ephedrine, pseudoephedrine, and phenylpropanolamine to existing language to read as follows: "The Attorney General shall determine the total quantity and establish production quotas for each basic class of controlled substance in schedules I and II and for ephedrine, pseudoephedrine, and phenylpropanolamine to be manufactured each calendar year to provide for the estimated medical, scientific, research, and industrial needs of the United States, for lawful export requirements, and for the establishment and maintenance of reserve stocks.'' Further, 715 of CMEA amended 21 U.S.C. 952 "Importation of controlled substances'' by adding the same List I chemicals to the existing language in paragraph (a), and by adding a new paragraph (d) to read as follows:

(a) Controlled substances in schedule I or II and narcotic drugs in schedule III, IV, or V; exceptions

It shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any controlled substance in schedule I or II of Subchapter I of this chapter, or any narcotic drug in schedule III, IV, or V of Subchapter I of this chapter, or ephedrine, pseudoephedrine, and phenylpropanolamine, except that--

(1) such amounts of crude opium, poppy straw, concentrate of poppy straw, and coca leaves, and of ephedrine, pseudoephedrine, and phenylpropanolamine, as the Attorney General finds to be necessary to provide for medical, scientific, or other legitimate purposes, and

* * * * *

(d)(1) With respect to a registrant under Section 958 who is authorized under subsection (a)(1) to import ephedrine, pseudoephedrine, or phenylpropanolamine, at any time during the year the registrant may apply for an increase in the amount of such chemical that the registrant is authorized to import, and the Attorney General may approve the application if the Attorney General determines that the approval is necessary to provide for medical, scientific, or other legitimate purposes regarding the chemical.

Editor's Note: This excerpt of the amendment is published for the convenience of the reader. The official text is published at 21 U.S.C. 952(a) and (d)(1).

On December 27, 2007, a notice was published in the Federal Register which established the assessment of annual needs for the List I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine (72 FR 73361). Pursuant to 21 CFR 1315, the Deputy Administrator of the DEA will, in early 2008, adjust the assessment of annual needs and individual importing and manufacturing quotas allocated for the year based upon 2007 year-end inventory and 2007 disposition data supplied by quota recipients for ephedrine, pseudoephedrine, and phenylpropanolamine, and other information available to the DEA.

The proposed revised 2008 assessment of annual needs represents those quantities of ephedrine, pseudoephedrine, and phenylpropanolamine which may be manufactured domestically and/or imported into the United States to provide adequate supplies of each substance for: The estimated medical, scientific, research, and industrial needs of the United States; lawful export requirements; and the establishment and maintenance of reserve stocks.

Therefore, under the authority vested in the Attorney General by Section 306 of the CSA (21 U.S.C. 826), and delegated to the Administrator of the DEA by 28 CFR 0.100, and redelegated to the Deputy Administrator pursuant to 28 CFR 0.104, the Deputy Administrator hereby proposes the following revised 2008 assessment of annual needs for the List I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine for 2008, expressed in grams of anhydrous base:



All interested persons are invited to submit their comments in writing or electronically regarding this proposal following the procedures in the ADDRESSES section of this document. A person may object to or comment on the proposal relating to any of the above- mentioned substances without filing comments or objections regarding the

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others. If a person believes that one or more of these issues warrant a hearing, the individual should so state and summarize the reasons for this belief. Persons wishing to request a hearing should note that such requests must be written and manually signed; requests for a hearing will not be accepted via electronic means. In the event that comments or objections to this proposal raise one or more issues which the Deputy Administrator finds warrant a hearing, the Deputy Administrator shall order a public hearing by notice in the Federal Register, summarizing the issues to be heard and setting the time for the hearing as per 21 CFR 1315.13(e).

Regulatory Certifications

Regulatory Flexibility Act

The Deputy Administrator hereby certifies that this action will not have a significant economic impact upon small entities whose interests must be considered under the Regulatory Flexibility Act, 5 U.S.C. 601- 612. The establishment of the assessment of annual needs for ephedrine, pseudoephedrine and phenylpropanolamine is mandated by law. The assessments are necessary to provide for the estimated medical, scientific, research and industrial needs of the United States, for lawful export requirements, and the establishment and maintenance of reserve stocks. Accordingly, the Deputy Administrator has determined that this action does not require a regulatory flexibility analysis.

Executive Order 12866

The Office of Management and Budget has determined that notices of assessment of annual needs are not subject to centralized review under Executive Order 12866.

Executive Order 13132

This action does not preempt or modify any provision of state law; nor does it impose enforcement responsibilities on any state; nor does it diminish the power of any state to enforce its own laws. Accordingly, this action does not have federalism implications warranting the application of Executive Order 13132.

Executive Order 12988

This action meets the applicable standards set forth in Sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform.

Unfunded Mandates Reform Act of 1995

This action will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $120,000,000 or more in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

Congressional Review Act

This action is not a major rule as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This action will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets.

Dated: June 6, 2008.
Michele M. Leonhart,
Deputy Administrator.

[Spyder]

Thanks swiLL, but What in the World does all this mean??? it's almost painful to read....damn gov't, plus the table shows no difference between the orginal #'s and the new proposed??? Some DillWeed probably getting paid 100K/yr typing this shit up, for what....Nothing!

Is this saying that the gov't is regulating the amount manufactured? SwiS thought that the purchase limits, etc. were the regulatory tool, not a gov't mandated max limit???

Thanks for the info though.....S

[Spyder]

Regular OTC cold pills are usually 30mg Pseudo, therefore, 9gr is equal to 300pills, not 900.

SwiS can easily take 6-8 per day during cold season, which is very close to the limit.

Now imagine a mother buying for a family, what is she supposed to do, haul each family member down there to sign the log book? come on? A family of 4 with a cold would EASILY exceed the limit.

SwiS is not suggesting that laws like this can't get the results "THEY" want, but it blankets everyone else in the process, what's next??? is what people should be asking themselves.
S

[Lunar Loops]

It is rather confusing, but I think the important part is the following:

"The proposed revised 2008 assessment of annual needs represents those quantities of ephedrine, pseudoephedrine, and phenylpropanolamine which may be manufactured domestically and/or imported into the United States to provide adequate supplies of each substance for: The estimated medical, scientific, research, and industrial needs of the United States; lawful export requirements; and the establishment and maintenance of reserve stocks."

This is only a proposal and they are asking for any interested parties to comment on the proposal.

As for the table, SWILL checked the official site and it is the same table. Assuming no error, then all you may deduce is that the revision involved no change in quantities proposed.

[Spyder]

Thanks swiLL!! IMO, this is just totally crazy. When the gov't is going to regulate how much of a legal --- repeat LEGAL --- (even though it's behind the counter, it's still legal) --anyway, how much Legal chem. can be produced/imported, without letting the free market system dictate......swiS seems to recall from history class that this is called Communism.......swiWE can all joke about it and all, but bottom line is deadly serious for erosion of the rights we once had.

comments? Thanks again........S

[ShawnD]

Doesn't the US still not have restrictions on normal ephedrine? One could probably buy that instead. It's cheap too.

I can't vouch for that site, nor do I know any valid American websites, but the price in that link is the same price as a valid Canadian website I've used before. Best place to hunt for valid online stores is probably a weight loss or body building forum.

[Spyder]

swiS is totally confused!!!! He has read all this stuff and then see's web sites such as swiSD has shown? What in the world? swiS is assuming that although these products are available online, the purchase limits still apply?

swiS knows that at the Gas station, where they used to sell the big bottles of "Mini thins", now sell blister packs with like 5-6 pills in them....Works out to like 10x cost per gram....wow!

swiS would love to hear from someone with experience on these sites (in general / theoretical or course). As stated, swiS is assuming that if a purchase was made on one of these sites, they would not ship more than 9gr/mo to an address?

Bottomline, Ephedrine HCL & Pseudo are covered by the same laws, log book, limits, etc. Wonder where these "internet companies" are located? looks like U.S. therefore-purchase limit.

Thanks for the input SD!..............S

[old hippie 56]

The DEA probably got their nose in their customer list, checking to see who been naughty.

[Spyder]

Yea, good point OldHip...swiS figures that the company being U.S. based, is required to keep the good ole' "Log Book", which would be available to authorities?

[Spyder]

This may sound like a stupid question, but it could make a difference:

How is the monthly limit calculated, does this mean 9gr each calender month, or someone can't purchase this amount in any 30 day stretch?????

Anyone have any thoughts??