Bill Text: IN SB0496 | 2013 | Regular Session | Amended
Bill Title: Control of ephedrine and pseudoephedrine.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2013-05-13 - Public Law 193 [SB0496 Detail]
Download: Indiana-2013-SB0496-Amended.html
Citations Affected: IC 35-31.5; IC 35-46; IC 35-48.
Synopsis: Control of ephedrine and pseudoephedrine. Specifies that
ephedrine or pseudoephedrine: (1) may be sold only by a pharmacy or
a retailer that uses the NPLEx tracking systemProvides that: (1) a
pharmacy may not sell more than 61.2 grams of ephedrine or
pseudoephedrine to an individual in a 365 day period; and (2) an
individual may not purchase more than 61.2 grams of ephedrine or
pseudoephedrine in a 365 day period. Prohibits a person convicted of
certain offenses involving methamphetamine from possessing
ephedrine, pseudoephedrine, or phenylpropanolamine within seven
years of the person's conviction, unless dispensed under a prescription.
Increases the penalty for furnishing methamphetamine precursors to
another person with knowledge that the recipient will use the
precursors to manufacture controlled substance if the person furnishes
more than 10 grams of certain precursors. Removes a provision
requiring certain signage where ephedrine or pseudoephedrine is sold.
Makes it a Class B felony if a person damages certain property by fire
or explosion while possessing more than ten grams of ephedrine,
pseudoephedrine, or phenylpropanolamine, and increases the penalty
to a Class A felony if the person causes a fire or explosion that results
in serious bodily injury to another person.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Corrections & Criminal
Law.
January 31, 2013, amended, reported favorably _ Do Pass.
February 5, 2013, read second time, amended, ordered engrossed.
February 6, 2013, engrossed.
February 7, 2013, pursuant to Senate Rule 35(c), Technical Correction.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
IC 35-48-4-14.7, has the meaning set forth in IC 35-48-4-14.7(b)(7)
IC 35-48-4-14.7.
(1) places the dependent in a situation that endangers the dependent's life or health;
(2) abandons or cruelly confines the dependent;
(3) deprives the dependent of necessary support; or
(4) deprives the dependent of education as required by law;
commits neglect of a dependent, a Class D felony.
(b) However, the offense is:
(1) a Class C felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and:
(A) results in bodily injury; or
(B) is:
(i) committed in a location where a person is violating IC 35-48-4-1 (delivery, financing, or manufacture of cocaine
(ii) the result of a violation of IC 35-48-4-1 (delivery, financing, or manufacture of cocaine
(2) a Class B felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and results in serious bodily injury;
(3) a Class A felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) by a person at least eighteen (18) years of age and results in the death of a dependent who is less than fourteen (14) years of age; and
(4) a Class C felony if it is committed under subsection (a)(2) and consists of cruel confinement or abandonment that:
(A) deprives a dependent of necessary food, water, or sanitary facilities;
(B) consists of confinement in an area not intended for human habitation; or
(C) involves the unlawful use of handcuffs, a rope, a cord, tape, or a similar device to physically restrain a dependent.
(c) It is a defense to a prosecution based on an alleged act under this
section that:
(1) the accused person left a dependent child who was, at the time
the alleged act occurred, not more than thirty (30) days of age
with an emergency medical provider who took custody of the
child under IC 31-34-2.5 when:
(A) the prosecution is based solely on the alleged act of
leaving the child with the emergency medical services
provider; and
(B) the alleged act did not result in bodily injury or serious
bodily injury to the child; or
(2) the accused person, in the legitimate practice of the accused
person's religious belief, provided treatment by spiritual means
through prayer, in lieu of medical care, to the accused person's
dependent.
(d) Except for property transferred or received:
(1) under a court order made in connection with a proceeding
under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or IC 31-1-11.5
or IC 31-6-5 before their repeal); or
(2) under section 9(b) of this chapter;
a person who transfers or receives any property in consideration for the
termination of the care, custody, or control of a person's dependent
child commits child selling, a Class D felony.
(1) Ephedrine.
(2) Pseudoephedrine.
(3) Phenylpropanolamine.
(4) The salts, isomers, and salts of isomers of a substance identified in subdivisions (1) through (3).
(5) Anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1).
(6) Organic solvents.
(7) Hydrochloric acid.
(8) Lithium metal.
(9) Sodium metal.
(10) Ether.
(11) Sulfuric acid.
(12) Red phosphorous.
(13) Iodine.
(14) Sodium hydroxide (lye).
(15) Potassium dichromate.
(16) Sodium dichromate.
(17) Potassium permanganate.
(18) Chromium trioxide.
(19) Benzyl cyanide.
(20) Phenylacetic acid and its esters or salts.
(21) Piperidine and its salts.
(22) Methylamine and its salts.
(23) Isosafrole.
(24) Safrole.
(25) Piperonal.
(26) Hydriodic acid.
(27) Benzaldehyde.
(28) Nitroethane.
(29) Gamma-butyrolactone.
(30) White phosphorus.
(31) Hypophosphorous acid and its salts.
(32) Acetic anhydride.
(33) Benzyl chloride.
(34) Ammonium nitrate.
(35) Ammonium sulfate.
(36) Hydrogen peroxide.
(37) Thionyl chloride.
(38) Ethyl acetate.
(39) Pseudoephedrine hydrochloride.
(b) A person who possesses more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated, commits a Class D felony. However, the offense is:
(1) a Class C felony if the person possessed:
(2) a Class B felony if the person, while possessing more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated, damages:
(A) a dwelling of another person without the other person's consent;
(B) property of any person under circumstances that endanger human life;
(C) property of another person without the other person's consent if the pecuniary loss is at least five thousand dollars ($5,000); or
(D) a structure used for religious worship without the consent of the owner of the structure;
by means of fire or explosion; or
(3) a Class A felony if the person, while possessing more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated, causes a fire or explosion that results in serious bodily injury to another person.
(c) A person who possesses anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with the intent to manufacture methamphetamine or amphetamine, schedule II controlled substances under IC 35-48-2-6, commits a Class D felony. However, the offense is a Class C felony if the person possessed:
(1) a firearm while possessing anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with intent to manufacture methamphetamine or amphetamine, schedule II controlled substances under IC 35-48-2-6; or
(2) anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with intent to manufacture methamphetamine or amphetamine, schedule II controlled substances under IC 35-48-2-6, in, on, or within one thousand (1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(d) Subsection (b) does not apply to a:
(1) licensed health care provider, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman, or common carrier or an agent of any of these persons if the possession is in the regular course of lawful business activities; or
(2) person who possesses more than ten (10) grams of a substance described in subsection (b) if the substance is possessed under circumstances consistent with typical medicinal or household use, including:
(A) the location in which the substance is stored;
(B) the possession of the substance in a variety of:
(i) strengths;
(ii) brands; or
(iii) types; or
(C) the possession of the substance:
(i) with different expiration dates; or
(ii) in forms used for different purposes.
(e) A person who possesses two (2) or more chemical reagents or precursors with the intent to manufacture a controlled substance commits a Class D felony.
(f) An offense under subsection (e) is a Class C felony if the person possessed:
(1) a firearm while possessing two (2) or more chemical reagents or precursors with intent to manufacture a controlled substance; or
(2) two (2) or more chemical reagents or precursors with intent to manufacture a controlled substance in, on, or within one thousand (1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(g) A person who sells, transfers, distributes, or furnishes a chemical reagent or precursor to another person with knowledge or the intent that the recipient will use the chemical reagent or precursors to manufacture a controlled substance commits unlawful sale of a precursor, a Class D felony. However, the offense is a Class C felony if the person sells, transfers, distributes, or furnishes more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine.
(h) This subsection does not apply to a drug containing ephedrine, pseudoephedrine, or phenylpropanolamine that is dispensed under a prescription. A person who:
(1) has been convicted of:
(A) dealing in methamphetamine (IC 35-48-4-1.1);
(B) possession of more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine (IC 35-48-4-14.5(b));
(C) possession of anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with intent to manufacture methamphetamine or amphetamine (IC 35-48-4-14.5(c));
(D) possession of two (2) or more chemical reagents or precursors with the intent to manufacture a controlled
substance (IC 35-48-4-14.5(e)); or
(E) unlawful sale of a precursor (IC 35-48-4-14.5(g)); and
(2) not later than seven (7) years from the date the person was
sentenced for the offense;
knowingly or intentionally possesses ephedrine, pseudoephedrine,
or phenylpropanolamine, pure or adulterated, commits possession
of a precursor by a methamphetamine offender, a Class D felony.
(1) Ephedrine or pseudoephedrine dispensed pursuant to a prescription.
(2) The sale of a drug containing ephedrine or pseudoephedrine to a licensed health care provider, pharmacist, retail distributor, wholesaler, manufacturer, or an agent of any of these persons if the sale occurs in the regular course of lawful business activities. However, a retail distributor, wholesaler, or manufacturer is required to report a suspicious order to the state police department in accordance with subsection
(3) The sale of a drug containing ephedrine or pseudoephedrine 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
(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) "Pharmacy or NPLEx retailer" means:
(A) a pharmacy, as defined in IC 25-26-13-2;
(B) a retailer containing a pharmacy, as defined in IC 25-26-13-2; or
(C) a retailer that electronically submits the required information to the National Precursor Log Exchange (NPLEx) administered by the National Association of Drug Diversion Investigators (NADDI).
(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).
(c) A drug containing ephedrine or pseudoephedrine may be sold only by a pharmacy or NPLEx retailer. A retailer may not sell a drug containing ephedrine or pseudoephedrine.
(1) The
(2) The
(A) three and six-tenths (3.6) grams of ephedrine or pseudoephedrine, or both, to one (1) individual on one (1) day;
(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) sixty-one and two-tenths (61.2) grams of ephedrine or pseudoephedrine, or both, to one (1) individual in a three hundred sixty-five (365) day period.
(3) The
(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
(4) The
(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
(E) the ephedrine or pseudoephedrine product purchased, including the number of grams the product contains and the date and time of the transaction.
(5) Beginning January 1, 2012, a
retailer shall, except as provided in subdivision (6), before
completing a sale of an over-the-counter product containing
pseudoephedrine or ephedrine, electronically submit the required
information to the National Precursor Log Exchange (NPLEx)
administered by the National Association of Drug Diversion
Investigators (NADDI), if the NPLEx system is available to
retailers pharmacies or NPLEx retailers in the state without a
charge for accessing the system. The retailer pharmacy or
NPLEx retailer may not complete the sale if the system
generates a stop sale alert.
(6) If a retailer pharmacy or NPLEx retailer selling an
over-the-counter product containing ephedrine or
pseudoephedrine experiences mechanical or electronic failure of
the electronic sales tracking system and is unable to comply with
the electronic sales tracking requirement, the retailer pharmacy
or NPLEx retailer shall maintain a written log or an alternative
electronic recordkeeping mechanism until the retailer pharmacy
or NPLEx retailer is able to comply with the electronic sales
tracking requirement.
(7) The retailer pharmacy or NPLEx retailer stores the drug
behind a counter in an area inaccessible to a customer or in a
locked display case that makes the drug unavailable to a customer
without the assistance of an employee.
(8) The retailer posts a sign warning that:
(A) it is a criminal offense for a person to purchase drugs
containing more than seven and two-tenths (7.2) grams of
ephedrine or pseudoephedrine, or both, in a thirty (30) day
period;
(B) it is a criminal offense for a person to purchase drugs
containing more than three and six-tenths (3.6) grams of
ephedrine or pseudoephedrine, or both, on one (1) day; and
(C) depending on the amount of ephedrine or pseudoephedrine
contained in the drug, purchasing more than one (1) package
of drugs containing ephedrine or pseudoephedrine on one (1)
day may be a crime.
The warning sign must list maximum amounts of ephedrine or
pseudoephedrine that may be purchased in both grams and
milligrams.
(d) (e) A person may not purchase drugs containing more than:
(1) three and six-tenths (3.6) grams of ephedrine or
pseudoephedrine, or both, on one (1) day; or more than
(2) seven and two-tenths (7.2) grams of ephedrine or
pseudoephedrine, or both, in a thirty (30) day period; or
(3) sixty-one and two-tenths (61.2) grams of ephedrine or
pseudoephedrine, or both, in a three hundred sixty-five (365)
day period.
These limits apply to the total amount of base ephedrine and
pseudoephedrine contained in the products and not to the overall
weight of the products.
(e) (f) This subsection only applies to convenience packages. A
retailer may not sell drugs containing more than sixty (60) milligrams
of ephedrine or pseudoephedrine, or both in any one (1) transaction if
the drugs are sold in convenience packages. A pharmacy or NPLEx
retailer who that sells convenience packages must secure the
convenience packages behind the counter in an area inaccessible to a
customer or in a locked display case that makes the drug unavailable
to a customer without the assistance of an employee.
(f) (g) A retail distributor, wholesaler, or manufacturer shall report
a suspicious order to the state police department in writing.
(g) (h) Not later than three (3) days after the discovery of an unusual
theft at a particular retail store, the retailer pharmacy or NPLEx
retailer shall report the unusual theft to the state police department in
writing. If three (3) unusual thefts occur in a thirty (30) day period at
a particular retail store, pharmacy or NPLEx retailer, the retailer
pharmacy or NPLEx retailer shall, for at least one hundred eighty
(180) days after the date of the last unusual theft, locate all drugs
containing ephedrine or pseudoephedrine at that particular retail store
pharmacy or NPLEx retailer behind a counter in an area inaccessible
to a customer or in a locked display case that makes the drug
unavailable to customers without the assistance of an employee.
(h) (i) A unit (as defined in IC 36-1-2-23) may not adopt an
ordinance after February 1, 2005, that is more stringent than this
section.
(i) (j) A person who knowingly or intentionally violates this section
commits a Class C misdemeanor. However, the offense is a Class A
misdemeanor if the person has a prior unrelated conviction under this
section.
(j) (k) A retailer who pharmacy or NPLEx retailer that uses the
electronic sales tracking system in accordance with this section is
immune from civil liability for any act or omission committed in
carrying out the duties required by this section, unless the act or
omission was due to negligence, recklessness, or deliberate or wanton
misconduct. A retailer pharmacy or NPLEx retailer is immune from
liability to a third party unless the retailer pharmacy or NPLEx
retailer has violated a provision of this section and the third party
brings an action based on the retailer's pharmacy's or NPLEx
retailer's violation of this section.
(k) (l) 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.
